1. For Advertising purposes:
When the phrase “Free MRI Review” & “Free Second Opinion” Or “ComplimentarySecond Opinion” terms are being used in any advertising promoted by the brand Texas Back Relief, this means in other words:
A board-certified spine specialist will personally review your MRI and provide a complimentary educational second opinion at no charge and with no obligation. This service is informational only; it does not constitute a medical diagnosis or establish a physician-patient relationship, and you are under no obligation to pursue any treatment with our practice. All imaging submissions are handled through HIPAA-compliant, encrypted, and secure processes. This offer is available to all patients regardless of insurance status and is not conditioned upon the use of any medical services, procedures, or referrals.
2. For Website purposes:
IMPORTANT DISCLOSURE — COMPLIMENTARY MRI REVIEW & SECOND OPINION SERVICE
Texas Back Relief offers a complimentary MRI review and educational second-opinion service at no cost and with no obligation to the patient. This service is provided solely to offer general educational information regarding spine conditions and is not intended to replace a consultation with your primary treating physician or a licensed healthcare provider.
This review does NOT: • Establish a physician-patient relationship • Constitute a medical diagnosis, prognosis, or treatment recommendation • Create any obligation to schedule care, procedures, or treatment with our practice • Serve as a substitute for emergency medical care
Submission of imaging studies is entirely voluntary. This service is not conditioned upon, and does not require, the use of any medical services, procedures, or referrals to or from this practice. It is offered in compliance with applicable federal and Texas state healthcare regulations, including the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b), the Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn), and the Texas Medical Board’s advertising and professional conduct standards (22 Tex. Admin. Code § 164.4).
Patients insured through Medicare, Medicaid, TRICARE, or other federal or state healthcare programs are encouraged to consult their primary treating physician before submitting imaging for review. Acceptance of this complimentary service confers no benefit contingent upon referral, admission, or use of federally reimbursable services.
All medical records and diagnostic imaging submitted through this website are transmitted and stored using HIPAA-compliant, end-to-end encrypted, secure systems (45 C.F.R. Parts 160 & 164) and are used solely for the purpose of providing the requested educational review. Your information will not be sold, shared, or used for any commercial purpose without your express written consent.
3. For Medicare & MedicAid patients:
Patients enrolled in Medicare, Medicaid, TRICARE, or any federal or state healthcare program are encouraged to consult their primary treating or referring physician prior to submitting imaging for review or scheduling a complimentary consultation. Texas Back Relief does not condition access to this complimentary service on any agreement to receive treatment, procedures, or services reimbursable under any federal healthcare program. This offer complies with applicable OIG guidance on complimentary items and services for federal program beneficiaries.
4. Quick References:
Summary of the primary laws and rules governing these marketing statements in Texas:Federal Anti-Kickback Statute (AKS)42 U.S.C. § 1320a-7b(b)Prohibits offering anything of value (including free services) to induce referrals for federally reimbursable services. Your statements must clearly show the free review is not conditioned on any treatment or referral.Stark Law (Physician Self-Referral Law)42 U.S.C. § 1395nnRestricts physician self-referrals for certain designated health services billed to Medicare/Medicaid. Ensure no referral loops are created by the free MRI review offer.OIG Compliance Guidance42 C.F.R. § 1001.952Safe harbor provisions exist for complimentary items/services of low value. Free MRI reviews and consultations should be genuinely free, universally available, and not tied to business generation.Texas Medical Board Advertising Rules22 Tex. Admin. Code § 164.4Requires that physician advertising not be false, misleading, or deceptive. All claims must be substantiated; “free” offers must genuinely be free; credentials must be accurate.Texas Medical Records Privacy ActTex. Health & Safety Code § 181State-level medical privacy law that supplements HIPAA. Any MRI submission process must comply with both.HIPAA Privacy & Security Rules45 C.F.R. Parts 160 & 164Federal patient data protection. All MRI uploads must use encrypted, HIPAA-compliant transmission and storage systems.
