According to the Center for Re- sponsive Politics at www.opensecrets
.org, the alliance gave $860,000 last year to three lobbying firms — Squire Patton Boggs, DLA Piper, and Akin Gump — for issues related to health care, Medicare and Medicaid, and telecommunications.
TELEMEDICINE CONTINUES TO GROW Courtney Newton, an administrative law expert at Sharp & Cobos law firm in Austin, says because of the appeals court ruling in favor of Teladoc, TMB may be more reluctant to respond to questions from physicians and health organizations. “The result may be that it takes longer for the board to respond to queries in the future, since any response will have to be reviewed to ensure that it is correct and appro- priately stated,” she said. Ms. Newton says a state agency does not need to initiate a rule for ev- ery question. “However, the agency
does need to be very careful when citing a rule to ensure that they are not going beyond the mere restate- ment of a formally promulgated rule or statute,” she added. In other words, physicians should be expected to fol- low only the plain language of the law. “Because the TMB’s 2011 letter to
Teladoc specifically went beyond the existing language of the rule and ef- fectively changed the text, the hold- ing is that the board went beyond the scope of their rule,” Ms. Newton said. She also noted that TMB sent a
copy of its letter to TMA. “The board wanted the TMA membership made aware of this position,” she said. As medical technology advances,
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fubmortgage.com 48 TEXAS MEDICINE April 2015
Legal articles in Texas Medicine are intended to help physicians understand the law by providing legal information on selected topics. These articles are published with the understanding that TMA is not engaged in providing legal advice. This is not a substitute for the advice of an attorney. When dealing with specific legal matters, readers should seek assistance from their attorneys.
the board likely will continue to seek stakeholder input on existing rules and the impact on patient care in Texas, says TMA Vice President and General Counsel Rocky Wilcox. According to an October 2014 memo from TMB, the board held a stakeholder meeting on Oct. 31, 2014, to discuss another expansion of the board’s rules on telemedicine, specifi- cally regarding prescribing practices and telepsychiatry. Ms. Robinson says future stakeholder topics will focus on telemedicine for homebound patients. Dr. Curran says he’s not taking a
hardline stance on the issue. While touching patients and seeing them face-to-face is crucial, he says, the medical board must be flexible and accepting of new tools and technology that can benefit patients.
“I hope the one who comes out on top is the patient,” he said.
Kara Nuzback is a reporter for Texas Medicine. You can reach her by phone at (800) 880-1300, ext. 1393, or (512) 370-1393; by fax at (512) 370- 1629; or by email at
kara.nuzback@
texmed.org.
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