The expansion of telehealth and telemedicine services presents our healthcare provider and services clients with new opportunities and challenges as they increasingly leverage these methods to care for patients. Our healthcare lawyers provide cutting-edge advice on telehealth models of care, skillfully guide telehealth and investor clients with business-practice advice, and regularly help clients achieve regulatory milestones. This includes securing reimbursement, completing high-profile transactions in the telehealth space, and properly structuring innovative and value-based arrangements with third parties.
Our team helps clients navigate complex telehealth matters. Working together across legal disciplines, our healthcare lawyers provide a range of services to our clients in the telemedicine and telehealth space, including advising on:
- Reimbursement of telehealth services by the federal healthcare programs and commercial payors
- Arrangements between telehealth providers and insurers and other third parties
- Licensure and practice of medicine issues arising under state laws, such as formation of patient relationships, informed consent, prescribing, practitioner supervision, and more
- Corporate practice of medicine restrictions
- Innovative telehealth service delivery models
- FTC and state regulations of telehealth and digital technology offerings
- Healthcare fraud and abuse laws as they apply to telehealth services and digital technology offerings
- Application of privacy and data security laws
Our healthcare provider and telehealth clients include:
- Telehealth providers, including in the primary care, behavioral, dental, and other sectors
- Health systems and hospitals
- Multispecialty medical groups
- Technology vendors and services companies
- Retailers and consumer technology companies expanding into telehealth
- Digital health technology companies
- Early-stage companies seeking to introduce innovative models to deliver healthcare services
Representative engagements
- Advising a company providing telehealth services on the regulatory, corporate, and employment aspects of various business model options for delivering their services, including interactions with general practitioner practices, as well as advising on the rollout of an IT platform to make digital patient consultations possible for them
- Counseling on financial arrangements between telehealth arrangements and payors
- Advising a major biotech company on a potential partnership with a telemedicine provider, including advising on the fraud and abuse considerations and the structure of the partnership agreement and governance structure
- Advising a healthcare technology and services company on state telemedicine and other healthcare laws
- Providing strategic advice to a health data innovator in an approach to data protection laws and engagement with regulators on sensible telehealth regulatory reform and clarification
- Counseling a healthcare information technology company on the privacy implications of a wide variety of patient engagement mobile app strategies, including through multijurisdictional legal analysis and global privacy policy
- Advising a healthcare technology company on novel compliance, digital health, and health privacy matters with respect to its online technology that connects health plans and systems to facilitate personalized care, particularly mental health services
- Counseling a technology company on privacy considerations for its Big Data online solution to the supply and demand disconnect that is creating inefficiencies in a specific subsector of the healthcare market
- Assisting a national healthcare provider to evaluate numerous telehealth provider and services companies for strategic alignment and acquisitions