06/28/16 - Amicus Brief Call: Teladoc v. Texas Medical Board Tuesday, June 28, 2016 (3pm - 4pm US/Eastern)

Call Time: 3:00 p.m. - 4:00 p.m. (ET)

This is a member-only call.

ERIC will host a call with our amicus counsel, Mark Gidley and Karen Eisenstadt of White & Case. We will discuss ERIC’s amicus brief and its argument, as well as the context of this state action case in the broader legal environment. Please join us for the call.

ERIC is well-positioned to explain the interest of and importance to employers of offering their employees telehealth services. We believe a brief from ERIC will be influential with the Fifth Circuit and may help the court understand that allowing self-interested licensing boards to block disruptive technologies will harm the business community and efforts to promote a healthy workforce.

Case Information

The Texas Medical Board (“Board”) has filed an appeal to the Fifth Circuit Court of Appeals in Teladoc, Inc. et. al. v. Texas Medical Board, et. al. This case is the result of a Board rule requiring a “face-to-face visit or in-person evaluation” before a physician may issue certain prescriptions, which prompted a challenge from Teladoc, the nation’s largest telehealth vendor, asserting a violation of antitrust law and the Commerce Clause of the Constitution. At this stage, the only issue on appeal is whether the Board’s actions in this case constitute “state action” for the purposes of state action immunity for the Board.

If the Board succeeds in its appeal to the Fifth Circuit and secures immunity from antitrust laws, it would be devastating to the availability of telehealth in Texas as it would prevent telehealth providers from offering services in most situations. This case may also have repercussions beyond telehealth and beyond Texas, if state regulatory boards are able to secure state action immunity to protect their ability to enact anti-competitive rules.

To register for the call, click on the "Register Now" link at the top of this page (you will need your username and password to register).

If you are a prospective member and would like to participate in the call, please contact ERIC at (202) 789-1400 or by email at memberservices@eric.org.