Marika Miller headshot.

Marika Miller

Associate

Marika Miller is a telehealth and healthcare regulatory lawyer and is a member of the firm’s national Telemedicine & Digital Health Industry Team. She advises start-up and established telehealth and digital health companies, physician groups, hospitals and health systems, pharmacies, and other health care providers on health care regulatory and compliance matters.

Marika’s expertise is focused on state professional and facility standards and reimbursement considerations for health care providers, whether their practice is virtual, brick-and-mortar, or a hybrid model. Marika provides strategic, comprehensive advice on telehealth professional standards, such as licensure, permitted telehealth modalities, consent requirements, and the nuances of establishing a provider-patient relationship and prescribing via telehealth. She is well-versed in provider and facility licensure, scope of practice, supervision and collaborative practice requirements, and the corporate practice doctrine. Her practice also involves guiding clients through Medicare and Medicaid enrollment while advising telehealth providers on potential barriers to practice, such as in-state location requirements, covered telehealth modalities, and billing and reimbursement issues.

Marika is dedicated to delivering practical and comprehensive solutions that help clients navigate multi-state regulatory demands and achieve operational efficiency. Leveraging her extensive experience, she assists clients in adapting to legal and regulatory changes and the evolving telehealth and digital health landscape. Her approach focuses on providing scalable solutions that enable clients to expand their services effectively and sustainably.

Affiliations

  • Member, American Health Lawyers Association
  • Member, Illinois Association of Healthcare Attorneys
  • Member, American Telemedicine Association

Publications and Presentations

  • Author, “What’s Next for Telehealth and Digital Health Policy? Five Trends to Watch in 2025,” Health Care & Life Sciences Top Trends for 2025 (March 25, 2025)
  • Co-author, “DEA Buprenorphine Rule Delayed to December 31, 2025,” Health Care Law Today (March 25, 2025)
  • “What DEA’s special registrations mean for telehealth prescribing,” TechTarget (February 20, 2025) (quoted)
  • “What DEA’s special registrations mean for telehealth prescribing,” Xtelligent Virtual Healthcare (February 20, 2025) (quoted)
  • Speaker, “Status Update: Medicare Telehealth Reimbursement,” Kentucky Rural Telehealth Summit (February 19, 2025)
  • “DEA, HHS delay effective date of virtual OUD prescribing rule to March,” Fierce Healthcare (February 18, 2025) (quoted)
  • Co-author, “DEA Delays Final Buprenorphine Rule,” Health Care Blog (February 18, 2025)
  • “The fate of virtual OUD treatment lies in a mess of intertwined final and proposed regulations,” Fierce Healthcare (February 7, 2025) (quoted)
  • “Pandemic Expansion of Medicare Telehealth Coverage Set to End March 31,” Pulmonology Advisor (January 31, 2025) (quoted)
  • “Prescribing Pullback: Telehealth Advocates Ask Trump to Withdraw DEA Proposal,” healthleaders (January 22, 2025) (quoted)
  • Co-author, “DEA Unveils Long-Overdue Special Registration for Telemedicine in Proposed Rule,” Health Care Law Today (January 21, 2025)
  • “DEA Proposes a Special Registry for Telehealth Providers of Controlled Substances,” MedPage Today (January 16, 2025) (quoted)
  • Co-author, “DEA Tightens Buprenorphine Telemedicine Prescribing Rules,” Health Care Law Today (January 16, 2025)
  • “DEA unveils telehealth rules for Adderall, buprenorphine, other controlled medications,” STAT (January 15, 2025) (quoted)
  • Co-author, “Medicare Telehealth Flexibilities Get a Three-Month Lifeline,” Health Care Law Today (December 23, 2024), republished in Chicago Medicine’s February 2025 issue
  • Co-author, “New DEA Rule Extends Controlled Substance Telemedicine Prescribing Flexibilities One More Year,” Health Care Law Today (November 18, 2024)
  • Co-author, “New DEA Rule Expected to Extend Controlled Substance Telemedicine Prescribing Flexibilities Through 2025,” Health Care Law Today (October 17, 2024)
25 March 2025 Health Care Law Today

DEA Buprenorphine Rule Delayed to December 31, 2025

The U.S. Department of Health and Human Services and the Drug Enforcement Administration have postponed the effective date of the final rule regarding telemedicine prescribing of buprenorphine to December 31, 2025.
03 May 2025 Events

American Telemedicine Association Nexus 2025

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.  
20 February 2025 In the News

Marika Miller Assesses DEA Special Registrations for Telehealth

Foley & Lardner LLP attorney Marika Miller commented in the TechTarget article, "What DEA's special registrations mean for telehealth prescribing," describing the intent and potential ramifications of the U.S. Drug Enforcement Administration's proposed rule for the telehealth industry.
18 February 2025

DEA Delays Final Buprenorphine Rule

The Department of Health and Human Services and the Drug Enforcement Administration have delayed the effective date of the final rule regarding telemedicine prescribing of buprenorphine to March 21, 2025, and have requested public comments on the rule.
19 February 2025 Events

Status Update: Medicare Telehealth Reimbursement

Foley telehealth attorney Marika Miller is speaking in the Kentucky Rural Telehealth Summit’s webinar “Status Update: Medicare Telehealth Reimbursement” on Wednesday, February 19, 2025.
07 February 2025 In the News

Marika Miller and Alexandra Maulden Quoted on OUD Treatment Rules

Foley & Lardner LLP attorneys Marika Miller and Alexandra Maulden are quoted in the Fierce Healthcare article, "The fate of virtual OUD treatment lies in a mess of intertwined final and proposed regulations."