The attorneys of Cogdell Law Firm ascending the courthouse steps

Practice Areas

Telemedicine Fraud Defense Attorney in Houston, Texas

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.

Understanding Telemedicine Fraud

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:

  • Medicare fraud involving claims for telehealth services not rendered
  • Billing fraud through overcharging or charging for more expensive services than those provided
  • Violations of the Anti-Kickback Statute, where referrals are illegally incentivized
  • False Claims Act violations, where false records or statements are used to obtain payment from federal programs

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.

Penalties for Telemedicine Fraud and Compliance Violations

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:

  • Repayment demands for claims the government or insurer believes were improper
  • Civil monetary penalties for false or unsupported billing
  • Exclusion from Medicare, Medicaid or other federal health care programs
  • Loss or restriction of a medical license
  • Criminal charges in cases involving alleged intent to defraud
  • Damage to a provider's reputation, contracts and professional relationships

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.

How Health Care Providers Can Reduce Telemedicine Compliance Risks

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:

  • Verifying patient identity and location before each telemedicine visit
  • Confirming that the provider is licensed to treat patients in the required state
  • Keeping detailed records of the patient's history, symptoms, diagnosis and treatment plan
  • Billing only for services that were actually provided and medically necessary
  • Reviewing payer rules for telemedicine coverage and coding
  • Training staff on HIPAA, billing procedures and prescription rules
  • Auditing claims regularly to catch errors before they become larger problems

We help providers review policies, address compliance gaps and respond thoughtfully when questions arise.

Common Questions

Frequently Asked Questions.

What is considered telemedicine fraud in Houston, Texas?

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.

Can billing mistakes lead to telemedicine fraud allegations in Houston?

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.

What should I do if I receive a telemedicine subpoena in Houston, Texas?

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.

What agencies investigate telemedicine fraud in Houston?

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.

When the Stakes Are Highest

Call Cogdell Law Firm.

Our attorneys have tried the most difficult cases in federal and state courts across the country. If you are facing a serious charge or a high-stakes dispute, call us before you say anything to anyone else.

Confidential

Schedule YourConsultation.

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.

To schedule a meeting with an attorney, please call the firm or complete the intake form below.

All fields required

Attorney-client privilege applies from your first communication with us.

The Cogdell Law Firm team in a courthouse corridor