Healthcare innovation is creating new investment, research and development opportunities in digital health and health information technology. McGuireWoods helps clients navigate transactional, regulatory and compliance challenges at the intersection of healthcare and technology. The firm’s digital health, technology and innovation team is a vital part of McGuireWoods’ more than 55 healthcare attorneys and more than 45 data privacy and security lawyers practicing in jurisdictions throughout the world.
Telehealth, Mobile Health and Remote Patient Monitoring. Telehealth was created to provide healthcare from a distance. This concept requires digital health companies to know, comply with and implement a patchwork of ever-evolving laws and regulations that differ for each state, payer and country. We help digital health companies keep abreast of these developing compliance requirements.
Our areas of experience include:
Data Privacy and Security. Digital health and health information technology require a hyper-focus on data privacy and cybersecurity. McGuireWoods’ digital health, technology and innovation group has deep experience in the federal Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health (HITECH) Act, the EU’s General Data Protection Regulation (GDPR) and American state privacy laws, such as the California Consumer Privacy Act and Illinois Biometric Information Privacy Act.
The group partners with McGuireWoods’ data privacy and security team to advise clients on data breaches, risk assessments, data privacy and security policies, data governance, drafting HIPAA compliance programs, performing employee training, negotiating business associate agreements. We represent clients in interactions with governmental entities, including investigations and audits by the Office for Civil Rights of the Department of Health and Human Services.
Health Information Technology. Information technology is crucial to delivering healthcare services today. To avoid costly mistakes, healthcare providers must properly negotiate the high-value and longstanding contracts that govern these vital systems.
Our areas of focus include:
Big Data and Data Strategies. Information technology requires strategies that can transform and aggregate data. We assist clients in managing and identifying issues involved with data analytics, data mapping, data licensing and data security protections.
Formation, Structuring and Growth. We work with a variety of clients, from early-stage digital health startups to the most sophisticated international digital health companies. We meet clients where they are, whether formation, corporate practice of medicine structuring, mergers and acquisitions, private equity investment, IP protection, venture capital or international complexities.
Mergers and Acquisitions. Purchasing or selling a digital health business is a significant decision that requires an interdisciplinary legal team experienced in corporate transactions, healthcare and technology. We combine our deep understanding of digital health and technology with McGuireWoods’ powerhouse healthcare private equity and mergers and acquisitions team. We also draw upon the services of the firm’s tax and employee benefits, labor and employment, and intellectual property lawyers, as dictated by a transaction.
Fraud and Abuse. Like traditional healthcare companies, digital health and technology companies are subject to healthcare fraud and abuse laws. These laws govern relationships between providers, physicians and referral sources, and regulate compliance with third-party payer billing requirements.
We advise companies on:
McGuireWoods also assists clients with:
Our lawyers, like our clients, embrace innovation to shape the future of healthcare.
HHS Issues New HIPAA Guidance on Audio-Only Telehealth Services
July 14, 2022
OCR Seeks Input on “Recognized Security Practices” as Mitigating Factor for HIPAA and HITECH Fines
May 26, 2022
New Revelations in Ukraine Lead to Tightening Global Sanctions
April 8, 2022
Senators Propose Commission on Health Data Use and Privacy Protection to Study Modernizing HIPAA
March 18, 2022
FinCEN Encourages “Increased Vigilance,” Highlights Red Flags for Evasion of Russian Sanctions
March 16, 2022