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The Legal Pitfalls of Telemedicine

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Our firm represents healthcare providers nationwide who are facing federal investigations into their telemedicine practices. The following is a brief summary of the legal risks associated with telehealth and telemedicine practice under United States federal law. If you are a physician or other healthcare provider and would like to learn more about how these risks apply to your particular practice – or if your practice is under investigation – you should contact one of our experienced defense attorneys and former federal healthcare prosecutors as soon as possible for a free and confidential consultation.

Common Scenarios Leading to Telemedicine Investigations

In many of the cases that our attorneys have handled, both young doctors fresh out of medical school and seasoned physicians seeking a source of ancillary income have been approached by marketing companies offering access to patients in need of telemedicine services. Unfortunately, like most doctors, our clients simply were not aware that U.S. law imposes strict guidelines and restrictions on the practice of telemedicine. As a result, they ended up facing federal investigations for violations including, but not limited to:

  • Providing telemedicine consultations to patients in states where they are not licensed to practice medicine (e.g., a doctor in New York consulting with a patient in New Jersey);
  • Prescribing compound pharmacy products in violation of both state and federal laws;
  • Violating the mandatory procedural requirements for practicing telemedicine;
  • Prescription abuse;
  • Paying illegal remuneration (kickbacks) to marketing groups; and
  • Billing Medicare, Tricare, Medicaid, and the Department of Labor for telemedicine services.

What Happens in a Telemedicine Investigation?

Most often, physicians and other healthcare providers learn that they may have violated the law when either: (i) agents from the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA) show up at their door; or, (ii) they receive a subpoena issued by the Office of Inspector General (OIG) or the Department of Justice (DOJ). In both scenarios, it is critical to immediately contact an experienced healthcare fraud defense attorney who can help you avoid criminal charges. In many cases, when we have been able to get involved early, we have been able to save our clients from becoming targets and being named as defendants in federal indictments for criminal healthcare conspiracies.

Who We Are

Oberheiden, P.C. is a healthcare fraud defense law firm. Our attorneys are among the most sought-after healthcare defense lawyers in the nation when it comes to helping physicians and healthcare executives with questions about telemedicine and other healthcare fraud-related matters. Our team includes former senior officials from the Department of Justice and attorneys with a proven track record of successfully representing clients in telemedicine investigations. Learn more about our experienced attorneys:

Contact One of Our Attorneys for a Free, Confidential Consultation Today

If you are practicing telemedicine and want to make sure that you are not breaking the law, or if you are currently the subject of an investigation, you should speak with our former Department of Justice healthcare prosecutors and experienced healthcare fraud defense attorneys to find out how to protect yourself. Call us at (800) 701-7249 or submit our confidential request form to speak directly with one of our attorneys for free today.

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden, P.C. is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.
Orange County 714-294-2000
Los Angeles 310-873-8140
Detroit 313-888-8807
Nationwide 888-452-2503