Foley is proud to continue its sponsorship of the American Telemedicine Association (ATA) to offer a plethora of industry insights with attendees during ATA Nexus 2025, exploring The Next Chapter in Virtual Care.
To learn more and register for the event, visit the ATA NEXUS2025 conference website and use promo code INVITENEXUS200 at registration for a special discount.
Be sure to stop by Booth 601 in the Expo Hall to meet and reconnect with your Foley contacts.
The Business of Telehealth: The Biggest Legal Issues You Need to Understand
On Saturday, May 3 at 3 p.m. CT, leading digital health leaders will delve into crucial regulatory challenges impacting the digital health industry and provide valuable insights on navigating potential pitfalls and mitigating consequences. Enhance your legal strategy by joining this session — your legal team will thank you. Hosted by Nate Lacktman, chair of the firm’s Telemedicine & Digital Health Team and member of ATA’s Board of Directors, this session will explore:
Data Privacy Considerations for your Digital Strategy – Jennifer Hennessy, Partner
This presentation will address recent updates in health care data privacy and security laws and enforcement that health care organizations should be aware of as they develop and enhance their digital strategy and platform. This will include the use of tracking technologies on digital platforms, the importance of providing patients with prompt access to medical records (in light of 50+ U.S. Department Health and Human Services’ (HHS) settlements on this issue), HHS’ recent announcement of its “security risk analysis initiative” and what it means for digital health organizations, as well as expectations regarding the Trump Administration’s enforcement priorities.
In this session, participants will:
- Better understand the importance of knowing which data is regulated by HIPAA versus state consumer data privacy laws and the implications.
- Obtain an increased appreciation of government enforcement priorities in the privacy and cybersecurity space.
- Walk away with practical takeaways on how digital health organizations are implementing a digital strategy in light of increasing regulation of health data.
DEA Telemedicine Prescribing: Special Registrations, Waivers, Buprenorphine, and What to Expect – Nathan A. Beaver, Partner and Marika Miller, Associate
This presentation explores the latest Drug Enforcement Administration (DEA) rules and proposed rules impacting telemedicine providers. We will break down the DEA buprenorphine prescribing requirements and the Special Registration proposed rule. We will also discuss the current legal and regulatory landscape, and the potential future landscape, for telemedicine prescribing of controlled substances.
In this session, participants will:
- Review the new DEA buprenorphine telemedicine prescribing requirements and how they affect clinical practice.
- Explore the requirements and challenges of the proposed special registration rule, including how it may impact telehealth models, provider workflows, and patient care.
- Examine the uncertainty surrounding the DEA’s Special Registration proposed rule, consider possible timelines for finalization, and discuss how future policy shifts could impact the proposed rule and current telemedicine prescribing flexibilities.
50-State Telehealth Practice Laws: An Assessment of the Pre- and Post-PHE Landscape – Jacqueline Acosta, Special Counsel – Olivia Dresevic, Associate
This presentation will address recent legal and regulatory updates under state law with respect to licensure and telehealth practice standards that health care organizations should be aware of as they develop and enhance their digital strategy and platform. This will include a discussion of notable licensure exceptions, an overview of telehealth practice standards (e.g., patient identity verification and notice and disclosure requirements), evolving modalities, and prescribing controlled substances under state law. The presentation will include illustrative heat maps to demonstrate national trends on these topics.
In this session, participants will:
- Better understand the notable licensure exceptions and key telehealth practice standards to consider when developing a patient experience utilizing a telehealth platform.
- The importance of understanding nuances with respect to evolving modalities to ensure the patient experience incorporates the use of an allowable modality, including an overview of states allowing the use of asynchronous modalities.
- Have a high-level perspective of the landscape of telehealth laws and regulations across the United States, as well as unique considerations in niche spaces, such as medical weight loss prescribing.
Telemedicine Company M&A and Transactions: Navigating the State Regulatory Landscape – Hannah Zaitlin, Partner and Evan Hellman, Senior Counsel
We are seeing increasing scrutiny on private equity and venture finance involvement in the health care sector. This is playing out, in part, through state-by-state oversight and regulation of health care transactions in numerous states. At the same time, state legislatures across the country have considered tightening restrictions on the corporate practice of medicine (and other professions). This session will provide an overview of state health care transaction review laws and corporate practice of medicine developments that impact how telemedicine transactions are structured and consummated.
In this session, participants will:
- Learn what types of telemedicine transactions state health care transaction review laws could apply to (i.e., venture financing, M&A, affiliated practice group structures, public companies).
- Learn the latest corporate practice of medicine developments.
- Gain practical tips for navigating these complexities to get to deal closing.
Telehealth Non-Competes and Employment Restrictions in Multistate Distributed Clinician Staffing – David Sanders, Partner and Larry Perlman, MD, Partner
While most states permit non-competes with physician-employees and other clinicians, the rules vary on a state-by-state basis according to a number of factors that are not only unique to that state’s general non-compete laws but to physician and clinician-based restrictions in that state.
In this session, participants will learn:
- Best practices for drafting enforceable non-competes with clinicians.
- State-by-state differences in applicable laws and how to comply with them.
- Other protections available to employers with clinical staff.
- Non-compete options for independent contractors.
The State of Digital Therapeutics: The Legal Environment in 2025 and Beyond – T.J. Ferrante, Partner
With the rapid development of technologies in medicine, the digital age has brought about a new category of therapies: digital therapeutics. Digital Therapeutics (DTx) are emerging as promising tools for treating and managing a variety of health conditions, but digital health companies and providers still face difficulties with complex regulations, sketchy reimbursement, and uncertain patient engagement. This session addresses both the successes and challenges digital therapeutics face; and how the future might play out.
In this session, participants will:
- Identify the key legal and regulatory considerations for digital therapeutics companies.
- Learn DTx reimbursement issues and opportunities.
- Discuss how DTx companies can enter into this new delivery space and partnering with telehealth providers.
Advertising and Promoting Prescription Products by Telehealth Companies – Kyle Faget, Partner and Caitlin Otis, Associate
This talk with provide an overview of U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulation of prescription and over-the-counter drug advertising applicable to telemedicine companies that advertise and promote prescription and over-the-counter drug products. We will discuss FDA’s and FTC’s regulatory jurisdiction, laws, regulations, and guidance applicable to prescription and over-the-counter drug product advertising via the internet.
In this session, participants will:
- Understand what authority FDA and FTC have over telemedicine company advertising and promotion of prescription and over the counter products.
- Identify what FDA requirements apply to product claim ads regardless of medium.
- Apply how FTC rules interact with FDA requirements for prescription and over-the-counter drug product advertisements.
- Learn best practices when advertising prescription and over-the-counter drugs via the internet.
Unlocking AI’s Potential in Health Care and Virtual Care: Governance, Implementation & Real-World Impact
On Saturday, May 3 at 3:05 p.m. CT, Michaela Weise, an associate in the Telemedicine & Digital Health Team, will join a panel to discuss how AI can seamlessly integrate into clinical workflows and virtual care platforms, focusing on clinician adoption, transparency, and overcoming biases in AI-driven health care solutions.
Navigating AI Regulatory Compliance in Health Care: Ethics, Approvals, and Legal Challenges
On Saturday, May 3 at 4 p.m. CT, Aaron Maguregui, partner and co-chair of the firm’s Data Analytics/Intelligence Area of Focus, will join a panel to discuss the legal pathways for AI-based medical devices, addressing the challenges of securing FDA approval for innovative AI solutions in diagnostics therapeutics, and patient care.
Navigating Telehealth Compliance: Adapting to an Ever-Shifting Policy Landscape
On Sunday, May 4 at 3 p.m. CT, Nate Lacktman, partner and chair of the firm’s Telemedicine & Digital Health Team and member of ATA’s Board of Directors, will join a panel to share their insights and strategies in navigating compliance in today’s unpredictable regulatory landscape.
Remote Prescribing Redefined: Safeguarding Access & Patient Safety
On Monday, May 5 at 3 p.m. CT, Nathan Beaver, partner and co-chair of the firm’s Medical Device & Equipment Area of Focus, will join a deep dive with telehealth industry leaders to discuss the complexities of remote-controlled substance prescribing and how the health care industry can adapt to ensure both safety and accessibility.
