Situation: Client developing new business technologies in healthcare
- Technology application was new
- Regulatory guidance was unclear
- Previous counsel advised client to abandon business plan
Legal Issues:
- Client’s proposed business model involved providers sending text messages to patients
- Federal and state regulations — including HIPAA — affected viability of client’s business model
- Legal structures needed to permit further development and deployment of business model within context of rapidly-developing regulatory scheme
Legal Solution:
- Research myriad federal regulations, including HIPAA and TCPA
- Research state regulations regarding health care information, information security and electronic signatures
- Develop legal analysis supporting client’s business model
- Create with client unique consenting and workflow processes enabling client’s business model
Outcome:
- Client launched real time patient engagement platform with robust back-end analytic tools
- Client company was acquired by larger entity approximately 4 years after launch
Posted in Corporate Compliance, Corporate Counsel, Healthcare, Information Technology, Operations, Regulatory Affairs
