(This article was written several months back, and some of the information has changed although the crux of it still holds true)
I’ll take How to screw physicians over when they’re already down for the count for $1,000,000, Alex.
That was my thought, at least, after reading the latest headlines about non-compete clauses.
Here it is, for your viewing pleasure:
I’m sorry, but non-competes make sense only to protect the big businesses in healthcare.
They hurt both the physician and the patient. The little guys.
Allow me to use an analogy, from another field. This way, some of our readers who aren’t physicians, can understand what this means for doctors and patients.
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The Analogy
GAP hires you as their salesperson, and you became really, really good at selling shirts. You then ask for higher pay, but are unsuccessful at negotiating for a raise.
Well, a new clothing store next door gets built, and is willing to pay you the amount you’re asking to get.
It’s a substantial raise, so you naturally want to move there.
Well, if non-compete clauses existed in this workforce, too, a salesperson could not move to the new store, because a non-compete would force the salesperson to work far, far away.
But this isn’t a fairytale. We can’t just readily switch workplaces to kingdoms that are far, far way.
We need a workplace that’s close. close by.
This isn't a fairytale. We can't just readily switch workplaces to kingdoms that are far, far way.
The Reality for GAP
Thankfully, GAP can’t monopolize their workers like this.
Want to know the short on why they can’t? Because they don’t need to hire salespeople with advanced degrees.
All GAP needs to do is put out a call for a clothing salesperson, and then interview the many applicants that then come in, including folks in school.
Now, because advanced degrees are scarce (think about how long it takes to become a doctor!), and because the doctor is the real asset where healthcare delivery is concerned, health systems have devised of a legal way to – and I say this boldly, even though it’s a bit crude – hold on to doctors “by their balls”.
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The Reality for Doctors
If doctors get offered a better job by a competing workforce nearby, they cannot legally go there, thanks to today’s non-competes.
Worse, if a system decides to fire the doctor, for any reason they want, the doctor STILL cannot work there, either.
Guess who this hurts, in addition to the doctor?
You got it right. The patient. You.
Continuity of care is harmed because the doctor is limited in where they can now work.
Care is disrupted whenever a doctor decides to (or is forced to) work elsewhere because they cannot work nearby and then the patient is no longer able to continue seeing them.
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Calling Dibs
The systems are essentially “calling dibs” here, folks. Stating outright that the region in which they exist, and surrounding regions as well, are theirs!
It’s all done to protect the bottom line of just ONE entity: the healthcare system that monopolizes its workforce.
The systems are essentially "calling dibs" when they make you sign a non-compete.
It’s utter bullshit and yet it continues to get passed, to the sheer horror of the doctors who must obey it.
Now convince me that non-competes make sense, and contribute positively to our healthcare system.
Go ahead, I’m listening.
