Becker's Spine Review

25 ASC FTC moves to ban non-competes: What it could mean for physicians By Claire Wallace I n January, the Federal Trade Commission proposed a rule that would keep employees free from non-compete contracts. e rule would apply to full-time employees and independent contractors, both paid and unpaid. e non-compete rule, which the FTC is accepting public comments on until March 10, would impact nearly every job position in the U.S., including physicians and medical staff. Health systems oen impose non-compete contracts on physicians to prohibit them from leaving to start a new practice, or following fellow physicians who leave to start their own practice, according to a Jan. 12 report from Medscape. A 2018 survey found that about 37 percent of employed physicians were bound by non-compete contracts. Some states, including California, Oklahoma and North Dakota have already banned certain non-compete contracts. Physicians are split on their support of non-compete contracts. "A federal ban on non-compete agreements will ensure that physicians nationwide can finally change jobs without fear of being sued," Erik Smith, MD, a clinical professor of anesthesiology in California, told Medscape. On the other hand, practice owner and cardiologist Rishin Shah, MD, is opposed to the proposed FTC rule. "As a small practice owner, I am personally against this. e noncompete helps me take a risk and hire a physician. It typically takes 2-3 years for me to break even. I think this will further consolidate employment with large hospital systems unfortunately," Dr. Shah told Medscape. e American Medical Association has publicly discouraged physicians from signing contracts with unreasonably strict non- compete contracts, as has the American Hospital Association. However in 2020, the AMA urged the FTC not to make a federal rule regulating any non-competes for physicians. e FTC claims that banning non-competes nationwide will increase annual wages by $300 billion as it will allow 30 million Americans to pursue different job opportunities. n 2 Tennessee ASCs removed from BCBS network By Patsy Newitt B lue Cross Blue Shield of Tennessee has ended its relationship with Memphis-based Methodist Le Bonheur Healthcare, and two ASCs are affected, local ABC affiliate ABC24 reported Jan. 5. In total, 11 locations have been removed from the networks, including Methodist Le Bonheur Germantown Surgery Center. Another ASC, Wolf River Surgery Center, will be out of network effective Oct. 23. BCBS said they have a process to review requests to cover care at Methodist or Le Bonheur as in network. "We are negotiating with the larger Methodist system, we offered a separate contract to keep Le Bonheur in-network," the payer told ABC 24. "And we aren't asking for Methodist to accept lower payments for TennCare patients who are BlueCare members." n USPI CEO, president to retire By Patsy Newitt Brett Brodnax, president and CEO of United Surgical Partners International, will retire at the end of 2023. Andy Johnson, who has returned to USPI as its chief administrative officer, is expected to be promoted to president and CEO once Mr. Brodnax retires, a Jan. 19 press release from Tenet Healthcare, USPI's parent company, said. Mr. Johnson has previously served as USPI's chief development officer and chief operating officer of the east division. "Brett has not just positively shaped USPI, but the overall ambulatory surgery industry. He will always be a distinguished alumnus of the company and a supporter of USPI's team, community of doctors and health system partners," Saum Sutaria, MD, CEO of Tenet, said in the release. Dr. Sutaria also noted he will personally be spending more time with USPI to "advance business goals." Mr. Brodnax joined USPI in 1999 and has previously served as the senior vice president, executive vice president and chief development officer. Before joining USPI, Mr. Brodnax was an assistant vice president at Dallas-based Baylor Healthcare System, now known as Baylor Scott & White Health. He has served on several company boards including Ameripath, K2M and Emerus. n

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