WisMed submits comments supporting FTC’s noncompete clause ban

Calling out the unfortunate propensity of some employers to use the “blunt instrument” of time and distance-based noncompete clauses in physician employment contracts, the Wisconsin Medical Society (WisMed) registered its support April 19 to a Federal Trade Commission’s rule proposal that would ban most employers from that practice.

“As the state of Wisconsin’s largest physician organization, WisMed’s members are dedicated to the best interests of their patients,” reads the memo to FTC Chair Lina Kahn. “Current utilization of noncompete clauses in physician employment contracts often interfere with a patient’s ability to access care from the physician of their choice. As more targeted contracting provisions protecting employers are available, WisMed supports the proposed rule,” the memo says.

WisMed’s Board of Directors acted to strengthen its policy on noncompete clauses in May 2022, making it clear that such restrictive covenants “interfere with the patient-physician relationship and physician and patient autonomy.” (EME-001 Restrictive Covenants) The memo to the FTC also highlights how the balance of power between contracting entities has changed significantly over time:

As more physicians move from being self-employed to working for hospitals, health systems, or corporate entities, the typical balance of power inherent to contractual relationships has been skewed. Individual physicians may have little bargaining power to object to noncompete clauses when employment contracts are offered; our members have reported that some hospitals/health care systems often portray the clauses as non-negotiable. The clauses are therefore indeed “blunt instruments.”

The rule will likely face court challenges once a final version is issued and before it takes effect (60 days after being published in the Federal Register). The U.S. Chamber of Commerce – a coalition of employers including the American Hospital Association, the National Restaurant Association and dozens of other groups representing large corporations – has expressed its opposition to the rule and is expected to be a lead litigant.

Contact WisMed’s Mark Grapentine, JD for more information.

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AMA President-elect Jesse Ehrenfeld, MD to keynote 2023 Doctor Day on June 15

Continuing its tradition as the premier annual physician advocacy event in Wisconsin, Doctor Day 2023 on June 15 will feature one of the nation’s top physician leaders: Jesse M. Ehrenfeld, MD, president-elect of the American Medical Association. Dr. Ehrenfeld will be speaking to the group in his AMA role; he is also a senior associate dean, tenured professor of anesthesiology and director of the largest statewide public health philanthropy organization, “Advancing a Healthier Wisconsin Endowment” at the Medical College of Wisconsin.

Jesse Ehrenfeld, MD, MPH

His keynote address to Doctor Day attendees will focus on current challenges physicians face as they emerge from the COVID-19 pandemic, and what both organized medicine and individual physicians are doing and can do. 

Registration is open for the day-long event at widoctorday.org. You can read much more about Dr. Ehrenfeld here.

Celebrating the 10th Anniversary of Doctor Day

Doctor Day 2023 is the 10th anniversary of the important collaboration among the Wisconsin Medical Society and more than a dozen state physician specialty societies. While each physician organization often holds their own “Advocacy Day” in the State Capitol, Doctor Day allows physicians from all specialties to gather, learn together and advocate for their profession and patients in Madison. While the last two Doctor Days were held virtually due to the COVID-19 pandemic, this year’s event will be at the Monona Terrace in Madison.

Grassroots physician advocacy is essential to help policymakers understand the ramifications of legislation being considered or administrative rules they review. Numerous other groups in the health care area understand this importance and act accordingly by hiring high-priced lobbyists and/or making significant campaign contributions to important legislators and their leadership committees. Physicians have historically lagged in these grassroots/campaign areas – ironically because the profession is dedicated to their patients and improving public health rather than focusing on quarterly profits. If Wisconsin’s physicians were universally active in building relationships with their elected officials, those in the Capitol would better understand what is best for patients. While Doctor Day is just one day on the calendar, it can be an important opportunity for physicians to either build upon already-existing relationships or start one (or two!).

For more information about Doctor Day or physician advocacy in general, contact the Wisconsin Medical Society’s Mark Grapentine, JD or Heidi Green.

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It’s not too late to support the Health & Harmony special appeal

Piano Fondue made the evening a rollicking good time on Friday, April 14 at the Foundation’s Fundraising Event but the real stars of the evening were the outstanding physicians who were recognized for their incredible work going above and beyond to increase health equity and access in Wisconsin.

Thank you to our incredible emcees for the evening, Wisconsin Medical Society (WisMed) Board Member, Donn Dexter, MD, and Foundation Board of Trustee’s President, Jose Ortiz, MD. Together they energized the audience to raise funds for five community health grants! None of this could have happened without the generous support of our sponsors, the efforts of our many volunteers and the amazing group of guests who came ready to have a good time and generously support a good cause.

Take a look at our Health & Harmony page to see our many sponsors, learn about the incredible award winners and see fun photos from the event. You can also look for more fun photos on social media with #WisMedHealthAndHarmony on our joint WisMed and Foundation Facebook page, on Instagram at wismed_docs and on Twitter at WisMed.

Were you unable to make it to the event or did you make a pledge that needs to be filled? You can still support community programs to increase health equity and access by donating here.

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WisMed honors award winners

The Wisconsin Medical Society (WisMed) honored Wisconsin physicians for their longstanding commitments to their communities and the medical profession.

Presidential Citation – Jennifer Edgoose, MD, MPH

WisMed Immediate Past-president Wendy Molaska, MD, presented the 2023 Presidential Citation to Jennifer Edgoose, MD, MPH, in recognition of her years of dedication to the care of marginalized populations and strategies to promote health equity and community engagement clinically, educationally and in research. This award is given to someone who has made a significant contribution to medicine and to the public’s health.

“Health equity should not be an additional goal, health equity should be the goal. It is the most ethical and humane outcome and what people should demand and expect of the health care system.”

Director’s Award – Clyde M. Chumbley, II, MD, MBA

Clyde M. Chumbley, II, MD, MBA, was presented the 2023 Director’s Award in recognition of his longstanding involvement with WisMed as CEO, his 36-year medical career as a board-certified obstetrician/gynecologist and numerous leadership and management positions. Established in 1928, this award is granted only on occasion to those who have served with outstanding distinction the art and science of medicine, their fellow physicians and the public.

“I am deeply honored and humbled to receive WisMed’s Director’s Award. It has been a privilege to work alongside some of the most dedicated and passionate physicians in Wisconsin. I look forward to continuing to contribute to WisMed’s mission as needed in the future.”

Physician Citizen of the Year – Douglas Davis, MD, PhD, William Finlayson, MD, and Adedayo Onitilo, MD, PhD, MSCR, FACP

WisMed accepts friend, colleague or personal physician nominations for its Physician Citizen of the Year Award. First established by WisMed in 1982, the award recognizes and encourages Wisconsin physicians who volunteer their time and talents through civic and cultural activities — helping to improve the health and well-being of their communities. We had the pleasure of presenting three awards for 2023 to Douglas Davis, MD, PhD, William Finlayson, MD, and Adedayo Onitilo, MD, PhD, MSCR, FACP.

Douglas Davis, MD, PhD

Dr. Davis has demonstrated true dedication and altruism with his role volunteering in the Ukrainian aid effort. He is to be commended for his dedication to serving those in need despite the time and cost he would incur. Most impressive is his full-time devotion to partnering with UMANA to help organize the donation, collection and shipment of thousands of dollars of medical supplies and other aid to Ukraine.

Dr. Davis said of his Ukrainian aid work, “I am ‘Ukrainian-by-marriage,’ but I am dedicated to this cause due to its dire implications, not just for Ukraine, but for everyone in the free world. I believe that Ukraine's defense of freedom, sovereignty and self-determination is really just the tip of the spear for all those who support these ideals and for all those who oppose the reemerging elements of tyranny and totalitarianism around the globe. The only thing necessary for Putin and his ilk to triumph in the world is for good people to do nothing.”

William Finlayson, MD

Dr. Finlayson has demonstrated true leadership through his various roles as President of Cream City Medical Society, Milwaukee Gynecological Society and his local YMCA Board. Dr. Finlayson is a shining symbol of advocacy and leadership who has tirelessly given back to his profession and community. He is to be commended for his dedication to justice and equity initiatives in Milwaukee. He chose to practice in Milwaukee, despite facing racial discrimination, to support the local black community. He continued to support black physicians in Milwaukee through his advocacy efforts in the Cream City Medical Society. Dr. Finlayson founded the W.E.B. Du Bois Club to educate high school students about financial skills and black history.

“On behalf of the Cream City Medical Society, the people of Milwaukee and the myriad of patients, medical students and residents whose lives you have touched over an illustrious career, I congratulate you on receiving the Wisconsin Medical Society’s Physician Citizen of the Year award, 2023. No award, no plaque, no proclamation can come close to characterizing the impact that you have had not only on the physical health, but also on the fiscal and social health of the people of the city of Milwaukee, especially those people who reside in its inner city. You have been the penultimate role model for many physicians who have come after you, who aspire to make a positive change in communities desperately in need of positive leadership. It is our hope that the ripples of your dedication and sacrifices continue to reverberate out to countless people for generations to come, even beyond your earthly life. It is with honor and humility that we join the Wisconsin Medical Society in saying, thank you, Dr. William Finlayson, a true living legend,” said Kevin Izard, MD, President of the Cream City Medical Society.

Adedayo Onitilo, MD, PhD, MSCR, FACP

Dr. Onitilo has demonstrated true leadership in his role as a Principal Investigator at WinCorp and the Editor-in-Chief of the Clinical Medicine & Research Journal. As a scholar, an astute clinician, a researcher, a leader and a compassionate human being, he has tirelessly given back to his profession and community. Dr. Onitilo is to be commended for his dedication to medical research and his work with the Marshfield Clinic Health System where he serves as the Oncology/Hematology and Radiation Oncology Service Line Director. He globalized the Marshfield Clinic Oncology program with regional and national recognition as a Center of Excellence in the breast program and expanded the program with the construction of the new Stevens Point Oncology Center.

“Wisconsin is a great state to live in and practice medicine. So naturally, it is humbling and thrilling to be recognized amongst the many worthy physicians in the state. Still, I cannot claim credit for any accolades without acknowledging the platform provided by Marshfield Clinic through the excellent colleagues and staff I interact with daily. I firmly believe there is no ‘I’ in ‘team,’” said Dr. Onitilo about receiving this award.

During last week’s Annual Event, Don S. Lee, MD, MPH, FACP, SFHM, CHCQM-PHYADV, was installed as Wisconsin Medical Society President, John Cook was installed as Treasurer and Cynthia Hart, MD, FAAFP, was confirmed as President-elect.

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Thank you to our WISMedPAC contributors!

A huge thank you to those who attended the Wisconsin Medical Society’s annual business meeting on April 15 and stepped up to the WISMedPAC table to contribute to either WISMedPAC or WISMedDIRECT. For the short amount of time we had to raise these funds on Saturday, we certainly added a lot of contributors.

We'll be adding contributors' names to this board all year and it will show up at Board meetings, county meetings, dinners and other events so you can add your name to our advocacy efforts! The physician voice needs to be heard by those working for you in Madison and Washington, D.C. Other interests in the health care world more focused on profits or revenue are being heard – elected officials need to hear from you and your colleagues.

Thank you again for your support. It allows our advocacy team to have a seat at the table! 

To learn more about WISMedPAC (our political action committee) and WISMedDIRECT (our conduit), click on these links or contact Heidi Green at 608.358.6116.

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Get to know the WisMed Assure team – Janet Marszalek

WisMed Assure, the Wisconsin Medical Society’s insurance agency, provides a full range of personal and professional insurance to physicians, clinics and health care groups throughout Wisconsin. Janet Marszalek, RPLU, Senior Account Manager, works on the professional and business insurance team, helping physicians and clinics with their medical professional liability, business owners’ coverage, cyber liability and more. Let’s learn more about Janet.

Which products/services does your area of the WisMed Assure team provide?

The WisMed Assure Team provides medical professional liability, business owners coverage, directors & officers/fiduciary coverage, employment practices liability, cyber network security and workers compensation coverage.

Why is it important for physicians and health care groups to have this coverage or these services in place?

The Injured Patient and Families Compensation Fund (IPFCF) requires that physicians, CRNAs and many types of health care facilities participate in the IPFCF if they primarily practice in Wisconsin. To comply with this requirement, securing medical professional liability coverage with a highly rated carrier is important. The various products offered by WisMed Assure provide coverage in the event of a claim and offer peace of mind and financial stability to the client.

Who should reach out to your team for coverage (what stage of life, what age, etc.)?

Hospital facilities, physician groups and other medical professionals should contact WisMed Assure when opening a medical practice, moving or looking for quote options. WisMed Assure works with several malpractice carriers and brokers to provide outstanding coverage options.

Tell us a little about your background and why you do what you do?

I have 37 years of experience in the insurance industry, working the majority at ProAssurance as a Senior Underwriter and Policyholder Services Representative. I specialize in offering advice and assistance to physicians, hospitals and health care facilities needing professional liability coverage. My background working for a leading professional liability carrier fits well with my present position on the agency side at WisMed Assure.

What's different about WisMed Assure?

The service team at WisMed Assure is very knowledgeable and goes the extra mile to give exceptional customer service. It’s a small, dynamic team that collaborates daily to provide affordable insurance solutions for our clients. I enjoy working with the team and feel very supported.

What is your favorite client story?

We received a request from a solo physician for professional liability insurance that included a gap in coverage, making the situation difficult to obtain coverage. Our team covered the gap with WHCLIP and ProAssurance going forward. It was challenging for the physician without an office manager to fax or email the required forms. We had several conversations to make this happen. In the end she was very pleased with the outcome and service received.

It was an emotional situation for her in that this coverage allowed her to practice in an underserved rural Wisconsin community. It was rewarding to help this physician obtain coverage and achieve her dream.

To learn more about how WisMed Assure can help you, reach out to Janet Marszalek at [email protected] or 608.442.3726.

WisMed Assure offers Wisconsin Medical Society members discounts and exclusive access to insurance products including medical malpractice insurance, business owners’ insurance, WPS Medicare Supplement program, dental, health, disability and life insurance. 

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WisMed launches online apparel store!

If you have been wanting to purchase Wisconsin Medical Society (WisMed) merchandise, we are pleased to now offer an online store to buy logoed apparel and accessories. Our introductory launch is now online, and to celebrate and thank our members for a successful WisMed Annual Event we are offering a ten percent discount for all orders placed by May 31.* Click here to visit the store. 

*Discount will automatically be applied in your cart. Please note that all orders placed between now and May 31 will ship in June.

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