Texas Medical Board Drops 5th Circ. Telemedicine Appeal

By Michelle Casady (October 18, 2016, 3:34 PM EDT) -- The Texas Medical Board has voluntarily dismissed its appeal asking the Fifth Circuit to bar a telemedicine company's antitrust challenge of a state rule that requires physicians to see patients face to face before providing remote care, according to an unopposed request filed Monday.

The Texas Medical Board offered no reasoning in the request, stating only that it was moving to dismiss the appeal pursuant to Federal Rule of Appellate Procedure 42(b) and Fifth Circuit Rule 42.1. Telemedicine company Teladoc filed a statement within that request telling the court it is unopposed to dismissal, but did raise other concerns.

"Although they...

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