Non compete agreements - questions to ask

swimbikerun
on 10/26/14 12:55 am

One item I asked about was getting bariatric care through the other major group in town. I was told that there were non compete agreements (legal) so you couldn't go from one group to the other. I don't know if any one has asked that if you have more than one surgeon or group in the area.

Just a thought.

Changing to a new blog. Please investigate your surgeon. Ask specific questions on after care, practice philosophies, office staff, nutrition, supplements, etc.

kathkeb
on 10/26/14 2:38 am

I understand non-compete clauses to impact a group's ability to not 'steal'employees or customers.

As a consumer, you should be free to choose.

If you are in the US, you should have the freedom to choose, however, you may face challenges with your insurance company  if the new practice is not an approved provider.

Kath

  
swimbikerun
on 10/26/14 9:19 am
On October 26, 2014 at 9:38 AM Pacific Time, kathkeb wrote:

I understand non-compete clauses to impact a group's ability to not 'steal'employees or customers.

As a consumer, you should be free to choose.

If you are in the US, you should have the freedom to choose, however, you may face challenges with your insurance company  if the new practice is not an approved provider.

I agree. Once I was told by the competing office, I asked for verification of that in writing, and a copy of the agreement so I could verify it was patients and not doctors. I was told they couldn't do that. I have asked my former surgeons' admins, several layers, for verification that it was doctors and not patients. Silence.

I've been asking to be proven wrong in what I was told (for this and other items). I would have thought these guys would defend that. Lord knows, they certainly have the reputation of lawyering up. The fact that even the risk managers are silent, tells you volumes. It is not only by their words you must look for answers, but in the silence and not answered questions.

What I am wondering about though, is the legality of the agreement. The legal agreement might be in place, or even if it is a gentleman's agreement (I know in another case it is and was verified by 2 patients), it still is iffy. That is why I am wondering why I can't get confirmation. If there is an agreement, or even a gentlemen's one, and its illegal, well, that would explain why I can't get it.

It would also explain why they don't want people talking to me. However, it is a reason to make sure that people ask so that they don't find out in the middle of care. I happened to ask just a few months out of surgery and that's when I found out.

Changing to a new blog. Please investigate your surgeon. Ask specific questions on after care, practice philosophies, office staff, nutrition, supplements, etc.

kathkeb
on 10/26/14 11:29 am

I find your posts to be vague and hard to follow.

However, if what you are really saying is that you went to Dr. A for surgery and for some reason now want to change to Dr. B and are being told that Dr. B will not see you, that is his right.

 

If, instead of saying, " we don't want you as a patient", they are telling you a story about non-complete clauses, it's really irrelevavent.

They are entitled to choose who they take as patients.

Kath

  
Cicerogirl, The PhD
Version

on 10/26/14 5:23 am - OH

I have never heard of a non-compete agreement between surgeon's offices.  As the previously poster says, it is generally an agreement that and employee signs that restricts their ability to go work for one of their firm's competitors for a specified period of time after they leave that employer (in order to prevent "poaching", especially among consulting companies).

I cannot imagine why a doctor's office would enter into a legal agreement with the other doctors in the area to not to see anyone else's previous patients. Some are reluctant to do so, of course, because they are reluctant to get caught in the middle of any potential lawsuits, but that is different than an actual signed agreement.  I would seriously question whether the doctor's office was being truthful or just wanted an excuse to decline to treat someone.

Lora

14 years out; 190 pounds lost, 165 pound loss maintained

You don't drown by falling in the water. You drown by staying there.

poet_kelly
on 10/26/14 5:30 am - OH

Yeah, that sounds really weird to me.  It certainly is not a common practice.

View more of my photos at ObesityHelp.com          Kelly

Please note: I AM NOT A DOCTOR.  If you want medical advice, talk to your doctor.  Whatever I post, there is probably some surgeon or other health care provider somewhere that disagrees with me.  If you want to know what your surgeon thinks, then ask him or her.    Check out my blog.

 

Valerie G.
on 10/26/14 5:39 am - Northwest Mountains, GA

Well, being that you staged your own one-person demonstration in front of your surgeons office, do you think word got around?  Even if your event was legal according to police reports, you may have burned your bridges locally.

Valerie
DS 2005

There is room on this earth for all of God's creatures..
next to the mashed potatoes

Cicerogirl, The PhD
Version

on 10/26/14 10:49 am - OH

Yep.

14 years out; 190 pounds lost, 165 pound loss maintained

You don't drown by falling in the water. You drown by staying there.

swimbikerun
on 10/27/14 8:14 am

Actually it was asked 2 years ago, when I was with the surgeons' office. I had GI issues that other doctors agreed were a problem. The surgeon was asked to fix them, as I was less than 6 months after the sleeve surgery, but he wouldn't do it. I couldn't get a medical answer on what the problem was stopping me from surgery outside of not eating a lot and losing weight. Bloodwork was fine, I was exercising for competitions, etc. The insurance suggested checking out other options. When I did, that's when I got told what I did.

The insurance finally ended up calling the surgeon and his practice manager to find out what the medical issues were that were impeding surgery. They didn't get any either outside of the above.

That's why I tell people. No one had any idea and it doesn't make sense. The fact that I can't get *either* of the groups' administrations to tell me I'm wrong is odd. I've asked several times, in writing.

I find it works pretty well to ask people first instead of assuming anything.

 

Changing to a new blog. Please investigate your surgeon. Ask specific questions on after care, practice philosophies, office staff, nutrition, supplements, etc.

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