The non compete agreement Is part of a contract between an employer and an employee. I think it’s more likely that the non compete clause was in the contract with CC and not with NY-Presbyterian, to discourage Shen from leaving CC for another job. A reasonable guess is that Shen was offered enough money by NY Presbyterian that he wasn’t sufficiently discouraged by the non compete.
I have seen the agreement in employment contracts signed by attorneys and I see no reason why a doctor could not be required to sign one as a condition of employment. It CC made him sign one as a condition of his employment, they would have to agree to waive the provision and maybe they don’t want to. Maybe they don’t want other hospitals raiding their patient base and traveling elsewhere. It’s a hospital that caters to medical tourists so this isn’t really any surprise to me. Mayo Clinic may do the same thing with their top gun medical experts.
If you don’t like it hire an attorney to write a letter and ask CC to waive it. I wouldn’t hold your breath waiting on an affirmative response.