News & Analysis as of

State Medical Board Sherman Act

Pillsbury Winthrop Shaw Pittman LLP

Can Association Membership Be Tied to Professional Certification?

Talone settlement highlights the continuing risk nonprofit organizations face if they link membership to credentialing. - Antitrust class action targeted American Osteopathic Association’s practice of requiring physicians...more

Mintz

Physician Certification Group Wins Dismissal of Antitrust Suit Brought By Physicians

Mintz on

A physician organization has failed to sufficiently plead that a physician certification group caused an unreasonable restraint of trade through its actions to promulgate its certification program. Last week, a district court...more

Mintz - Health Care Viewpoints

Texas Medical Board’s Appeal Must Proceed Under Existing Jurisdiction Arguments

In another procedural defeat for the Texas Medical Board (the “Board”) over its embattled telemedicine rule, last week, a federal judge held that the Board waited too long to request certification of appeal to the Fifth...more

Mintz - Health Care Viewpoints

Antitrust Suit Continues to Stymie New Texas Telemedicine Regulation

A federal district court denied the Texas Medical Board’s (the Board) motion to dismiss an antitrust suit filed by a telemedicine company (Teladoc), finding that the Board is not entitled to state action immunity because its...more

Faegre Drinker Biddle & Reath LLP

Texas Telemedicine Provider Survives Another Round

Teledoc, a telehealth services provider looking to do business in Texas, continued its winning streak in Texas federal court: on Monday, a judge rejected the Texas Medical Board’s motion to dismiss Teledoc’s antitrust...more

Polsinelli

Health Care and Legal Services Providers Challenge State Regulatory Boards on Heels of SCOTUS State Action Antitrust Immunity...

Polsinelli on

On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State...more

Robinson & Cole LLP

Teladoc successful in thwarting new Texas telemedicine rules

Robinson & Cole LLP on

We previously reported on the new telemedicine regulations adopted by the Texas Medical Board (Board), which requires that patients be seen face-to-face or in person to establish a physician-patient relationship in order to...more

Faegre Drinker Biddle & Reath LLP

Texas Telemedicine Rule Delayed by Antitrust Suit

A Texas Medical Board rule requiring a physician to conduct an in-person evaluation before prescribing certain drugs will not go into effect today, June 3, as originally planned. A federal court granted a preliminary...more

Tucker Arensberg, P.C.

TELADOC Sues Texas Over Telehealth Restraint

Tucker Arensberg, P.C. on

The Texas Medical Board recently adopted a new rule requiring face to face encounters by physicians with patients before prescribing medication. Teladoc has sued the Texas Medical Board in Federal Court alleging restraint of...more

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