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When “value” became shorthand for “economic worth”

10.05.20 // Reading

From Doughnut Economics: Seven Ways to Think Like a 21st-Century Economist by Kate Raworth (emphasis mine):

Despite such misgivings from the twentieth century’s two most influential economists, the dominance of the economist’s perspective on the world has only spread, even into the language of public life. In hospitals and clinics worldwide, patients and doctors have been recast as customers and service-providers.

There may be no perfect frame waiting to be found, but, argues the cognitive linguist George Lakoff, it is absolutely essential to have a compelling alternative frame if the old one is ever to be debunked. Simply rebutting the dominant frame will, ironically, only serve to reinforce it. And without an alternative to offer, there is little chance of entering, let alone winning, the battle of ideas.

But when political economy was split up into political philosophy and economic science in the late nineteenth century, it opened up what the philosopher Michael Sandel has called a ‘moral vacancy’ at the heart of public policymaking. Today economists and politicians debate with confident ease in the name of economic efficiency, productivity and growth—as if those values were self-explanatory—while hesitating to speak of justice, fairness and rights. Talking about values and goals is a lost art waiting to be revived.

I love that.

And the example of healthcare I think is exactly right. Everything is a business—that’s unavoidable. It isn’t even a bad thing. Lose money and you won’t be in business very long. But not all businesses need to be organized with the primary purpose of optimizing productivity and growth.

Good patient care is inefficient. Talking to people—understanding their perspective and helping them become active participants in their health—takes time. A patient visit was never meant to be an assembly-line 15-minute med check.

It’s not that we should applaud or celebrate inefficiency. There is plenty of waste to trim in any enterprise. It’s that these ideas—efficiency, productivity, and growth—should be tools to achieve meaningful ends, not the primary endpoint. Measure what matters.

And if some of that extra “value” makes it to the actual workers? Much of our economy is predicated on individuals misallocating their income away from savings and away from optimizing their time:

As economist Tim Jackson deftly put it, we are ‘persuaded to spend money we don’t have on things we don’t need to make impressions that won’t last on people we don’t care about’.

ABR & Guessing the Cost of a Lawsuit

10.01.20 // Radiology

All non-profits have to file a Form 990 with the IRS detailing their finances. The ABR’s 990 says “THE BYLAWS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS ARE AVAILABLE UPON REQUEST.” I’ve already read and discussed the bylaws, but I thought I’d ask for the financial statements. Two emails went unanswered, but after I asked publically on Twitter I got a polite and professional email within a day.

Unfortunately, the statement I received was a broad profit and loss statement even less detailed than the 990. I’m not going to lie, I was really hoping they would send me something more granular that would further break down categories like travel to get a feel for how the ABR really operates. Travel expenses would likely include paying for coach airfare for volunteers to come together for question writing committees and the magical Angoff process, but they might also contain expenses related to annual getaways to Hawaii for the board. I don’t begrudge a working vacation, but big categories undeniably make it difficult to evaluate financial stewardship. Trolls on the internet talk a lot of smack about the ABR’s supposed largesse, but all we’ve really seen is a generous chief executive salary, a large pile of money in reserve, and some broad expense categories that I’d love to drill down. Large boxes hide their contents.

But since we can’t break down the big boxes, we may never know details the radiology community is interested in seeing. One recent example would be, how much is the ABR paying to fight off that class-action lawsuit?

The best we can do is a wild guess because all “legal” expenses are a single category in the ABR’s publically available tax documents (most recent filings are available on Guidestar).

Legal fees according to ABR Form 990:
2011: $57,280
2012: $70,811
2013: $78,271
2014: $114,563
2015: $44,776
2016: $48,703
2017: $45,439
2018: $25,294
2019: $119,445

We can see that earlier in the last decade, the fees were all over the place but mostly in the high five figures with exception of 2014. We then had several years in a row of lower numbers, primarily in the $40k range.

The initial complaint in the class action ABR lawsuit was filed on February 26, 2019, and the case is still ongoing.

The reported legal fees in 2019 were $119,445.

The average of the preceding 4 years prior to 2019 was $41,051.

If the costs of the lawsuit were responsible for the difference, that would be approximately $80k to fight the lawsuit in 2019 over 10 months. Is all that excess actually the lawsuit? Who knows; I don’t think they were sued in 2014 and that was a pricey year as well. Some likely additional one-time fees that I can think of like trying to deal with the legalese debacle of the ABR agreement earlier this year won’t appear until the 2020 Form 990 that will be filed next year. But we definitely have an upper bound.

The ABR’s legal counsel has filed three motions dated 6/27/2019 (54 pages), 03/13/20 (54 pages), and 07/21/20 (26 pages). It would seem likely that the overall cost will be at least double the 2019 amount if not substantially more. Just extrapolating on page count would put the estimate at $200k so far (though I would venture the research for the initial motion to dismiss would have taken longer and cost more).

While the case seems destined for dismissal, certainly an actual trial would increase costs exponentially. These lawyers presumably don’t charge for value like radiologists; they charge for time.

In 2019, there were (according to the ABR) approximately 31,200 diplomates paying for MOC (the very thing the lawsuit is about). Our very broad completely unscientific estimate would therefore suggest that each MOC-compliant radiologist, through their annual fee, paid about $2.50 in 2019 against their own interests (depending on whose side you take), which is less than 1% of their dues and which is, if we’re being honest, a trivial sum.

If the judge dismisses the current amended complaint and the case is subsequently dropped without further back and forth, then a non-grandfathered MOC-radiologist might expect to have contributed the equivalent of a beverage of indeterminate size and composition to support the ABR’s hegemony.

Anger and Outrage: Features, Not Bugs

09.29.20 // Miscellany, Reading

From Cal Newport’s Digital Minimalism: Choosing a Focused Life in a Noisy World:

The techno-philosopher Jaron Lanier convincingly argues that the primacy of anger and outrage online is, in some sense, an unavoidable feature of the medium: In an open marketplace for attention, darker emotions attract more eyeballs than positive and constructive thoughts. For heavy internet users, repeated interaction with this darkness can become a source of draining negativity—a steep price that many don’t even realize they’re paying to support their compulsive connectivity.

Encountering this distressing collection of concerns—from the exhausting and addictive overuse of these tools, to their ability to reduce autonomy, decrease happiness, stoke darker instincts, and distract from more valuable activities—opened my eyes to the fraught relationship so many now maintain with the technologies that dominate our culture. It provided me, in other words, a much better understanding of what Andrew Sullivan meant when he lamented: “I used to be a human being.”

Doomscrolling is so insidiously toxic.

I am not a heavy social media user. I mainly use Twitter to make sure I interact with readers who use that medium and to share my newest articles. Since 2009, my main use of Twitter has been to publish other people’s tiny stories in Nanoism, an admittedly bizarre hobby and a largely one-way broadcast (@nanoism). I actively dislike Facebook.

And yet.

Sometimes I find myself scrolling and scrolling, clicking on a shared link to another depressing rantorial and then reading the awful comments from strangers on the internet who didn’t read the actual article acting out their respective caricatures. It all makes me wonder if humans are actually the creatures of morality and reason as argued by some philosophers. For most internet platforms, anger and outrage are features. Yelling at strangers on the internet is gold for companies that serve you targeted ads and profit from your attention. Everything is tailored for engagement.

One app I desperately needed when I was a student is Freedom, a service that allows you to block certain activities either on-demand or on a schedule. It would have saved me from a lot of my old internet demons. I should probably even turn it on more now, but I’m usually in a better place these days. Having young kids to soak up my time and attention has helped me hone my focus.

But Newport takes it a step further, and I think he’s right. It’s not enough to try to limit the damage of new technology or platforms on your life:

I’ve become convinced that what you need instead is a full-fledged philosophy of technology use, rooted in your deep values, that provides clear answers to the questions of what tools you should use and how you should use them and, equally important, enables you to confidently ignore everything else.

Many finance gurus talk about the need for all of us to have “Investor Policy Statements” or a “Written Financial Plan.” The reason being that if you don’t articulate a specific position, you may react inappropriately to the vagaries of life in a way that is counter to your goals. The plan keeps you honest and helps you deal with anxiety.

It makes sense to plot out “use criteria” so that you know if you should be incorporating the newest social media service that comes along and not just reactively picking something up because it’s popular.

Likewise, it makes even more sense to look critically at your use and see where the utility lies. You may not want to delete your Facebook profile or remove Instagram from your phone. Fine, right? But what—specifically—about using those services makes you happy, and what makes you angry, hurt, or jealous? And, knowing that, how can you structure some rules for engagement that can help you get what you want from the platform instead of letting it became just another automatic behavior?

 

Good ideas need to outlive the old guard

09.25.20 // Miscellany

Nobel-prize winning physicist Max Planck argued in his autobiography that change takes time because good ideas need enough staying power to outlive their detractors:

A new scientific truth does not triumph by convincing its opponents and making them see the light, but rather because its opponents eventually die and a new generation grows up that is familiar with it…An important scientific innovation rarely makes its way by gradually winning over and converting its opponents: it rarely happens that Saul becomes Paul. What does happen is that its opponents gradually die out, and that the growing generation is familiarized with the ideas from the beginning: another instance of the fact that the future lies with the youth.

Clearly not always true, but it’s so broadly applicable a principle that it’s worth adding to your library of mental models.

Frozen Meat: A New Standard for COVID-19 Research

09.23.20 // Miscellany

As a physician, I mostly read medical journals. I also occasionally read economics and psychology literature, usually because they are frequently cited in popular books for laypersons.

But I don’t normally read business or communications literature.

That is until I saw this paper about frozen meat company Steak-umm’s surprisingly awesome Twitter account:

I haven't actually read this, but I can tell from the title it's better than most of the COVID-19 preprints I've seen in medical journals. https://t.co/ScgobNBfGn

— Ben White, MD (@benwhitemd) September 18, 2020

The title of the paper is too good to ignore. Anytime you can employ the phrase “frozen meat” in a way that only might be ironic is a communications victory from my perspective.

To give you an example of what the content Steak-umm generated to become worthy of intense positive scrutiny:

friendly reminder in times of uncertainty and misinformation: anecdotes are not data. (good) data is carefully measured and collected information based on a range of subject-dependent factors, including, but not limited to, controlled variables, meta-analysis, and randomization

— Steak-umm (@steak_umm) April 7, 2020

and then…

we're a frozen meat brand posting ads inevitably made to misdirect people and generate sales, so this is peak irony, but hey we live in a society so please make informed decisions to the best of your ability and don't let anecdotes dictate your worldview ok

steak-umm bless

— Steak-umm (@steak_umm) April 7, 2020

From “Frozen Meat Against COVID-19 Misinformation: An Analysis of Steak-Umm and Positive Expectancy Violations“:

To examine another possible factor contributing to the success of Steakumm’s response to the pandemic, we analyze the case through the lens of expectancy violations theory (Burgoon & Jones, 1976), which predicts how individuals will respond when others communicate in unexpected ways. Although expectancy violations can be positive or negative depending on the situation, research has shown that positive expectancy violations resulting in positive communication appraisals and outcomes can happen when publics are pleasantly surprised by an entity’s communication (e.g., Yim, 2019).

Sometimes beautiful, sometimes terrible—but it’s always an interesting world we live in.

RBG on Writing

09.21.20 // Writing

Former two-time law clerk for Ruth Bader Ginsburg, David Post:

Most of what I know about writing I learned from her. The rules are actually pretty simple: Every word matters. Don’t make the simple complicated, make the complicated as simple as it can be (but not simpler!). You’re not finished when you can’t think of anything more to add to your document; you’re finished when you can’t think of anything more that you can remove from it. She enforced these principles with a combination of a ferocious—almost a terrifying—editorial pen, and enough judicious praise sprinkled about to let you know that she was appreciating your efforts, if not always your end-product. And one more rule: While you’re at it, make it sing. At least a little; legal prose is not epic poetry or the stuff of operatic librettos, but a well-crafted paragraph can help carry the reader along, and is always a thing of real beauty.

Even paraphrased, that’s a satisfying approach.

When Ginsburg was in law school, she was passed over for clerkships literally just because she was a woman. Later she became one of the most influential justices on the supreme court while consistently applying the principles of equality and fairness to her jurisprudence.

American law didn’t just change during her lifetime, she helped make those changes.

What a legacy.

Considerations for Your First Job in Radiology

09.17.20 // Radiology

The majority of radiology trainees will take jobs in private practice, but whether academics or PP, there are still a lot of details that will significantly change what your job is actually like and what you should consider in choosing.

This post is very long (~3600 words), but I don’t feel like trying to publish it as a 10-part-series for more clicks. Refill your coffee or tea and let’s go.

 

Practice Setting

I’ve written previously about the differences between private practice and academic radiology, and I still largely agree with myself and that think post is worth reading. Go ahead, I’ll wait.

Private Equity

I don’t really want to get into this topic too much here. PE firms like to gobble up practices in a tight geographic area such that they can achieve local market dominance and then negotiate for higher reimbursement. Local monopolies are a business model. However, the easiest way for them to make money for their investors after a leveraged buy-out is by hiring more young people fresh out of residency for whom any attending salary seems high and using that relatively cheap labor to replace the older higher-paid partners that will soon be retiring on the cash (and potentially stock) from the buyout in a few years when everything vests.

If you need to live somewhere and that’s the shop in town, so be it. It’s not as though there aren’t bad groups that aren’t owned by private equity.

But on the whole, I think doctors do better for themselves and their patients when their personal and practice interests align. While you may have a limited voice as an individual radiologist working in a large group, an independent practice itself can choose its priorities and how those align for optimal patient care. A third-party middle man dictating how much, how hard, and how fast you work over the long term is ultimately dictating how you practice medicine. I don’t think that’s good for our profession.

If you’re interviewing at an independent group, I would absolutely discuss the issue of a practice sale with them and see how they respond. Being in the work-up during a buyout is frequently a crappy situation to be in, where you’ve put in sweat equity only to have the benefit rug pulled out from underneath.

PE firms got a lot of bad rap in the news recently for things like surprise billing, and there’s an excellent reason for that. It’s because they deserve it.

[For further reading, I subsequently published a dedicated essay on private equity in medicine that you might enjoy]

Nighthawk & Teleradiology

Strict teleradiology is overall probably not an ideal first job after training. Being alone (and often production-based) fresh out of fellowship could be pretty lonely, disorienting, and stressful.

Night gigs are tough. Burnout is high and most people can’t maintain it for more than a few years. I’ve heard it can sometimes be hard to land a normal day job for some folks after a period of tele nights, and many groups treat their internal nighthawks as sort of second-class citizens. Typically the schedule and pay are good on paper, often 1 week on 1 week off (sometimes 1-on 2-off, which sounds much more sustainable), but it’s not uncommon for nighthawks to be strictly non-partnership-track employees with no avenue to transitioning to day work when you’re burnt. If you’re considering an internal nighthawk job, I would try to find a group that will work with you on these key details.

My group for example has a three-week rotation for our night radiologists where they work one week of days, one week of nights, and one week off. This way they’re part of the group and also do some regular work with other humans during normal human hours.

That said, there are people from whom this lifestyle is a perfect fit. If this is your plan you need to exhaust all of the options because not all remote work is created equal
(including both local group coverage and actual teleradiology companies). The case-mix and RVUs of an average shift vary widely. An 8-hour shift reading 60 RVUs is a completely different gig than 10-hour 100 RVU churns, even if you’re working 1-on-1-off.

Location

Many residents/fellows will take a job locally, which likely reflects a combination of inertia and true preference. These sorts of opportunities are more straightforward to find and feel out. When groups are hiring, they typically reach out to local programs and will often be able to vet you through their personal contacts (even if those aren’t the people you’ve listed as your references). For your benefit, you’ll likely know (or can be put in contact with) former residents working at these groups that can give you the low down. Interviews won’t require travel. The whole thing will hopefully be pretty straightforward.

Finding nonlocal jobs may require a bit more work to suss out good opportunities. Some but not all positions will be posted on the ACR Career Center. Consider joining the American Radiologists Facebook group (and probably RadChicks for female rads), where openings also sometimes appear (and where you can query the hive [even anonymously] with job-related questions). I grabbed a body imager for our group via Facebook last year. This is the world we live in.

For better or worse, COVID means that a lot of groups are interviewing virtually. If you know what you want (say you really want to be a certain location and only one group is hiring), then this will at least be convenient, but overall I think it makes things harder in terms of assessing fit on both ends. Regardless of interview modality, you need to find some junior people in the group who have been there 0-2 years (or someone who just made partner if applicable) to talk with. Hopefully, that’ll be part of the interview process but these folks will provide you with an important perspective. Ask questions.

Procedures

It is increasingly common in large cities with hyper-consolidated markets for IR to do basically all body IR and vascular IR procedures. Even in the common situation where others (such as a neuroradiologist) may perform inpatient lumbar punctures and myelograms during the day, it is not uncommon for any after-hours LPs to also go the way of the interventionalist. Smaller groups may still have general radiologists who perform a variety of nonvascular interventions like abscess drainages, and it’s still very common for groups to need the random rad on-site at various imaging centers to take care of the usual bevy of LPs, myelograms, arthrograms, and joint injections that may be scheduled there. But it’s also common for centers to schedule specific exam types on the days where the relevant subspecialists are covering or to only schedule certain types of procedures at specific centers. Most groups that need such coverage will ask you if you’re comfortable doing the things they need you to do. (If you’re not and you want to work there, the answer is that you’re happy to (re)learn).

Many academic groups also split procedures up by subspecialty such that a neuroradiology fellow would likely perform more spine biopsies and injections during training than they ever would once out in practice, where this may be handled by either interventional or neuro-interventional radiologists. Where I trained, for example, every division handled their own procedures, with the exception of lung biopsies, which switched from chest to IR during my first year in my residency. The bottom line is, it varies. And while this is subject to change, you should at least be aware of your comfort level and interests and the expectations of any group you look at.

For example, my fellowship was relatively procedure heavy, and I could easily be credentialed in the full gamut of spine interventions and pain injections, but in my actual practice, I do LPs, myelograms, GI/GU fluoroscopy, arthrograms, and joint injections. Meanwhile, our mammo is 100% performed by breast radiologists (whereas some places want everyone to do some breast imaging).

The broader your skill set, the more marketable you will be in general because different practices have different needs. But in real life, your practice may or may not be considerably more narrow. There’s also a decent chance that your first job won’t work out for one reason or another, so you could easily find yourself in a different situation doing some CME course and watching YouTube trying to brush up on skills you let atrophy. I once knew a 100% subspecialized academic MSK-radiologist who after like 7 years of practice transitioned to a nighthawk ER job to be able to spend more time with her kids. These things happen.

Salary & Vacation

Depending on any geographical constraints you may have, the details of group logistics may be moot. If you need to work in a certain city and there are three major groups of which only one is hiring in your subspecialty, then you will likely take a trap regardless of the size of the buy-in or if you think the call is equitable for people in the work-up.

Even more than salary, vacation is often the biggest measurable difference between academic practices and most private groups. Somewhere in the range of 8 to 12 weeks off is not uncommon in radiology private practice with less “desirable” locales sometimes offering even more (I’ve seen as high as 20 weeks at least several years ago, which is bonkers).

Large metros have seen a lot of consolidation over the past decade, and there are generally very few small groups left. The smaller groups where everyone practices as a complete generalist and does all the “light IR” are much more common in smaller cities and rural areas. Likewise, the consolidation and competition for imaging contracts have also pushed salaries down in big metros. You’re generally going to make more money with more vacation in a non-premier location within a region as well as in certain regions of the country more than others (e.g. midwest > coasts).

Your employee pay will definitely vary, but in many cases, it’s really the partner reimbursement where you’ll typically see the greatest spread. Whenever you evaluate money, make sure to include 401k profit-sharing contributions, group contributions to a health savings account (HSA) for high-deductible health plans, and other such non-salary compensation. These add up and can make a huge difference.

Partnership

In private practice, partnership is a big deal and you need to evaluate exactly what partnership means in your group, how long it takes to get there, and what buy-in you’ll need once you do. Some groups are completely democratic where all partners have a vote in major issues, all are eligible to serve on the board of directors (if there is one), and all get paid the same amount of money for the same amount of work, have the same amount of vacation etc. Others may have a tiered partnership similar to some law firms, where junior partners basically get a salary increase but senior partners still skim the cream financially and make the decisions. Still others are actually owned by private equity or another corporate entity and a “partnership” may or may not mean very much.

Some older radiologists may tell you that if a partner-track work-up is longer than a year then it’s BS and you should look elsewhere. That is unfortunately not the case in many markets, where you can easily expect tracks as long as 3-years. While the radiology job market is still much better than it was in the mid-teens, competition for hires is I think very unlikely to bring things back to what was common during the golden age of radiology reimbursement.

I also want to make it clear that an employed (non-shareholder track) position is not inherently bad. In some cases, an employed position can be more flexible and not have the same call responsibilities, can be part-time, or sometimes even get paid more (upfront) than a similar partner-track position in the work-up. In other groups, all non-partner employee jobs are the same whether you make partner after the prescribed amount of time or not. It’s absolutely possible to work for a good group as an employee just as it’s possible to be a partner in a crappy group.

If you’re in a group that offers both types of positions and decide to try to switch to partner-track, classically the work-up clock resets. Getting credit for time served is a point very much worth negotiating.

Buy-in

In most radiology practices, employees in the workup are already paying into the practice for the shareholders via sweat equity: you make less (and often have less vacation) than a partner for a period of time, and the group makes money off of you by paying you less than you bring in via production. Buying actual “shares” in the practice is usually on top of that, and the buy-in sum depends on the assets at stake. In a group without real estate/imaging centers, your buy-in is essentially for accounts receivable (the amount of money the group has earned/charged but hasn’t yet received). An AR buy-in will depend on the size of the group but should typically be in the five-figure range. A six-figure buy-in should start containing something more substantial.

The buy-in cost can often be financed by the group itself so that part of your new higher partner salary goes toward paying for the buy-in. In this case, your income bump will be attenuated for a while after you make partner.

If the buy-in is super high but the group’s assets suck, this is usually a way to get young partners to overpay for their slice of the pie, give the group more cash on hand, and then fund the exit-packages/retirement of the retiring partners when they sell their shares back to the group.

In general, a large democratic group is going to be more likely to have a fair valuation and should always share the numbers they use to derive everything. Theoretically, your buy-in should basically be the value of all the group assets (buildings, scanners, etc) divided by the number of partners (or the number of total shares multiplied by the number of shares you purchase when you become a partner). There shouldn’t be secrets. If the number makes you uneasy or you think the valuation of the assets looks too high, have someone evaluate the deal. You don’t want to be paying luxury car prices for a used Ford Pinto. And, at least to me, shady accounting is a red flag.

That said, your true “buy-in” isn’t just the lump sum you pay when you become a partner but is the combination of that and the difference in salary and vacation during the workup period. This can actually be hard to really define since partners are usually paid in a combination of salary, potentially “call pay” for working evenings and weekends, and profit-sharing. Suffice to say that employees are good for the group’s bottom line.

Going Part-time

One potentially important consideration that people often don’t discuss is how the group handles part-time work. Some groups allow partners to go down to 80% or sometimes as low as 50% time while still maintaining partnership status (you typically pay back your portion of the salary and benefits as a fraction of the full-time equivalent total). In these cases, it’s possible to continue making the same amount (or more) than you did as an employee while working considerably less.

Other groups don’t, which means that if you make the choice to roll back your hours in the future, you may need to do so as an employee of the group instead of a shareholder, typically a big hit to your reimbursement even on a pro-rated per-hour basis. In some cases you might also get less vacation than you did as a partner, negating some of the benefits of going part-time in the first place.

For reasons I don’t fully agree with, many groups are optimized for partner income and not set up to account for lifestyle flexibility. If you think you might want to work part-time at some point in the relatively near future, choosing a group that does not meaningfully allow for this may be a mistake.

Timing & Interviews

Try to interview at 3 or 4 places to be able to compare possibilities and make an informed decision. Know that it’s very common for a group to request an answer to a formal offer ridiculously quickly. At one group I was given a response deadline of 6 days! So know that you’ll need to cluster interviews if possible. You also just need to be honest with groups. If you have another interview the following week and you get an offer that’s asking for an immediate response, be gracious, thank them, and ask for more time. Don’t get muscled.

In recent years at least, lots of folks have started looking for jobs in the summer as fellowships started and had locked in jobs by early fall. While good positions may open up later, don’t wait to start looking.

As for the interview itself, you’ve done this a few times now. The same rules apply. In a large group, you may do most of your upfront communication and coordination with a practice administrator or even a dedicated practice recruiter. You know, be nice. If you’re interviewing somewhere academic, you’ll be giving a resident lecture, so prepare one that doesn’t suck.

Contracts & Negotiation

Offers will often come in three stages:

  1. Verbal
  2. Letter of Intent or Letter of Understanding
  3. Contract or Employment Agreement

Verbal agreements are supposed to count, but memory is imperfect. Get everything important to you written down.

The Letter of Intent is a short binding contract, often 1-2 pages, that in many cases is the only document that actually specifies the core details of your job, such as your salary, vacation, section/division, and often (current but subject to change) call responsibilities. Make sure everything important is in there before you sign it. If you want something spelled out in writing, in many cases it will actually make more sense for it to show up in a Letter of Understanding than it would in the formal Employment Agreement (which will often reference the Letter).

In many radiology practices, the Employment Agreement is standard across the group and will be the one document of the three that’s written in legalese. It typically details boring important things like how the group handles non-competes (aka “restrictive covenants”), grounds for termination, intellectual property, malpractice insurance, etc. You need to understand this material, and if you don’t, you need to hire someone who can translate.

As a practical matter, there often isn’t a lot of wiggle room on the main numbers for a large radiology group as compared with what your clinician colleagues often deal with. Salary and vacation are typically standard. Buy-in will also be set at the time of signing. Even most of the paperwork details like non-competes are often going to be universal to the group and therefore completely non-negotiable. If every partner has agreed to something, you’re probably not going to get out of it. A one-time signing bonus, however, will often have some wiggle room, especially if you’re coming from somewhere far away and could use extra help with moving expenses.

If you have intellectual property or plan to develop any, please be careful how that topic is described in your employment agreement. Academic centers, for example, particularly love to include heavy-handed language that they own everything and anything you come up with while employed, even when you do so outside of work hours. Likewise, while you may or may not be able to change a non-compete (and the group may or may not actually try to enforce it), the exact language will define how limiting it can be. Is a 5-mile radius defined from the group headquarters, from the main hospital(s) you read for, or from any imaging center you contract with? Because the latter will typically end up excluding the whole city.

I would argue the most important thing that you can negotiate is the makeup of your clinical duties. What fraction will you practice in your subspecialty? What procedures will you perform? Which hospitals and imaging centers will you cover? Will you read breast? If there is more than one divisional call-pool, which one(s) will you be in? Do you have to work nights? What’s the evening/swing shift and weekend burden? What fraction if any can be done from home? If there’s internal moonlighting, what types will be available to you?

To be clear, some or all of these types of details may be part of the job offering itself or equitable across the group, but I would venture that most people fixate on measurable things like salary size when comparing jobs and not nearly enough time evaluating the actual job.

There is no job in radiology that is so poorly paid that you can’t make a good living, but there are jobs so miserable that you can’t enjoy your life.

Again, while many details may not be meaningfully negotiable, these sorts of clinical parameters are worth discussing and feeling out. Don’t assume. Likewise, if you get promised something, get it in writing. You don’t want to be told you don’t have to cover some remote outlying hospital only to get assigned there the moment you show up. Your call responsibilities are likely subject to change, for example, but one thing to consider asking about is some type of credit if your call frequency is defined in your contract but subsequently increases beyond the original threshold. Wouldn’t it be nice if working an extra day at least moved up your partnership date?

([affiliate stuff] If you’re in the market for physician contract review and negotiation help, check out Contract Diagnostics. If you’re mainly interested in comparative compensation data, consider CompensationRx, which is a cheap way to get access to the MGMA info for your practice type and location [in addition to their proprietary internal data].)

Conclusion

Good luck.

Ask questions.

I’ve had friends whose groups have been bought out by PE firms, and I’ve had friends who have then rapidly left those jobs and others who have stuck it out. I’ve had friends who have been blindsided and not offered partnership in their groups, and I’ve had friends who didn’t wait long enough to find out because they didn’t like how radiology was being practiced.

If you find yourself in a position you truly don’t like, the prospect of more money in the future is unlikely to make that job suddenly tolerable. Your most valuable asset is your time, so don’t waste it doing something you hate.

 

 

Attention is a Gift

09.14.20 // Reading

From the highly readable Nobody Wants to Read Your Sh*t by Steven Pressfield:

You begin to understand that writing/reading is, above all, a transaction. The reader donates his time and attention, which are supremely valuable commodities. In return, you the writer must give him something worthy of his gift to you. When you understand that nobody wants to read your shit, you develop empathy.

Dear reader, I feel for you. Thanks as always.

Regarding persuasive nonfiction:

Here’s the wrong way:
1) Introduce the thesis (first three chapters).
2) Cite examples supporting the thesis (next hundred chapters).
3) Recap and sum up what you’ve presented so far (last five chapters).

In other words, “Tell ‘em what you’re gonna tell ‘em, tell ‘em, then tell ‘em what you’ve just told ‘em.”

This is salient advice, and it perfectly explains why every time I read self-help or one of these pop-psych “here’s how things really work” books it feels like the whole thing should have been a blog post or two.

 

What’s healthcare’s sideways threat?

09.06.20 // Medicine

It’s the “sideways threats” that bite companies, he said. “If you think of Kodak and Fuji, competing in film for 100 years, but then ultimately it turns out to be Instagram.”

– Reed Hastings, CEO of Netflix, interviewed in the NYT.

If medicine is anticipating disruption from AI, everyone is wary of private equity and consolidation, and physicians are frustrated and scared about losing their market dominance to midlevel providers, what are the sideways threats for healthcare?

Or is it still all of those things, just to those stakeholder groups that don’t see them coming?

I for one don’t think clinical fields have fully appreciated the narrow gap between what it takes to fully replace radiology with what it takes to completely and fundamentally change just about everything else.

Updates in the ABR Lawsuit

09.03.20 // Radiology

The back and forth continues. You can see the duel laid out on the lawsuit’s website, but they’re now up to 9 filings, most recently on August 12, when the plaintiff added their “Sur-Reply in Opposition to Motion to Dismiss” (which is an additional response to specific arguments made by the American Board of Radiology in their second motion to dismiss which itself was a response to the plaintiff’s amended complaint after the initial complaint was dismissed).

For those just tuning in, the plaintiff’s main thrust has been to argue that the ABR has abused an illegal monopoly by using their complete market dominance in essentially mandatory (initial) board certification to then force all radiologists to continue paying for the “separate product” of maintenance of certification forever. The ABR has argued that MOC is just part of certification now and is not a separate product, even if it wasn’t before and hasn’t been for the majority of the ABR’s history since its founding almost a century ago.

You don’t have to read much to see why the legal system is terrible, lawsuits take forever, and lawyers make a lot of money. The initial lawsuit was filed in February 2019. The amended complaint was filed in January 2020. And this is all quite possibly going to be thrown out by the judge again without even a hint of a trial after at least two years of the ABR burning through our certification fees to preserve its (new) status quo.

One excerpt from the end of this recent back and forth.

ABR:

If Plaintiff’s conclusion were true, hospitals and other medical organizations would not require certification (which includes MOC) to the degree alleged by Plaintiff. Competing entities would be permitted to offer substandard CPD products at bargain prices, and ABR would be powerless to control the integrity of its certification.

Of course, most hospital credentialing specifically does not include MOC, and such a requirement is even illegal in some states. It’s only “required” in the sense that the ABMS boards are now saying they’ll revoke certification from those who have earned it if they don’t keep paying their annual tithe.

Response:

There is nothing [in the motion] about “substandard CPD products,” “bargain prices,” or “the integrity of [ABR’s] certifications.” While ABR may assert its illegal tying is a justified attempt to preserve the undefined “integrity of its certifications,” that inherently fact-driven affirmative defense relies on facts outside the pleadings, is inappropriate on a motion to dismiss, and is contradicted by Plaintiffs’ well-pleaded allegations that MOC does not benefit physicians, patients, or the public, or improve patient outcomes. For example, ABR does not contend ABR certified radiologists failed to satisfy the “integrity” of certifications before MOC; that the “integrity” of certifications was in decline before MOC; that making MOC mandatory protects the “integrity” of certifications; or that hospitals, patients, and insurance companies had less “trust” in certifications before MOC was made mandatory.

Plaintiff seeks only to break up the captive market ABR has created for MOC by tying it to certifications. Eliminating the illegal tie and making MOC voluntary as promised previously by ABR will allow the marketplace to decide the merits of MOC, as the antitrust laws require.

Presumably, the judge will weigh in again in the coming months. His initial response was to grant the ABR’s initial motion to dismiss.

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