Thank you to those of you who were able to join us yesterday for our Lunch and Learn Webinar with Mr. Philip Sprinkle who discussed contracting and the negotiation process. You may find the
outline of his presentation here and a
copy of his slides here. If you are interested in viewing the recording, please use the link and passcode below:
RECORDING LINK:
PASSCODE:
4kygcs.z
At the conclusion of the presentation, we ran out of time to answer a question from one of our attendees. Please find that question and the answer from Mr. Sprinkle below.
QUESTION:
Are non-competes for after you leave position common in radiology? Say, you cannot practice for 2 years within 50 mile radius?
The answer is that non-competes are still common (meaning more than a majority) in radiology. Depending on the state, 2 years and 50 miles is enforceable although both that amount of time and that breadth of restriction are pushing the limits. The questioner properly put their finger on the issue however. As radiologists, one usually does not have one’s own patient base (although there are a few exceptions). Accordingly, your questioner appears to be pointing to the issue of resigning privileges at all affected facilities and there NOT being a non-compete. If that is his/her position, it is a perfectly appropriate distinction to make and a perfectly appropriate concession for which to negotiate.
Unfortunately, most of the case law and most of the contracts are not that refined. They should be, but they are not. As a result, the contracting radiologist is left with the recourse of trying to poke holes in the non-compete for, for example, service at the local VA or some public hospital or an academic institution (none of which are economically feasible or preferable for most groups) and living with a non-compete. Again, it depends a lot on the state and a bit on the nature of the radiologist involved.
If you have additional questions and would like to reach out to Mr. Sprinkle, please find his contact information below. He is currently working from home so you are welcome to call him at that number.
Thank you all for joining us!
