Texas Telemedicine Attorney

Telemedicine Legal Guidance for Providers in Texas

Providing telemedicine services involves more than just video calls with patients. There are rules about licensure, billing, record-keeping, and privacy that can be confusing and constantly changing. We help physicians, clinics, and healthcare businesses understand these rules and take steps to stay in compliance. From contracts to technology agreements, we review every aspect of a telemedicine program to reduce risk and ensure that providers meet all legal requirements.

We also work with practices to address common questions such as:

• How do I set up a telemedicine practice in Texas?
• What permissions and consents are needed before offering services?
• How do I bill for virtual visits properly?
• How can I protect patient information and comply with HIPAA?
• What steps are required to avoid fraud allegations related to telehealth services?

By reviewing your policies and procedures and providing guidance on the laws that apply to your practice, we help you focus on patient care rather than worrying about regulatory issues.

Setting Up a Telemedicine Practice in Texas

Starting a telemedicine program can be complex. Providers need to consider multiple factors to make sure their practice meets Texas and federal rules. Some of the main areas include:

Licensure Across State Lines

Providers must follow the rules in the state where the patient receives care. This means confirming licensure requirements, insurance coverage, and payer policies before treating patients outside of Texas. Our legal team can review these requirements and help create a framework that ensures your practice follows the law while serving patients across state lines.

Reimbursement and Billing

Telemedicine rules and reimbursement policies are constantly changing. We help practices understand how to bill for services, which codes to use, and how to track patient visits in a way that meets state and federal requirements. Proper documentation and billing practices help avoid denied claims or investigations into billing errors.

Documentation and Record-Keeping

Maintaining clear records is critical in telemedicine. Documentation must show the duration and content of each visit, coding details, and any prescribed treatments or medications. We advise on record-keeping practices that meet state guidelines, payer requirements, and federal privacy standards.

Privacy and Security

Protecting patient data is a key part of telemedicine compliance. Our guidance includes privacy policies, HIPAA compliance, and secure use of technology platforms. We also assist with agreements involving telehealth software providers, data sharing, and electronic health records.

Fraud and Abuse Prevention

Telemedicine services face growing regulatory scrutiny for potential fraud and abuse. Regulators examine billing practices, prescriptions, and referral arrangements. We help practices reduce risk by developing compliance programs, reviewing contracts, and offering defense strategies if an investigation arises.

Telemedicine Compliance Plans

An effective compliance plan addresses every aspect of a telemedicine program. This includes policies for prescribing medications, protecting patient information, and following federal and state regulations. We work with providers to create a plan that reflects the specific services offered, patient populations served, and locations of care.

A compliance plan may include:

• Protocols for HIPAA and other privacy requirements
• Consent and notice procedures for patients
• Documentation standards for billing and coding
• Internal audits and review procedures
• Risk mitigation strategies for fraud and abuse investigations

Implementing a compliance plan helps reduce legal exposure and protects the practice’s reputation while demonstrating a commitment to following the law.

Understanding Texas Telemedicine Laws

Texas has specific rules for telemedicine that providers must follow to maintain a valid practitioner-patient relationship and safely provide care. These include:

Patient Notices and Consents

Before evaluating or treating patients, providers must give a notice of privacy practices and a copy of the Texas Medical Board complaint notice. Patients must also sign a consent form for telemedicine services.

Practitioner-Patient Relationship

Texas law outlines three approved ways to establish a valid practitioner-patient relationship for telemedicine services. This ensures that remote care meets the same standard as in-person visits.

Prescriptions

Telemedicine providers can prescribe medications under specific rules. Prescriptions must be necessary for the patient’s care and comply with federal and state laws.

Privacy and Security

All telemedicine communications must follow HIPAA rules and other applicable privacy laws. This includes using secure platforms and protecting patient data during virtual visits.

Medicare and Telehealth Guidelines

Medicare has implemented temporary and permanent rules that affect telemedicine reimbursement. While some flexibilities from the COVID-19 public health emergency are expiring, others have been extended through late 2025.

Key considerations for providers include:

• Patient location rules for telehealth reimbursement
• Eligible providers who can bill Medicare for virtual visits
• Services that are reimbursable under telehealth codes
• Behavioral health telehealth requirements, including in-person visit intervals

Providers must also comply with federal regulations regarding controlled substances, including the DEA’s telemedicine exceptions and temporary flexibilities. Following these rules ensures continued access to Medicare reimbursement and avoids regulatory penalties.

Telemedicine vs. Telehealth in Texas

Telemedicine and telehealth are often used interchangeably, but Texas law gives each a specific definition. Telemedicine refers to health services provided by a licensed physician or a healthcare professional acting under the supervision of a physician to a patient at a different location using telecommunications. Telehealth, on the other hand, refers to services delivered by licensed or certified health professionals within their scope of practice to a patient at a different location using technology.

Common Telemedicine Legal Risks

Telemedicine has been a focus of regulators looking for fraud and abuse. Providers face potential audits and investigations if they fail to comply with billing rules, prescriptions, or patient care standards. Common areas of concern include:

• Billing for services not provided or upcoding procedures
• Accepting kickbacks for referrals or recommending specific products
• Duplicate billing to patients and insurance companies
• Misuse of prescriptions or telehealth platforms

We help clients reduce risk by reviewing policies, implementing compliance programs, and representing them in fraud investigations. Early intervention can prevent penalties and protect the practice’s operations.

Telehealth Technology and Contracts

Legal guidance for telehealth is not limited to compliance and fraud prevention. Providers also need to address agreements related to telehealth technology, such as licensing agreements for software and telemedicine platforms, data-sharing arrangements with other providers or healthcare organizations, vendor contracts for remote patient monitoring or video equipment, and intellectual property protection for proprietary telehealth tools. By reviewing and drafting these agreements, we help practices avoid disputes, maintain security, and protect their investments in technology.

Telemedicine for Specialized Practices

Our experience covers a wide range of providers and healthcare businesses, including:

• Physician and nurse practitioner practices
• Home healthcare agencies and clinics
• Hospitals and ambulatory surgery centers
• Dental practices, podiatry, and chiropractic services
• Durable medical equipment companies
• Pharmaceutical distributors and medical marijuana providers
  

We understand the unique compliance, billing, and regulatory challenges in these specialties and provide practical legal guidance to support growth and risk management.

Why Work With Us

Our approach combines legal expertise, practical experience, and an understanding of the healthcare industry. We work with providers from startup practices to established businesses, offering guidance on:

• Telemedicine practice setup and compliance
• Regulatory audits and government investigations
• Contract review and negotiation with payors and vendors
• Policies for patient consent, privacy, and billing
• Risk mitigation for fraud allegations

We help you focus on providing care while reducing exposure to legal and financial risks. Call us at (972) 290-1031 to speak with a Texas telemedicine attorney today.