Digital Health Care

Overview

Alston & Bird works with clients on the forefront of the digital transformation of health care. We have a wealth of experience with business, regulatory, and policy issues in the telemedicine and telehealth areas. We have helped health systems and hospitals with telehealth-related issues, including overcoming reimbursement, licensure, and compliance challenges. We have counseled national and regional health systems, global and national pharmaceutical and medical device manufacturers and distributors, and smaller companies and health IT startups in this important and fast-moving area. We have also worked with payors to examine innovative ways to look at payment structures for these new and rapidly developing products and services.

In addition to providing regulatory counsel and policy advice to clients on these evolving issues, we also frequently represent clients facing government investigations, civil enforcement actions, and litigation related to digital health. While the government has in many ways encouraged providers and vendors to embrace changing models of health care delivery, technology, and payment systems, its regulators have also made it an express priority to monitor telehealth usage and protect against fraud and abuse. Our health care litigators and government investigations attorneys are uniquely qualified to defend companies in government enforcement actions and litigation arising in this space.

During the coronavirus pandemic, we assisted several provider clients with rapidly establishing or significantly growing their telehealth capabilities, including conducting comprehensive compliance reviews of telehealth programs.

Health Data Monetization

Building Value Without Inviting Risk

Health care organizations generate vast amounts of data. Health data is a critical strategic asset, driving economic benefit and powering innovation, operational efficiency, and the integration of artificial intelligence across the industry. As companies explore responsible ways to leverage and monetize this data, they face complex and evolving legal, regulatory, and ethical challenges shaped by privacy and security laws, policies, contracts, and scrutiny from regulators and consumers.

Our Health Data Monetization video series shares practical insights on managing risk, responding to regulators and litigants, and positioning health data projects for long-term success.

Series Overview

Alston & Bird helps clients navigate these challenges across the full lifecycle of health data-driven initiatives. In the overview video for our Health Data Monetization series, Sean Sullivan, Andrew Liebler, Jen Pike, Jennifer Everett, Zack Higbee, David Carpenter, and Dan Felz introduce their vision for the series and what you can expect.

From Data to Durable Growth

In the first video of our Health Data Monetization series, Dan Felz explains what “data monetization” really means for health care and data‑driven companies—moving beyond the simple sale of data to a broader strategy for data‑driven growth. He outlines common monetization models, from internal analytics and AI to partnerships and research, and underscores why market-ready governance is essential to scaling these initiatives responsibly. Dan also highlights the legal team’s critical role in evaluating de‑identification and anonymization claims to ensure data strategies are both defensible and marketable.

Designing Privacy-First Monetization

In the second video of the Health Data Monetization series, Jennifer Everett explores how organizations can unlock the value of health data while navigating an increasingly complex privacy and regulatory landscape. She breaks down what health data monetization truly entails, why HIPAA is only part of the story, and how considerations such as AI governance, downstream use, and national-security rules shape modern data strategies. The discussion offers a practical, trust-first framework for responsible innovation with health data.

Aligning Innovation with Regulation

In this video, Sean Sullivan explains how fraud and abuse laws, information blocking rules, and corporate practice of medicine considerations shape data‑driven business models. He highlights practical ways to design compliant strategies that support innovation and long‑term growth. As data, analytics, and AI become central to health care business models, understanding these regulatory guardrails is critical to building solutions that scale and endure.

A HIPAA Framework

In this video, Jen Pike provides a practical, high level overview of how the Health Insurance Portability and Accountability Act (HIPAA) shapes health care data monetization strategies. What qualifies as protected health information, how do HIPAA permissions differ for covered entities and business associates, and how can de-identification unlock data monetization strategies? Jen also explains why business associate agreements (BAA) are often the gating issue for data use and why careful BAA review is critical before pursuing any data driven initiative.