Becker's ASC Review

37 HEALTHCARE NEWS 37 Feds target no-poach agreements: 5 things for ASCs to know By Patsy Newitt S taffing shortages amid the COVID-19 pandemic have led to an increase in "no-poach" agreements to restrict employee mobility, according to a June 22 article in JDSupra. e agreements, which suppress competition, have pushed ac- tion from the federal government, including an executive order from President Joe Biden to promote competition in the American economy. Healthcare businesses, including ASCs, need to focus on how to recruit and retain employees while avoiding these agreements, ac- cording to the article. Here's what ASCs need to know: 1. No-poach agreements are arrangements between employers who agree not to recruit each other's employees. ey include wage-fixing arrangements under which companies don't compete on specific terms, including compensation. 2. ese agreements can exist formally, through a written contract, or informally, via a verbal commitment. Any casual conversation can form the basis of a no-poach agreement if anticompetitive practices are discussed. 3. No-poach litigation can be initiated by the U.S. Justice Depart- ment, the Federal Trade Commission or private parties affected by the arrangements. In many cases, these suits are class-action litiga- tion brought by a group of employees, according to the report. 4. ASC companies have been the target of some of these suits. On Jan. 5, 2021, the Justice Department indicted ASC chain Surgical Care Affiliates on charges of conspiring with a Texas company not to solicit senior-level employees. 5. To avoid entering into no-poach agreements, according to the article, employers should refrain from making any deals with other employers regarding compensation and not share competitive infor- mation. n 10 specialties with the most physicians at $5M+ net worth, according to Medscape By Patsy Newitt Plastic surgery is the specialty with the most physicians most likely to report net worth exceeding $5 million, according to Medscape's "Physician Wealth & Debt Report 2021." The report, released June 10, includes responses from 13,000 physicians in more than 29 specialties. The 10 specialties: • Plastic surgery: 26 percent • Orthopedics: 25 percent • Dermatology: 23 percent • Urology: 23 percent • Cardiology: 23 percent • Gastroenterology: 22 percent • Oncology: 20 percent • Ophthalmology: 20 percent • Radiology: 19 percent • Otolaryngology: 18 percent n Physicians with ownership stake in their practice hits lowest rate in 5 years By Patsy Newitt T he number of physicians with ownership in their practice is at its lowest since 2017, according to Medical Economics' "2022 Physician Report" re- leased June 18. Data for the report was collected from physicians in the first quarter of 2022. Specialties surveyed included ophthalmology, cardiology, family medicine, internal medicine, dermatology and urology. Here's how the percentage of physicians claiming own- ership interest in their practices has changed in the last five years: 2017: Ownership interest: 50 percent of physicians No ownership interest: 50 percent 2018: Ownership interest: 50 percent of physicians No ownership interest: 50 percent 2019: Ownership interest: 49 percent of physicians No ownership interest: 51 percent 2020: Ownership interest: 51 percent of physicians No ownership interest: 29 percent 2021: Ownership interest: 45 percent of physicians No ownership interest: 55 percent n

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