A physician has sued Hays, Kan.-based HaysMed alleging that a noncompete clause in his employment contract unlawfully restricts him from practicing medicine in western Kansas, Hays Post reported Nov. 18.
General surgeon Jerod Grove, MD, resigned from HaysMed on Nov. 12 after nine years of employment.
General surgeon Jerod Grove, MD, resigned from HaysMed on Nov. 12 after nine years of employment. Shortly after, he signed a contract with Greeley Health to work at Tribune (Kan.) Medical Center. HaysMed's administration, citing a board directive, then enforced the noncompete clause, effectively barring Dr. Grove from practicing at Tribune or other locations in the region, according to the report.
The noncompete clause specifies that Dr. Grove cannot practice medicine within 110 miles of Hays or within 30 miles of any location where he provided services on behalf of HaysMed for a period of two years.
The lawsuit, filed Nov. 12, alleges that the noncompete interferes with Dr. Grove's ability to make a living, grants HaysMed a monopoly in the area and exacerbates a healthcare access issue, as he is one of only 10 general surgeons in the region. He is seeking an injunction to allow him to continue practicing until the lawsuit is resolved as well as unspecified damages.
"We disagree with his allegations and look forward to responding through the appropriate legal process," a spokesperson for HaysMed said in a statement shared with Becker's. "Noncompete agreements are standard practice in healthcare and provide assurance to our patients that the hospital and its clinics have the medical staff and expertise to provide for their oftentimes complex medical needs."
According to Hays Post, Dr. Grove initially attempted to resign in August but was warned by HaysMed administration that doing so would result in an injunction preventing him from practicing in western Kansas.