Antitrust

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Brian Kavanaugh (@BKRadiation) took to twitter yesterday to reiterate the talking point about ASTRO/ARRO/SCAROP/etc not being able to take action to limit residency spots due to antitrust concerns. This gets thrown around a lot, but is anyone aware of any evidence that this is an actual issue?
 
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Agree 100%. I think the anti-trust argument is fishy and even if it has some merit, we can't live in fear of an unlikely lawsuit at the detriment of the whole field. Chairs/ PDs will not self-regulate their slots. I once heard a chair say something to the effect of "Why does our cross town rival have more residents than we do? We're the better department anyways. We should expand." That's seriously the level of thought that goes into some of these expansion decisions.
 
I am not a lawyer.

I served on the ACGME for RRC for six years. During orientation the ACGME lawyer(s) instructed new members that there was to be no discussion of workforce issues as it relates to deciding whether program requests for additional positions are granted or whether new programs should be approved.

If the program could demonstrate sufficient resources (patients, faculty, machines) according to the requirements in place at the time the committee MUST approve.

I did ask the question of whether there is any precedent analogous to jury nullification (the idea that the jury decides regardless of law and instructions from the judge). In this case, the RRC could decide whatever they wanted, ignoring the lawyer instructions. The lawyer replied "What is your name?". My impression is that he thought the question was impertinent. I left it at that.

I doubt that you could convince the current RRC to act in the best interest of the specialty by declaring a moratorium on residency expansion as most of them are from programs that may be considering expansion in the future.

In my time there were a majority of members concerned about the growth in positions but we could only discuss this informally outside of the meeting itself.
 
I curbsided an antitrust partner at major big law firm who is very good friend. This is the internet so feel free to blow it off. The standard today for antitrust is "what is in the public interest/good." Obviously ASTRO/ABR action will challenged, but he said that superficially, without knowing much here, that it sounds like a good case can be made to regulate residency spots in terms of public interest. Doesnt ASTRO owe to us to make a legal challenge here with a test case or something. Certainly, there will be litigation, but I would rather ASTRO fund litigation on this issue than say funding a campaign to support proton reimbursement in Gleason 6 prostate cancer. Kavanaugh is basically saying that just because there will be litigation/challenges= it is illegal to regulate, which is false.

Lastly, if ASTRO is not willing to address the issue, please reconsider support through membership or donations!
 
Tweets should be posted here if going to discuss. See below.


Brian Kavanagh‏ @BK_radiation Mar 14
Replying to @sabinbmotwanimd @lemmiwenks @ASTR😵rg


The thing to remember is that US Anti-Trust regulations prevent organizations like ASTRO from taking actions, or organizing others to take actions, in order to impact the supply of workers. 1/2


Brian Kavanagh‏ @BK_radiation Mar 14
Replying to @BK_radiation @sabinbmotwanimd and

Individuals can make forecasts and offer future-oriented suggestions, but the field as a whole (or an organization representing the field) can’t organize into what is called “collective market action” to restrict the supply, since this is viewed as anti-competitive. 2/2
 
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I also think that fortunately (or unfortunately) because the job market has not tanked yet, and people are still getting good jobs without having to do fellowships, there hasn't been any sort of mass movement to make change. I think the fact that many programs didnt fill however may push the issue.

wasn't there some buzz about RRC talking about programs less than 6 people? I say shut them down (while protecting the current residents there now)
 
Tweets should be posted here if going to discuss. See below.



"Individuals can make forecasts and offer future-oriented suggestions, but the field as a whole (or an organization representing the field) can’t organize into what is called “collective market action” to restrict the supply, since this is viewed as anti-competitive. 2/2"


Derm and Urology do this without actually putting anything in writing.

They are smart about it and certainly wouldn't double the number of spots in a decade without a legitimate reason. It's the product of having of morally-sound and effective leadership, at least when it comes to the long-term health and longevity of the specialty.
 
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It's funny how these ABR-grandfathered chairs (Colorado's being one of them), are concerned about antitrust issues when it is in their benefit, but don't discuss the current antitrust lawsuit the ABR (their empowering organization) is facing.
 
You know when you’re busy af sometimes and you don’t want to do something that is otherwise elective during your clinic day bc it’s juat a nuisance but you know a stitch in time saves nine. That’s what this has always been. Just an excuse to avoid work and responsibility. For years Weve heard this and probably repeated it ourselves without actually knowing if it’s true or if it is whether it could or should be challenged or averted like other specialties have managed
 
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It must also be anti-trust to address the ABR board exam debacle. Not a single comment from our representing body.

Even the ACR is willing to take on the ABR and criticize their practices over MOC.
 
I’m not a lawyer. But when you have lawyers admix and insert themselves into medical issues, funny things always happen.

Cutting the number of residents does not regulate workers, so it’s not anti-trust. Why? Residents are not “workers”... they are students. Everyone knows educational programs can regulate student numbers; if one could make the argument that students become workers, every university in the country could be subject to anti-trust.

EDIT: also keep in mind that residency programs don’t produce radiation oncologists. They produce people capable of attaining that status, but there are more hoops to go through after residency to obtain that official board certified status.

Are Residents Considered Students or Employees?
 
The tweet is misdirection. It allows bk_radiation to not give an opinion on whether he thinks residency spots have outgrown need. It would be important to know what the president of Astro thinks on this matter. Perhaps someone could ask (iow, I'm not volunteering).
 
It's an incredibly lame and dubious at best cop-out to avoid having to simply talk about the issue.

It's also incredibly hypocritical to bring up the idea of anti-competitiveness as a defense when essentially the ONLY way to be permanently employed (non-locums) as a rad onc is to go get credentialing from a single source -- the ABR. Why is the ABR singularly allowed to control the supply of rad oncs through subjective examinations but the RRC is not allowed to control the supply of rad oncs through residency program accreditation?

Side-stepping B.K.'s tweet for a moment as the following has nothing to do with him or this particular comment, and making a more general comment/observation about people posting on twitter:

I am really, really troubled by how our governing bodies are using the twitter-verse mob mentality to stifle debate, especially in the context of a society that has maniacally embraced the value of credentialing for almost everything such that asking questions puts your credentialing at risk, and therefore your ability to earn a living at risk. I mean, these are old school soviet-era tactics, and it's the same anti free-speech b.s. that is being used to push false narratives and silence opposing voices in modern politics. Don't go along with the party line? We'll put you under a microscope then doxx you, call you names, shame you, take away due process and have the twitter mob judge you, and get you fired. Forcefully silencing all dissent through fear tactics is easier than having debate you.

How many residents stood up to Lisa Kachnic at ASTRO last year to criticize the ABR's actions when the only option was to have a microphone shoved in your face to be recorded because the question system supposedly wasn't working? So dissenting opinions are all painted as necessarily originating from a small group of lame keyboard warrior internet crazies and those opinions are therefore invalid. The reality is they've created a system where we can't ask questions publicly that challenge the leadership because it puts our credentialing at risk.

There are two alternatives:
1. Anonymous forums like this one. Basically an underground where you can criticize leadership without fear of reprisal. Eventually they grow big enough to lead to...
2. Large scale organized resistance that offers protection through power in numbers. It's hard to gaslight people into believing opinions come from a fringe minority when there are thousands of people willing to put forth their names publicly. E.g., the MOC petitions and class action lawsuits.

History has always shown that leadership will do everything they can to shut down #1 before it can turn into #2. Hence, all the anti-SDN rhetoric on twitter and elsewhere.
 
Those diplomates who were told during residency that they thought the program was 3 years is now 4 years, and you thought your certificate was lifetime is now time limited -- are now reaching financial independence in large numbers and can provide a voice for those younger rad oncs who cannot afford to do so, including those who were recently screwed by the ABR with the radbio/physics board exam fiasco.

We need to pick our leaders more carefully than ever.

IMO, this forum will be able to provide guidance to ensure we have a seat at the table in the future.

The chickens are coming home to roost.
 
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