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

Speaking of Health Law: COVID-19 GC Roundtable, Part 5 (podcast)

American Health Law Association | June 18, 2020

In this podcast episode, Washington, DC, Health Care counsel Sarah Swank speaks with two executives on the frontlines of the coronavirus pandemic about the future of telehealth, and using the pandemic to inform how we should address future public health emergencies. The speakers also discuss how the pandemic may reshape the health care industry, particularly primary care.

COVID-19 GC Roundtable (podcast)

American Health Lawyers Association | April 01, 2020

In this podcast, Washington, D.C. Health Care counsel Sarah Swank speaks with three hospital general counsel on the front lines of the coronavirus pandemic.

Telehealth and COVID-19

AHLA Speaking of Health Law | March 26, 2020

Washington DC Health Care counsel Sarah Swank appeared on this American Health Lawyers Association podcast to discuss how medical facilities are ramping up telehealth programs in response to the pandemic.

Coronavirus sparks demand for local telemedicine, marks turning point for the industry

Washington Business Journal | March 20, 2020

Washington, DC, Health Care counsel Sarah Swank talks about how a new waiver that expanded the list of video conference apps and platforms permitted under HIPAA for telemedicine could be a game-changer for the industry.

Navigating telemedicine during the COVID-19 pandemic: An interview with Jill Gordon and Sarah Swank (podcast)

Inside Reproductive Health | March 19, 2020

In this podcast episode, Los Angeles Health Care partner Jill Gordon and Washington, DC, Health Care counsel Sarah Swank discuss new regulations around using telemedicine to reach patients in a time of community quarantines.

Hospitals balance disclosure and privacy as COVID-19 spreads

Modern Healthcare | March 12, 2020

Chicago Health Care partner Valerie Breslin Montague talks about how hospitals can remain in compliance with HIPAA while executing an effective crisis communications plan related to the coronavirus outbreak.

AI in Healthcare – how to avoid fraud and abuse

AIMed | March 09, 2020

Washington, DC, Health Care counsel Sarah Swank wrote this contributed article analyzing how organizations can avoid fraud and abuse pitfalls as clinical AI services become more prevalent in the industry.

How algorithmic empathy will improve health care

Forbes | February 13, 2020

In his latest contributed column, Los Angeles Intellectual Property partner Erik Birkeneder writes about how health care AI technologies that demonstrate empathy can help improve patient satisfaction and engagement.

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.

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 “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • 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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