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39 Hofstra Lab. & Emp. L. J. 213 (2021-2022)
Utilizing Telehealth to Practice Medicine across State Lines: The Enforceability of Physician Non-Compete Agreements and Non-Solicitation Clauses

handle is hein.journals/hlelj39 and id is 223 raw text is: UTILIZING TELEHEALTH TO PRACTICE MEDICINE ACROSS STATE LINES: THE ENFORCEABILITY OF PHYSICIAN NON- COMPETE AGREEMENTS AND NON- SOLICITATION CLAUSES INTRODUCTION Healthcare delivery has been drastically changed in the United States as a result of the COVID-19 pandemic.1 As government and health officials advised individuals to limit face-to-face interactions in an attempt to slow the spread of the virus,2 almost all non-urgent in-person patient visits were cancelled.3 Telehealth played a crucial role in the continuance of patient care during the pandemic.4 Most simply defined, telehealth allows physicians to conduct appointments with patients over the phone or through video conferences just as they would during in- person visits.5 Organizations such as the Center for Disease Control and Prevention urged physicians and healthcare facilities to implement widespread telehealth usage.6 Thus, despite the cancellation of in-person 1. See generally Alex Spanko, Telehealth Claims Spike More than 8,000% Amid Covid-19 Pandemic, Government Waivers, SKILLED NURSING NEWS (July 8, 2020), https:// skillednursingnews.com/2020/07/telehealth-claims-spike-more-than-8000-amid-covid- 19- pandemic-government-waivers/ (discussing the increase in telehealth claims at the start of the pandemic). This study did not include claims for patients that use Medicaid or Medicare services. Id. 2. See e.g., Cal. Exec. Order N-33-20 (Mar. 19, 2020), https://www.gov.ca.gov/wp-content /uploads/2020/03/3.19.20-attested-EO-N-33-20-COVID-19-HEALTH-ORDER.pdf (becoming the first state to issue a stay at home order, California directs all residents to stay home except for essential travel and work); N.Y. Exec. Order No. 202.8, (Mar. 20, 2020), https://www.govemor.ny.gov/sites /default/files/atoms/files/EO_202.8.pdf (mandating that all non-essential workplaces utilize telecommunication to decrease the number or New York residents outside of the home). 3. See Patient Perspectives on Virtual Care, KYRUUS 2 (2020), https://www.kyruus.com /hubfs/Whitepapers/Reports /Kyruus%202020%20Patient%20Perspectives%200n%20Virtual%20Care%20Report.pdf. 4. See Letter from Jacqueline Fincher, MD, MACP, Pres., Am. Coll. of Physicians, to Seema Verma, Adm'r, Ctr. for Medicare & Medicaid Serv. (June 4, 2020). 5. See Telehealth Implementation Playbook, AM. MED. ASS'N 1, 10 (2020), https://www.ama- assn.org/system/files/2020-04/ama-telehealth-playbook.pdf. 6. See Lisa M. Koonin et. al., Trends in the Use of Telehealth During the Emergence of the COVID-19 Pandemic - United States, January-March 2020, CTR. FOR DISEASE CONTROL & 213

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