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Surgeon battles private equity to restore patient care access

July 30, 2024 | Banking, Housing, and Urban Affairs: Senate Committee, Standing Committees - House & Senate, Congressional Hearings Compilation, Legislative, Federal


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Surgeon battles private equity to restore patient care access
Dr. James Toussaint, an orthopedic surgeon at the University of Florida, shared his compelling journey and concerns regarding the impact of private equity on healthcare during a recent government meeting. Born in Haiti and having achieved significant milestones in his medical career, Dr. Toussaint highlighted the challenges faced by physicians in private practice, particularly those related to non-compete agreements.

In his testimony, Dr. Toussaint recounted his experience as one of the few foot and ankle specialists serving a large rural population in Florida. After entering into a purchase agreement with a California-based private equity firm in 2017, he faced unexpected restrictions that limited his ability to practice within a vast area, which he described as a \"non-compete clause.\" This agreement, he noted, was signed under pressure and without full understanding of its implications.

Following the acquisition, Dr. Toussaint observed a decline in morale among staff and an increase in operational costs due to added administrative layers and debt. He expressed disillusionment with the focus on financial metrics over patient care quality, leading him to resign and seek a position in academic medicine. However, the private equity group retaliated with legal threats to prevent his transition, despite a Florida statute that could have voided the non-compete agreement.

Ultimately, after a protracted legal battle, Dr. Toussaint was able to join the university, but not without noting the frustration of patients misled by the private equity group about his departure from practice. He emphasized the detrimental effects of non-compete agreements on patient access and care quality, advocating for a coalition aimed at countering private equity's influence in healthcare.

Dr. Toussaint's testimony underscores the broader implications of private equity in the medical field, raising critical questions about patient care, physician autonomy, and the sustainability of healthcare practices in underserved communities.

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