Digital Health & Telemedicine

Overview

As legal issues surrounding digital health and telemedicine continue to emerge, these platforms, applications, and services are now at the forefront of the healthcare industry, transforming the way healthcare is accessed and delivered. This has created opportunities for both old and new players to disrupt the industry by removing barriers to care, gathering new data to provide a more complete picture of a patient’s health, and designing new pathways through which patients can more actively manage their own health. Navigating these dynamics requires a thorough understanding of these emerging lines of new business, the associated healthcare law challenges, as well as the ability to address them proactively.

With innovation, new risks and legal concerns are sure to follow. Healthcare providers and digital health vendors must understand and address these risks. Our team of telemedicine lawyers partner with clients on the unique impact of healthcare laws in the digital space, critical regulatory and operational issues related to fraud and abuse, restrictions on the corporate practice of medicine, reimbursement, compliance, health information privacy and security, remote patient monitoring (RPM), and more. From startups to leading healthcare organizations, Nixon Peabody has the experience to guide clients through this transformative time as a recognized digital health law firm.

Representative experience

• Digital point-of-care platform for at-home testing: Counseled on regulatory and transactional issues.
• At-home laboratory testing kits for men’s fertility solutions: Provided regulatory guidance as startup navigates compliance issues, including the provision of services through telehealth provider platforms and provider contracting.
• Membership-based healthcare platform: Counseled on various healthcare regulatory and transactional matters.
• National telehealth company: Advised on state-specific telemedicine regulatory requirements concerning the company’s online prescription, over-the-counter medication, and personal care business.
• Diagnostic platform for screening diseases using non-invasive tests: Represented in connection with general corporate, regulatory, and counseling matters.
• Healthcare innovation platform: Provided regulatory compliance and corporate advice with respect to their “med-spa” and men’s digital health businesses.
• Strategic investor with a focus on RPM:Advised on investment in a company focused on continuous glucose monitors (CGMs).
• Hospitals and health providers: Assisted in the design and contracting for one of the largest nonprofit health systems in the United States system-wide telehealth platform.

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Health Care Law in the 2025 edition of Best Law Firms® and in consecutive years prior; named “Law Firm of the Year” in Healthcare Law by Best Law Firms in 2016
• Recognized as a top law firm in Healthcare by the American Bar Association’s Health Law Section
• Named as a leading firm in Healthcare by Chambers USA in 2021; 31 healthcare lawyers ranked
• Ranked nationally as one of the largest healthcare firms by Modern Healthcare