The Texas Medical Board wants a federal appeals court to consider overturning a lower court’s December decision to allow a case filed against it by telemedicine provider Teladoc.
Such interlocutory appeals—appeals of decisions made at the district court level before the district court has finished considering an entire case— are rarely allowed. Teladoc sued the board in April over a rule that states that before physicians treat patients remotely for the first time, they must either meet with patients in person or treat them face to face via technology while other providers are physically present with those patients. Teladoc alleges the rule violates antitrust laws because it would restrict the company’s ability to compete, resulting in higher prices and less access to doctors for Texans. Experts say the case has potential implications for how medical boards regulate telemedicine across the country.