The Battle Over Patient Choice and Access in Health Care: The Ethical, Legal and Practical Effects of Banning or Enforcing Physician Non-Competition Provisions

摘要

A burning issue for physicians and healthcare employers in Tennessee and across the country is whether or not provisions restricting competition against a previously employed physician should or should not be enforceable. Employers implement non-competition restrictions to prevent unfair competition by physicians who have gained access to patients and referral sources during the course of employment. This article explores the changing federal, ethical, and state laws, and alerts policymakers and contracting parties to the practical, legal and ethical implications of either banning or enforcing noncompetition provisions. The article recommends solutions that recognize the value of both patient and employer rights.