RALEIGH — The North Carolina Medical Society (NCMS) is working with our members and stakeholders to assess the implications of the draft rule and how it will impact patients and their clinicians. Although prohibited in some states, North Carolina does not currently limit the use of noncompete agreements for clinicians. One of our biggest concerns is that noncompete clauses can impact how and where a clinician may practice after separating from an employer or practice, which subsequently can restrict patient access to their established clinicians. As referenced in the NCMS vision statement we are always dedicated to the sanctity and continuity of the clinician-patient relationship. This support extends to ensuring patients are allowed choice when it comes to seeing their clinician. As drafted, the proposed rule has the potential of impacting patients across the state, regardless of their county of residence, and would create significant change in the health care sector. The NCMS will continue to seek better understanding of the full implications of the draft rule and will closely monitor any further actions taken.
Noncompete clauses have caused immeasurable harm to patients for decades in rural and semi-rural NC. Most of these areas suffer from physician shortages anyway and these policies serve to remove established care providers from a community and creating an immediate healthcare vacuum that adversely affects patient care for years to come. Sometimes the physician lost in these forced moves never return and are never replaced.
Non-compete agreements are abused frequently by home healthcare providers, as well, assigning CNA’s to a 50 mile radius of their homes on paper.
So if a CNA lives in Salisbury, she may be called to duty in Burlington (50 miles away) or Pineville (50 miles away). When they cut her hours, and she resigns, she is then informed that the 50 mile rule applies to the furthest points from the outskirts of her former employer’s territory, which effectively is 100 miles from her residence. This is an abuse that must be stopped. Medical professionals should be able to quit and get a job even in the same town without penalty if they wish. Then healthcare organizations would be force to provide competitive wages, hours and working conditions—or wither on the vine.