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

FTC's health data breach rule covers apps, fitness trackers, agency says

Modern Healthcare | September 16, 2021

This article, covering the Federal Trade Commission’s new guidance that health apps and fitness trackers must notify users of data breaches, quotes Chicago Health Care partner Valerie Montague on the FTC’s enforcement and broad definition of a breach, noting companies should review their health data policies and obtain patient authorization when necessary.

Patient says Jefferson Health missed the mark on EHR-driven marketing

Modern Healthcare | June 25, 2021

This article, which discusses concerns surrounding hospitals using electronic health records to promote health services, quotes Chicago Health Care partner Valerie Montague on the right of patients to opt out of their providers’ mailing lists.

Scripps cyberattack highlights patient safety risks during breaches

Modern Healthcare | May 14, 2021

In this article on the recent cyberattack on Scripps Health, which disrupted the San Diego-based health system’s patient portal and email systems, Chicago Health Care partner Valerie Montague is quoted on HIPAA considerations for health systems when communicating with patients via social media.

Amazon's new telehealth service is coming to Massachusetts this summer

Boston Business Journal | March 24, 2021

This article on Amazon’s plan to offer its own telehealth service to the company’s Massachusetts workers this summer quotes Washington, DC Health Care counsel Sarah Swank on potential telehealth challenges once temporary cross-state provider licenses expire 30 days after the state of emergency ends.

Amazon to pilot in-person health care in D.C. market as it prepares to sell Amazon Care services

Washington Business Journal | March 22, 2021

This article on Amazon’s plan to pilot its own in-person health care offerings to HQ2 employees quotes Washington, D.C. Health Care counsel Sarah Swank extensively on the different approaches telehealth providers are taking to launching their services, and regulatory challenges they may face post-COVID.

Speaking of Health Law (podcast)

American Health Law Association | March 08, 2021

In this podcast episode, Washington, DC Health Care counsel Sarah Swank speaks with the Chief Legal Officer of Geisinger Health System and the Senior Vice President and Deputy General Counsel of Northwell Health about what they hope the next few months will bring, including longer-term trends such as the increased role of telehealth, payment reform, and mental health issues.

Member spotlight

Health Law Connections | October 23, 2020

The latest issue of the American Health Law Association’s magazine includes a Q&A with Washington, D.C. Health Care counsel Sarah Swank. In addition to highlighting Sarah’s practice, the feature covers some of Sarah’s very early roles, family life and how she’s managing through the pandemic.

New Executive Order Shows Telehealth Changes Might "Stick"

Healthcare Business Today | September 06, 2020

Washington, DC Health Care counsel Sarah Swank contributed this article, which analyzes an August 2020 executive order on the expansion of telehealth services amid the coronavirus pandemic. In the article, Sarah discusses what needs to happen in order for these changes to remain in place after the public health emergency has passed.

Speaking of Health Law: COVID-19 GC Roundtable, Part 8 (podcast)

American Health Law Association | August 06, 2020

In this podcast episode, Washington DC Health Care counsel Sarah Swank speaks with executives of two health care organizations about how their jobs have changed during the pandemic, discussing the challenges of remote workforces, ongoing regulatory changes and scarce resources, among other topics.

Hospitals partner with industry to co-create digital tools

Modern Healthcare | July 25, 2020

In this article on how hospitals are co-developing tools with tech companies, Long Island office managing partner and Health Care partner Allan Cohen is quoted on the factors for hospitals to consider when selecting the right partner and the ways in which hospitals are investing in startups.

Healthcare Automation Matters More Than Ever During a Pandemic

HealthTech | July 10, 2020

This article about automation’s increased importance in health care during the pandemic quotes Washington, DC, Health Care counsel Sarah Swank from a panel she moderated at the American Telemedicine Association’s recent 2020 conference. Sarah noted that we are at the very beginning of AI’s expansion in health care.

#ATA2020: Artificial Intelligence and Its Role in Virtual Care

HealthTech | June 24, 2020

This article, covering a panel discussion from the American Telemedicine Association’s 2020 conference, quotes Washington, DC, Health Care counsel Sarah Swank on the rapidly expanding role of artificial intelligence in virtual care. Sarah moderated the panel, which included health care stakeholders from across the country.

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.

California guidelines advance telehealth for Medicaid patients

Law360 | September 17, 2019

Los Angeles Health Care partner Jill Gordon and associate Harsh Parikh co-wrote this contributed article looking at new state guidelines that will expand Medicaid reimbursement for telehealth services.

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