Ep 44: Noncompete clauses with Emma Schuering, JD

Medical Economics Managing Editor Todd Shryock and attorney Emma Schuering, of the Polsinelli law firm discuss non-compete agreements in health care.

Check out our previous episodes about physicians in politics, malpractice, payer negotiations, and physician reimbursement.

Music Credits: Lofi Chillout Hip Hop Beat by Joystock - stock.adobe.com
Relaxing Lounge by Classy Call me Man - stock.adobe.com
COCKTAIL by Mythical Audio - stock.adobe.com

Editor's note: Episode timestamps and transcript produced using AI tools.

Introduction to Non-Compete Agreements (00:00:14)
Introduction to the episode and the guests discussing non-compete agreements in healthcare.

Current Legal Landscape (00:01:06)
Emma Schuering explains the ongoing uncertainty about non-compete agreements following the FTC's rule and legal challenges.

Elements of Non-Compete Agreements (00:03:19)
Discussion of the typical components of non-compete agreements, including restrictions on employment and geographic limitations.

Public Policy Considerations (00:04:26)
Emma highlights the strong public policy against restricting physicians from treating patients of their choice.

State Law Variations (00:05:38)
Overview of how enforceability of non-compete agreements varies by state, including buyout clauses.

Alternatives to Non-Competes (00:08:36)
Exploration of legal mechanisms that protect practices without limiting physicians' employment opportunities.

Risks of Hiring Physicians with Non-Competes (00:13:25)
Discussion on the potential liability for practices hiring physicians with existing non-compete agreements.

Consequences of Termination (00:15:36)
Explanation of the legal complications that arise if a physician is fired due to a non-compete issue.

Enforcement of Non-Solicitation Agreements (00:17:41)
Details on the process and recourse for practices when a former employee violates a non-solicitation agreement.

Implementing Non-Compete Agreements (00:22:44)
Advice for practice owners on assessing the need for non-compete agreements and understanding applicable laws.

The Future of Non-Compete Agreements (00:26:17)
Discussion on the trend of banning non-compete agreements and preparing for a world without them.

Planning for Change (00:27:39)
Importance of proactive planning for healthcare practices regarding non-compete agreements and future regulations.

Closing Remarks (00:28:13)
Concluding thoughts and gratitude from the host and guest, emphasizing the conversation's significance.

Subscription Information (00:28:34)
Encouragement to subscribe to the podcast and the Medical Economics newsletter for more insights.