Georgia telehealth MSO-PC: licensure, HB 307 coverage, and PC ownership
Georgia offers a telemedicine-only license for out-of-state physicians, writes its own telemedicine practice standards into Board rules, and requires payers to pay telemedicine at least the in-person rate.
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A Georgia telehealth company needs every treating clinician licensed in Georgia, a professional corporation owned by Georgia-licensed physicians under O.C.G.A. § 14-7-4, and an MSO paid a fair-market-value fee. Physicians licensed in another state can apply for a Georgia telemedicine license under O.C.G.A. § 43-34-31.1, and Board Rule 360-3-.07 sets the standards for every telemedicine visit. Georgia's insurance law, O.C.G.A. § 33-24-56.4 as amended by HB 307 (2021), requires coverage on the same basis and at least at the in-person rate. Foundry forms the MSO-PC for $15,000 and matches a Georgia-licensed friendly PC owner for $3,000/mo.
Georgia is a Moderate state on the CPOM 50-state guide. Read Georgia CPOM for the share rules and Board discipline, then CPOM compliance for the operating test. General information only, not legal advice.
Licensure: a full Georgia license or a telemedicine license
The Georgia Composite Medical Board licenses physicians, physician assistants, and other practitioners who treat Georgia patients. Its Chapter 360-3 rules say treatment and consultations must be done by Georgia-licensed practitioners, including care delivered by electronic means. A physician who already holds a full, unrestricted license in another state can apply for a telemedicine license under O.C.G.A. § 43-34-31.1 and the Chapter 360-2 license rules. That license is limited to telemedicine. The physician cannot see Georgia patients in person except in an emergency.
Nurse practitioners and physician assistants hold their own Georgia licenses and work under protocol or delegation agreements with a Georgia physician. Rule 360-3-.07 adds a step for telehealth: a physician who delegates telemedicine to an APRN or PA documents that delegation with the Board.
Rule 360-3-.07: the Board's telemedicine standards
| Standard | What the rule requires | What it means for a platform |
|---|---|---|
| Licensure | Treatment and consultations by Georgia-licensed practitioners | License every clinician in Georgia before the first Georgia visit |
| Patient history | The practitioner has the patient's history and records available | Intake pulls prior records into the chart before the visit |
| Examination | The practitioner examined the patient, is acting for a Georgia licensee who did, or uses technology that provides an exam equal or superior to in person | Choose video and peripherals that match each visit type |
| Patient notice | The patient gets the practitioner's name, credentials, and emergency contact information, plus follow-up instructions | Put clinician identity and after-hours contact in every visit summary |
| Records | Visit documentation kept like any other encounter | Records belong to the PC, under its policies |
| Delegation | APRN or PA telemedicine under a delegation documented with the Board | File delegation paperwork before NPs or PAs see patients by video |
The rule sets the clinical floor. Protocols that apply it belong to the physician-owned PC, not to the MSO's product or growth team.
HB 307: what Georgia payers must cover
HB 307 amended the Georgia Telehealth Act at O.C.G.A. § 33-24-56.4 in 2021. Its main rules for commercial plans:
| Rule | Text in HB 307 | Platform takeaway |
|---|---|---|
| Rate | Insurers pay for telemedicine on the same basis and at least at the rate for the same service in person | Payment parity, so in-network rates follow the in-person fee schedule |
| No in-person first | Insurers cannot require an in-person consultation before telemedicine, except for setup of in-home devices or where other law requires it | A first video visit can be the first encounter |
| Audio-only | Insurers need not pay for audio-only calls except for mental or behavioral health services | Phone-only therapy and psychiatry can be billed; most other phone visits cannot |
| Equal terms | No stricter utilization review, no separate deductibles, no required platform | Bill telemedicine under the same plan rules as office visits |
Coverage runs to the provider with the network contract. That contract, and the claims, belong to the Georgia PC under its own tax ID and group NPI. An MSO that bills in its own name has put the claim in the wrong entity.
Who owns the Georgia practice
O.C.G.A. § 14-7-4 limits professional corporation shares to licensed professionals, and the 2021 amendment added only a chiropractor-with-physician path. A lay founder or investor owns the MSO, often a Delaware company, and the MSO earns a fixed or cost-plus fee under a written management services agreement. The Board can discipline unprofessional conduct under O.C.G.A. § 43-34-8, which reaches physicians who let a lay company direct their care.
| Role | Where it sits | Georgia note |
|---|---|---|
| Physician owner | Owns the Georgia PC | Georgia-licensed MD or DO |
| Treating clinicians | Employed or contracted by the PC | Each licensed in Georgia; telemedicine license allowed for out-of-state physicians |
| APRNs and PAs | Employed by the PC under protocol or delegation | Telemedicine delegation documented with the Board |
| Founder and investors | Own the MSO | No equity in the PC |
Controlled substances: Georgia PDMP checks
Prescribers with a Georgia license and a DEA registration must register with the Georgia PDMP under O.C.G.A. § 16-13-63. Before the first prescription of a Schedule II opioid, a cocaine derivative, or a benzodiazepine, the prescriber checks the PDMP, then checks again at least every 90 days while the prescription continues, and documents each check. Small supplies, such as 3 days and no more than 26 pills, are excepted. The DEA telemedicine flexibilities under 21 CFR 1307.41 run through December 31, 2026, and each prescriber needs a DEA registration for the state where the patient sits.
Setup steps for a Georgia telehealth company
- List each visit type, the payers you plan to bill, and any controlled substances.
- Match a Georgia-licensed physician to own the PC through friendly PC owner matching ($3,000/mo).
- Form the Georgia PC and the MSO, and sign a fair-market-value MSA. See MSO-PC formation ($15,000).
- License each clinician in Georgia, using the telemedicine license for out-of-state physicians where it fits.
- Write Rule 360-3-.07 into the PC's visit protocols and file APRN or PA delegations.
- Credential the PC with payers and route all clinical payments to the PC's bank account.
Pricing
MSO-PC formation
$15,000One-time. The MSO and the Georgia physician-owned PC, scoped to your visit model.
Friendly PC owner
$3,000/moA Georgia-licensed physician who owns your PC.
Georgia telehealth MSO-PC FAQ
Do I need a Georgia license to treat Georgia patients by telemedicine?
Yes. Board Rule 360-3-.07 requires treatment and consultations by Georgia-licensed practitioners, including care delivered electronically. Physicians with a full license in another state can apply for a Georgia telemedicine license under O.C.G.A. § 43-34-31.1, which is limited to telemedicine.
Does Georgia require payment parity for telehealth?
Yes for commercial plans. HB 307 (2021) amended O.C.G.A. § 33-24-56.4 so insurers pay for telemedicine on the same basis and at least at the rate for the same in-person service. Insurers need not pay for audio-only calls except for mental or behavioral health services.
Can a telemedicine visit be the first visit in Georgia?
Yes. HB 307 bars insurers from requiring an in-person consultation before telemedicine, and Rule 360-3-.07 allows an exam through technology that is equal or superior to an in-person exam.
Can a lay founder own a Georgia medical practice?
Not the clinical entity. O.C.G.A. § 14-7-4 limits professional corporation shares to licensed professionals. The founder owns the MSO, paid a fair-market-value fee.
How much does Foundry charge for a Georgia telehealth MSO-PC?
MSO-PC formation is $15,000 one-time. A Georgia-licensed friendly PC owner is $3,000/mo.
Related reading
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