Structuring Telemedicine Agreements for Healthcare Organizations, Physician Groups and Telemedicine Practitioners

Navigating Regulatory Compliance and Corporate Practice of Medicine Issues, Negotiating Key Provisions

A live 90-minute CLE webinar with interactive Q&A

Wednesday, September 27, 2017 (in 5 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will provide healthcare counsel with guidance for drafting and negotiating telemedicine agreements on behalf of telemedicine/mobile health (mHealth) companies, healthcare organizations, physician groups and telemedicine end-users. The panel will discuss current trends in contract negotiations, key provisions in the agreements, and strategies for resolving common areas of dispute.


To improve patient access and quality of care, and due to recent developments in technology and delivery systems, healthcare providers are increasingly using telemedicine solutions, or patient clinical services provided by distant practitioners using electronic communication methods.

As telemedicine expands and reliance on telemedicine practitioners grows, healthcare counsel, organizations and practitioners must carefully negotiate and structure agreements to ensure regulatory compliance, navigate risks that come with implementing telemedicine practices, provide quality care, and minimize liability. The evolving telemedicine landscape highlights the need for multiple agreements, as no single agreement will address the varied components of a telemedicine arrangement.

Depending on the purpose of the telemedicine agreement, several issues must be addressed in advance of any business relationship, including intellectual property issues, business transactional issues, FDA compliance, cybersecurity insurance, patient privacy, information security, fraud and abuse concerns, and reimbursement. Further, parties to telemedicine agreements must anticipate areas of dispute and take steps to minimize potential exposure for nonperformance of obligations under an agreement.

Listen as the panel offers best practices for negotiating and structuring telemedicine agreements. The panel will discuss current trends in telemedicine practices and contract negotiations, the various agreements that should be considered, key provisions in telemedicine agreements, and strategies for resolving common areas of dispute.


  1. Telemedicine trends and emerging platforms
  2. Types of telemedicine agreements
  3. Regulatory compliance issues
  4. Key provisions
  5. Best practices to minimize liability


The panel will review these and other key issues:

  • What are the different types of telemedicine agreements that may be needed for successful telemedicine practitioners/end-users?
  • What are the key provisions that should be included in a telemedicine agreement from the telemedicine companies’ perspective?
  • What are the regulatory compliance challenges facing telemedicine/mHealth companies that must be considered when structuring the telemedicine agreement?
  • What steps should be taken when drafting telemedicine agreements to ensure quality care and minimize exposure for noncompliance of obligations under the contract?


Marshall E. Jackson, Jr.
McDermott Will & Emery, Washington, D.C.

Mr. Jackson focuses his practice on transactional and regulatory counseling for clients in the healthcare industry, as well as advises clients on the legal, regulatory and compliance aspects of digital health. He advises healthcare providers, private equity firms and their portfolio companies, and technology companies involved in “digital health” – the intersection of health software applications, analytical tools, medical technology and electronic data assets enabled by the internet and mobile devices – on a variety of legal, regulatory and compliance matters with a particular focus on digital health topics, including telehealth, telemedicine, mobile health and consumer wellness.

Ryan S. Johnson, Shareholder
Fredrikson & Byron, Minneapolis

Mr. Johnson represents clients in a variety of transactions. He structures and negotiates acquisitions, financings, equity offerings, joint ventures, strategic alliances, technology development and IP licensing arrangements. He also advises clients on a wide variety of regulatory and compliance matters, including FDA rules, state and federal privacy and security laws, fraud and abuse prohibitions.

Erin S. Whaley, Partner
Troutman Sanders, Richmond, Va.

Ms. Whaley’s corporate and regulatory experience includes advising providers on healthcare operational regulatory issues, corporate issues such as IT contracting, physician contracting and joint venture opportunities, and compliance issues. Her health IT experience includes representing providers in the negotiation of various health IT contracts including electronic health records, revenue cycle management, population health and telehealth contracts. Ms. Whaley also represents health IT vendors on corporate and regulatory issues.

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This webinar is eligible for at least 1.5 general CLE credits.

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Customer Reviews

I thought the webinar was timely and relevant.  Great speakers and excellent information.

Nancy Sever

Crystal Run Healthcare

The materials were excellent and well organized.

Kevin Duthoy

Bewley, Lassleben & Miller

I enjoyed the programs content and the speaker's perspectives.

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Wade Goldstein Landau & Abruzzo

Excellent presentation.

Barry Jasilli

CVS Caremark

The seminar was very informative and detailed, and I enjoyed the different perspectives of the speakers.

Melanie Martin

Cozen O'Connor

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Health Law Advisory Board

Lowell C. Brown


Arent Fox

Jennifer L. Evans



Ryan S. Johnson


Fredrikson & Byron

Gina M. Kastel


Faegre Baker Daniels

Karen S. Lovitch


Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko


Proskauer Rose

John J. Miles

Senior Counsel

Baker Donelson

C. Elizabeth O'Keeffe


Wyatt, Tarrant & Combs

J. Peter Rich


McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz


Foley & Lardner

John R. Washlick


Buchanan Ingersoll & Rooney

Jesse A. Witten


Drinker Biddle & Reath

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