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In the rapidly evolving world of health care, telemedicine has become a cornerstone — especially after its significant growth during the COVID-19 pandemic. But with the rise in its use, telemedicine fraud has also become a more prominent issue for providers.
At Cogdell Law Firm, we bring over 40 years of experience serving health care professionals throughout Texas. Lead attorney Dan Cogdell is known for his formidable trial work in federal-level health care fraud cases — featured in the Texas Tribune and Texas Monthly and a regular on national news channels.
Telemedicine fraud can manifest in various forms, often involving deceitful practices that exploit the billing and regulatory systems designed to govern telehealth services. The potential penalties are severe and can include hefty fines, restitution and even imprisonment — both criminal and civil — which could significantly impact professional licenses and careers. Common examples include:
If you are facing allegations of telemedicine fraud, working with a knowledgeable defense attorney is crucial. Whether negotiating settlements or representing clients vigorously in court, our approach is tailored to protect your professional interests and personal freedom.
Telemedicine fraud allegations may involve Medicare, Medicaid and private insurance claims, as well as improper referrals or unnecessary services or prescriptions issued without proper patient evaluation. Depending on the facts, possible consequences may include:
These penalties can become more severe if investigators believe there was a pattern of false billing, poor documentation, kickbacks or medically unnecessary treatment. Our attorneys help providers protect their rights and respond properly to audits or investigations.
Providers can reduce telemedicine compliance risks by building clear systems before problems arise. Good compliance practices demonstrate a serious effort to follow billing, privacy, licensing and documentation rules. A strong risk-reduction plan may include:
We help providers review policies, address compliance gaps and respond thoughtfully when questions arise.
Common Questions
Under Texas Occ. Code Section 111.001(4), a “telemedicine medical service” refers to health care services using telecommunications or information technology performed by licensed physicians in the state. Telemedicine fraud occurs when an individual misuses their services or makes false claims to obtain money — for example, overcharging for services, working without a license, or billing for a service that was not rendered.
Yes. A provider may be flagged by the Office of Inspector General (OIG) if they bill for more than 24 hours in a day, bill for multiple telemedicine services without proper documentation, or bill for “excess time.” Another commonly flagged activity involves physicians calling former patients they have not recently seen, under the guise of a “checkup,” only to send them a bill afterward.
Early legal intervention is crucial. Check the subpoena's validity and acknowledge receipt once you confirm it is signed by a judge or magistrate. Then seek the support of a telemedicine defense lawyer who can inform you of your rights and guide you on the next steps to ensure timely compliance.
The Texas OIG is one of the key agencies that conduct audits and inspections to investigate telemedicine fraud in the state. They work alongside other federal and state agencies to safeguard the integrity of the Medicaid program and ensure that taxpayer funds are not used for fraudulent activities.
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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.
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