Digital Health & Telemedicine



We help you navigate and understand the legal risks and requirements as you invest in new health care technologies.

Our approach

Digital health technologies are creating opportunities for new players to disrupt the industry by identifying efficiencies, engaging stakeholders and allowing individuals to be active participants in managing their health. With these novel innovations come myriad risks and legal concerns. To protect their organizations, health care providers and digital health vendors must understand and address these factors.

Identifying and removing those barriers is what our team does best. With our deep industry and regulatory knowledge, we act as translators between our clients and regulators, ensuring that their new technologies can be integrated into mainstream health care delivery while protecting patient well-being and privacy.

We counsel on critical regulatory and operational issues related to:

  • Federal and state licensure and regulatory approval
  • Credentialing
  • Corporate practice of medicine
  • Informed consent
  • Reimbursement
  • Privacy and security
  • HIPAA compliance
  • Fraud and abuse
  • Patentability of medical software
  • IP and licensing issues
  • Data ownership and use
  • Competitive pricing and discounts; concierge medicine
  • Risk management and patient safety
  • EHR connectivity and medical record integration
  • Payor relations and managed care
  • ACOs and population health
  • Clinical research

We assist on legal issues related to these health technologies:

  • Telehealth platforms
  • Digital therapeutics
  • Digital medical devices
  • Electronic health record platforms
  • Mobile health care applications
  • Payment systems
  • Wearables
  • Artificial intelligence platforms
  • Blockchain implementation platforms
  • Genomic platforms for personalized medicine

We Work With

  • Health care service providers and health systems
  • Hospitals and academic medical centers
  • Technology platform providers
  • Medical device manufacturers
  • Biotechnology companies
  • Venture capital and private equity firms
  • Pharmaceutical companies
  • Physician organizations
  • Startups
  • Universities

Digital health start-up Zocdoc is wrestling with a price change that could cripple doctors

CNBC | August 07, 2018

Los Angeles Health Care partner Jill Gordon discusses legal concerns around a digital health start-up that is considering a new pricing model.

Cybersecurity and benefits plans: The next front in the ongoing battle to protect personal information

Confero | June 30, 2018

Rochester Corporate group associate Jenny Holmes contributed this article to the quarterly magazine for Westminster Consulting, discussing why benefit plans are inviting targets for would-be data thieves, and what plan administrators need to do to protect personal data.

Three shady—and all too common—things that digital health startups do to make money

CNBC | November 18, 2017

Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.

Getting one step ahead on matters of mobile accessibility

Rochester Business Journal | November 16, 2017

Rochester private equity and investment funds partner Jeremy Wolk, Los Angeles health care partner Jill Gordon and Los Angeles labor and employment associate Mae Hau coauthored this contributed article on the explosion of mobile health applications and the potential accessibility issues.

Three shady—and all too common—things that digital health startups do to make money

CNBC | November 16, 2017

Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.

Automated telemedicine is coming, for everyone

TechCrunch | September 21, 2017

Los Angles IP counseling and transactions associate Erik Birkeneder authored this column about the future and benefits of health care mobile applications.

Virtual assistants like Amazons Alexa could change the way care is delivered

Modern Healthcare | July 30, 2017

Chicago health care partner Valerie Montague provides third-party commentary in this article about the potential for Alexa and other voice assistants to be used as a health care tool.  Valerie speaks to what needs to happen for these devices to become compliant under the Health Insurance Portability and Accountability Act (HIPAA).

Clinically integrated networks: 5 roadblocks and how to overcome them

Family Practice News | July 16, 2017

Chicago health care associate April Schweitzer is quoted in this article about the challenges for establishing clinically integrated networks and how hospitals and physicians can overcome them.

What do companies need to know to avoid legal missteps?

MedCity News | June 14, 2017

Los Angeles IP counseling and transactions associate Erik Birkeneder and health care associate Daniel Eliav co-authored this article about legal issues digital health companies should consider.

Contacts

Jill H. Gordon

Partner
Co-chair, Life Sciences Practice

jgordon@nixonpeabody.com

Phone: 213-629-6175

Valerie Breslin Montague

Partner

vbmontague@nixonpeabody.com

Phone: 312-977-4485

  • Ranked nationally for Health Care in Chambers USA: America’s Leading Lawyers for Business 2018, as well as in Illinois, Massachusetts and New York
  • U.S. News/Best Lawyers has named Nixon Peabody “Law Firm of the Year” in Health Care Law in 2016
  • Ranked nationally in U.S. News/Best Lawyers 2019 “Best Law Firms” in Health Care Law, and received metropolitan rankings in Health Care Law in Albany, Chicago, Long Island, Los Angeles, New York City and Rhode Island
  • Ranked in Illinois, Massachusetts and New York for Health Care in Chambers USA: America’s Leading Lawyers for Business
  • Ranked nationally by Modern Healthcare—Largest Healthcare Law Firm
  • Recognized lawyers by Best Lawyers in America in the field of Health Care law
  • Recognized lawyers by Super Lawyers in the area of Health Care law
  • Recognized by the American Bar Association’s Health Law Section in its Annual Regional Law Firm Recognition Program
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