President's Message

july 2024

Dear PaACC Members,

It has been an eventful last couple of weeks in national politics to be sure! We want to update you on several important bills and chapter events going on with the PaACC.

NONCOMPETE LEGISLATION

House Bill 1633 (Noncompete Covenants) has been signed into law as Act 74. This new legislation, which takes effect on January 1, 2025, introduces significant changes to noncompete agreements for health care practitioners (physicians as well as APPs) in Pennsylvania.

Key Provisions of Act 74:

• Noncompete Agreements:
• Noncompete covenants are enforceable if their length is no more than one year and if the employee left voluntarily.
• Noncompete provisions are still allowed in cases of business sales.

• Recovery of Expenses:
• Employers may recover expenses related to relocation, training, and establishment of a patient base if:
• The expenses are directly attributable to the health care practitioner and accrued within three years prior to separation (unless the practitioner was dismissed).
• The expenses are amortized over up to five years from the date of the practitioner ’s separation.
• Patient Notification Requirements:
• Employers must notify patients with an ongoing outpatient relationship of two or more years within 90 days of a health care provider ’s separation. The notification must include:
• The practitioner’s departure.
• How patients can transfer their health records to another practitioner.
• Information on the possibility of being assigned to a new practitioner within the existing employer.

• Health Care Cost Containment Council Study:
  
• The Health Care Cost Containment Council is tasked with studying the effects of this Act and reporting its findings within three years to relevant Senate and House committees.

Your Input is Needed!

This bill passed the House as a comprehensive non-compete ban, but was quickly amended and passed through the Senate. It is unclear what if any input physician groups had on the final Senate version of the bill. On the one hand it is good that non-competes can be no longer than a year and are not enforceable if you are terminated, however, there are no limits addressed in the bill for that year including a mileage size restriction, banning particular future employers, etc. We will be meeting with our lobbyist to develop strategies for improving this law in the next legislative session. We invite you to share your feedback and suggestions on how we can enhance this legislation by replying to this email. For those of you are PA Medical Society members, please also share your feedback on their website as the medical society is always consulted by lawmakers on issues. 

Concerning the Federal Trade Commission’s rule banning all noncompete agreements, there are several court cases that have just begun. A federal judge in Pennsylvania just this week denied an injunction blocking the FTC rule from going into effect in September. A different federal judge in Texas however last month issued a preliminary injunction on behalf of a company and the US Chamber of Commerce blocking the rule from going into effect for those companies, with a decision to be made on a nationwide injunction due at the end of August. The FTC ban likely does not apply to not-for-profit companies which make up the majority of hospitals (and physician employers) in Pennsylvania. It is clear that improving the state law regarding noncompetes will be the best way to improve the freedom for PA physicians to work where they want to and with what employer.  

The Pennsylvania ACC is a significant sponsor of the CardioNerds Narratives in Cardiology Series. This is a multimedia educational series involving cardiology faculty and fellows in training (FIT) from various backgrounds, subspecialties, and career stages discussing important educational topics. It can be found on Apple Podcasts, Spotify and Android Podcasts. To listen to a recent episode about becoming a Medical Educator as a Cardiologist, click here.		The Mid-Atlantic Capital Cardiology Symposium (MAACS) Meeting will be held at Heart House in Washington, DC the weekend of November 9th-10th. We will hold a Fellows Jeopardy competition for Pennsylvania the morning of Saturday the 9th, followed by an FIT conference in the afternoon. All PA fellowships are welcome to enter a team! There is a CME conference on Sunday the 10th with great speakers from all over our region. Registration will be opening soon.

SAVE THE DATE

The ACC Legislative Conference is scheduled from September 29 - October 1, 2024. Given the proposed additional cuts in Medicare reimbursement for next year, it is more important than ever to advocate for our profession and access to care for our patients. This signature three-day event offers cardiovascular clinicians spanning the entire care team a chance to hear from ACC leaders, staff and other experts on health policy issues affecting patients and the profession. It also provides an important opportunity to speak directly with members of Congress and their staff on the final day of the meeting. Pennsylvania always has one of the larger delegations and we invite anyone interested in join us. Register here. 

We continue to welcome feedback and are excited about growing and having more members get involved. Please check out our website at www.pcacc.org, follow us on Twitter @PAChapterACC, and reach out any time via president@pcacc.org with questions, ideas, needs or if you would like to get involved in PaACC activities.

Ross Peterson, MD, MBA, FACC

President, PaACC

Governor, Western PA