Vendor Profile

Kwick-Way Relocation Services
By NAPR Headquarters Staff

1.  What does this company do?
We are in the business of relocation and have been a quality service-moving specialist to corporate America for over 40 years.

2.  What is your position there?
I am the Corporate Sales Director and have an extensive background partnering with physician recruiters and other executives within the healthcare field.

3.  What services or products do you provide that would be of interest to physician recruiters?
Kwick-Way is a household goods moving specialist with a unique service strategy proven to reduce costs and enhance the quality level of service throughout the moving process. We understand the high expectations of your relocating executives and have been exceeding those expectations for 40 years. Kwick-Way is the top ranked agency within United Van Lines system of 500+ agents in self-haul percentage and is consistently ranked in the top 10 percent of all agents in claims liability. We provide free estimates and include many value-added services at no cost for NAPR members estimated to be valued at $400-500 per relocation. We provide personalized service throughout the continental United States and internationally through United Van Lines.

4.  Please provide a brief profile about yourself.
Ron Potter is an experienced Corporate Sales Director and has been with Kwick-Way for over 25 years. He has successfully implemented relocation programs with over 50 of the most recognized companies in the healthcare, manufacturing and service industries. Ron is committed to creating a win-win partnership by providing a "hassle-free" environment for you and a "peace of mind" service for your relocating executive.

Please contact Ron Potter, Kwick-Way Relocation Services, at 1-800-223-3552 or email Mindie Light, Customer Service Director, at kwmindie@kwick-way.com. Discover more about Kwick-Way Relocation Services at www.kwick-way.com.

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Tennessee Physician Noncompete Resurrected
(As printed in Legislative Watch; written by Kathleen Ream)

Both houses of the Tennessee General Assembly have introduced legislation that could "restrict an employed physician's right to practice termination or employment of an employment relationship." Bills HB 3536 in the House and SB 3361 in the Senate were filed in mid-February and placed on the respective Health and Human Resources committees for consideration in April.

If passed, the bills would deem certain restrictive covenants between a physician and the employing medical group reasonable under the following:

1. The restriction is set forth in an employment agreement or other written documents signed by the physician and the employing employer.

2. The duration of the restriction is two years or less; and

3. The maximum allowable area of restriction is the greater of the country in which the primary practice is located, or a 10-mile radius site of the physician while employed.

You may recall a ruling last summer by the Tennessee Supreme Court that found physician noncompete provisions unenforceable. In a Tennessee case, the justices found that the Tennessee Legislator provided for noncompete physicians two limited circumstances and with closely prescribed restriction. In general, the court determined that the physicians' covenants not to state.

In limiting the legal protection of agreements between physicians and their employers, the court cited the 1980 American Medical Association physicians' noncompete agreements impact negatively on healthcare and are not in the public interest (AMA Code of Medical Code Ethics) stated that noncompete covenants jeopardize the availability and affordability of medical care, restricting the ability of people to choose their physicians such agreements, said the Tennessee Supreme Court, are bad public policy. Apparently the Tennessee General Assembly thinks otherwise.

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Unsolicited Faxing Could Spell Trouble...
(As printed in the National Law Journal; written by Tom Perrotta)

The Supreme Court overruled the lower court. Overall the higher court stated such claims should be brought forth in small claims court. The high court stated the legislation did not conceive that a private claim under the act could be greater than $75,000.00.

In summation, a person can be subject to treble damages for willfully sending an unsolicited fax. The course of action can be brought in either Federal Court if the jurisdiction requirements are met in state court.

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High Medical Malpractice Costs Trigger Exodus of New Doctors in PA
(As printed in Hospitalist Today)

According to a survey conducted by Michelle M. Mello, associate professor of health, and attorney Carly N. Kelly, three-quarters of Pennsylvania's new doctors plan to leave the state after completeing residency and half of those polled cited the high cost of malpractice insurance as the primary reason for their move.

Published in July's issue of Obstetrics and Gynecology, the 2003 survey gathered 360 responses from residents in their last or next to last year of training in six high-risk fields, including emergency medicine (26%), general surgery (19%), anesthesiology (175), radiology (15%), orthopedics (12%), and obstetrics and gynecology (11%). The study, which was funded by The Pew Charitable Trusts and associated with the Project on Medical Liability in Pennsylvania, indicated that medical resident in high-risk fields were three times more likely to leave the state because of the malpractice environment.

Statistics compiled by the participants' concerns over rising liability costs. In 1985, Pennsylvania ranked 16th out of 50 states in the percentage of physicians under age 35. By 2003, it had fallen to 41. Residency program directors also reported that 53% of their current residents were very concerned about liability costs with 40% somewhat concerned.

The decrease in young doctors may have long-term ramifications for the availability of specialists care in the state, implying an increase in opportunities for many locun tenens physicians. For more information on the study, go to www.medliabilitypa.org.

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Summary of Legal/Illegal Questions You Can/Can't Ask
(As published by the California Department of Fair Employment and Housing)

SUBJECT: NAME
Acceptable: "Have you ever used another name?"/or/"Is any additional information relative to change of name, use of an assumed name, or nickname necessary to enable a check on your work and education record? If yes, please explain.

Unacceptable: Maiden name.

SUBJECT: RESIDENCE
Acceptable: Place of residence.
Unacceptable: Do you own or rent your home?

SUBJECT: AGE
Acceptable: Statement that hire is subject to verification that application meets legal age requirements. "If hired, can you show proof of age?" "Are you over 18 years of age?" "If under 18, can you, after employment, submit a work permit?"

Unacceptable: Age. Birth date. Dates of attendance or completion of elementary or high school. Questions which tend to identify applicants over age 40.

SUBJECT: BIRTHPLACE/CITIZENSHIP
Acceptable: "Can you, after employment, submit verification of your legal right to work in the U.S.?" or statement that such proof may be required after a decision is made to hire the candidate.

Unacceptable: Birthplace of applicant, applicant's parents, spouse, or other relatives "Are you a U.S. citizen? or Citizenship of applicant, applicant's parents, spouse or other relatives. Requirements that applicant produce naturalization, first papers, or alien card prior to a decision to hire.

SUBJECT: NATURAL ORIGIN
Acceptable: Languages applicant reads/speaks/writes, if use of a language other than English is relevant to the job for which applicant is applying.

Unacceptable: Questions as to nationality, lineage, ancestry, natural origin, descent, or parentage of applicant, applicant's parents, or spouse.  "What is your mother tongue?"/or/Language commonly used by applicant. How applicant acquired ability to read, write, or speak a foreign language.

SUBJECT: SEX/MARITAL STATUS/FAMILY
Acceptable: Name and address of parent/guardian if applicant is a minor. Statement of company policy regarding work assignment of employees who are restated.

Unacceptable: Sex. Questions that indicate applicant's marital status. Number and/or ages of children or dependents for childcare. Questions regarding pregnancy, child bearing, or birth control. Name and address of relative, spouse, or children of adult applicant. "With whom do you reside?"or "Do you live with your parents?"

SUBJECT: RACE/COLOR
Unacceptable: Questions as to applicant's race or color. Questions regarding applicant's complexion or color of skin, eyes, hair.

SUBJECT: CREDIT REPORT
Unacceptable: Any report which would indicate information which is otherwise illegal to ask, e.g., marital status, age,  residency, etc.

SUBJECT: PHYSICAL DESCRIPTION/PHOTOGRAPH
Acceptable: Statement that photograph may be required after employment.

Unacceptable: Questions as to applicant's height and weight. Require applicant to affix a photograph to application request applicant, at his or her option, to submit a photograph. Require a photograph after interview but before employment. Video tape interviews.

SUBJECT: PHYSICAL OR MENTAL DISABILITY
Acceptable: Statement by employer that offer may be made contingent on applicant passing job-related physical examination. "Can you perform (specific task)?"

Unacceptable: Questions regarding applicant's general medical condition, state of health, or illnesses. Questions regarding receipt of Workers' Compensation. "Do you have any physical disabilities or handicaps?"

SUBJECT: RELIGION
Acceptable: Statement by employer of regular days, hours, or shifts to be worked.

Unacceptable: Questions regarding applicant's religion. Religious days observed or "Does your religion prevent you from  working weekends or holidays?"

SUBJECT: ARREST/CRIMINAL RECORD
Acceptable: Job-related questions about convictions, except those convictions which have been sealed, expunged, or statutorily eradicated.

Unacceptable: Arrest record/or/ "Have you ever been arrested? (This is a violation of California Labor Code Section 432.7, which is Enforced by the Labor Commissioner.)

SUBJECT: MILITARY SERVICE
Acceptable: Questions regarding relevant skills required during applicant's U.S. military service.

Unacceptable: General questions regarding military services such as dates and types of discharge questions regarding service in a foreign military.

SUBJECT: ORGANIZATIONS/ACTIVITIES
Acceptable: "Please list job related organizations, clubs, professional societies, or other associations to which you belong - you may omit those which indicate your race, religious creed, color, disability, marital status, natural origin, ancestry, sex or age.

Unacceptable: "List all organizations, clubs, societies, and lodges to which you belong."

SUBJECT: REFERENCES
Acceptable: "By whom were you referred for a position here?" Name of persons willing to provide professional and/or character references for applicant.

Unacceptable: Questions of applicant's former employers or acquaintances which elicit information specifying the applicants race, color, religious Creed, national origin, ancestry, physical or mental disability, medical condition, marital status, age or sex.

SUBJECT: NOTICE IN CASE OF EMERGENCY
Acceptable: Name and address of person to be notified in case of an accident or emergency.

Unacceptable: Name, address and relationship of relative to be notified in case of accident or emergency.

Disclaimer: The articles in this NewFlash is for informational purposes only and should not be considered and or used as legal advice.