Are Non-Compete Clauses About To Be History? | And what to consider before accepting a signing bonus

Non-compete clauses have plagued contracts for decades. It’s been analogous to asymmetric warfare, with employers holding the upper hand. 

All of that may soon be a thing of the past.

In this episode, we explore the Federal Trade Commission's recent ruling to ban these clauses and its implications for doctors and the healthcare industry. We'll also discuss the unexpected ways non-competes can protect smaller groups, the rise of independent contractor models, and the critical staffing issues in emergency medicine. A highlight of our discussion includes the lure and the trap of signing bonuses—what seems like a generous offer can sometimes come with subtle strings attached. Finally, we'll touch on the U.S. Senate's investigation into major staffing companies and the innovative emergence of empath units for mental health patients. 

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Guest Bio: Leon Adelman, MD, MBA, FACEP, FAAEM is an emergency physician and co-founder of Ivy Clinicians, a software company that simplifies the emergency medicine job search through transparency. Dr. Adelman is the author and publisher of the Emergency Medicine Workforce Newsletter, which explores the business of emergency medicine.

We Discuss: 

• What is a non-compete clause?
• The Federal Trade Commission's ruling making non-complete clauses null and void
• Why employers and private equity are unhappy with the non-compete ruling
• The emergency medicine-specific burn point of the non-compete ruling: contract retention
• The unexpected way that individual non-compete contract clauses can protect a group from being replaced
• Why small groups like to use non-compete clauses
• How larger groups have moved away from non-competes and favored a 1099 independent contractor model
• Why the non-compete ruling is a massive win for independent physician practices
• The lure and the trap of physician signing bonuses
• A signing bonus is a loan, not a check. It's a loan you are paying back with time.
• What is the chance of someone not paying back the time attached to a signing bonus?
• There's a reason that some jobs offer a signing bonus and others don't.
• The US Senate Committee on Homeland Security and Governmental Affairs is investigating the staffing models of USACS, Team Health, Envision, and Life Point
• When private equity owns a hospital, it tries to lower expenses by decreasing staffing
• 48 states and the federal government don't require a physician in the emergency department
• Indiana and Virginia are the only two states that require a physician to be on duty in emergency departments
• Are Empath Units the solution to helping emergency department mental health patients?

Mentioned in this episode:

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