U sorta of want to throw up when u hear the AHA response to why non competes should exist
the American Hospital Association thanks the Federal Trade Commission (FTC) for dismissing its appeals in Ryan, LLC v. FTC, No. 24-10951 (5th Cir.), and Properties of the Villages v. FTC, No. 24-13102 (11th Cir.), and acceding to the vacatur of the Non-Compete Clause Rule.
www.aha.org
We all know it’s about control.
My hospital employed surgeon friends are deeply hurt by non competes.
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Third, the FTC’s own cited evidence indicates that the use of non-compete clauses increases the rate of earnings growth for physicians. The evidentiary record submitted by the FTC in connection with its now-vacated rule makes this clear. Throughout the proposed rule, the FTC cited to the Lavetti, Simon, and White study focusing on physician earnings,
infra n. 10. As the Commission observed at that time, that study found that the “use of non-compete clauses among physicians is associated with greater earnings (by 14%) and greater earnings growth.”16”
Thera a lot of crap especially for specialists who commmad far greater income potential in the free market such as urology and orthopedic and neurosurgery.
The way my surgeon friends are their hospital employee contracts is they get guaranteed a base salary X amount (generally in the 400s/500s range) for X years (2-3) plus rvu (which can be as low as $40 to as high as $100). After the base units. Essentially after around 600-700k a hospital employee surgeon income is really capped since it’s so rvu dependent especially after the contract expires. You can work like a dog and not make more than the upper end of 600-700k in many surgery specialities. When their earning potential is 1.5 million (like my ortho buddy who has his own practice the last 10 years). His income was essentially capped around 750-800k being hospital employee. Of course hospitals will say he doesn’t need an office or staff. But that pales in comparison to what he generates in facility fees since he gets x amount from the surgery center he has a stake in.
The nursing union is so strong so the aha will want to throw the public a bone and still want to keep physicians tied to non competes. Which is a load of crap again because they know without docs. Hospitals lose control.