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Digital Health


    • Provided state and federal health care regulatory advice to American Well, a pioneer in telehealth technology.
    • Represented a retailer in connection with its recently launched ocular telehealth initiative.
    • Provided a reimbursement landscape assessment, specific to private insurance coverage policies, for a new medical device company. The assessment involved a coding analysis, a survey of coverage practices and categorization of such coverage policies into trends, and overall reimbursement landscape advice.
    • Advised a client that offers a monitoring service to hospitals and physicians through a smartphone application on whether its provision of medical equipment (a scale and a blood pressure cuff) to pregnant women could implicate the beneficiary inducement prohibition in the federal civil monetary penalties law.
    • Provided strategic advice to a clinical data analytics firm for compliance with evolving federal and state privacy and security requirements and simplifying transactions administratively while maximizing the utility data for its customers.
    • Represented an international diagnostics and laboratory services company in a negotiation of an agreement with a health IT company in which the laboratory will resell the health IT company’s EMR solution to its clients.
    • Advised an online behavioral health company on online contracting, licensing, distribution and privacy and security matters.
    • Negotiated an agreement with a health IT company on behalf of a large health care system, including licensing the IT company’s data warehouse product and purchasing implementation and maintenance services.
    • Represented a large hospital system in connection with its telehealth initiatives and related corporate structuring issues. Our work included setting up a physician organization and qualifying that organization to provide services in multiple states.
    • Represented the State of Vermont in the negotiation of major systems integration, infrastructure, and cloud services contracts for the establishment and ongoing operation of the state health insurance exchange.
    • Preservation Wellness Technologies LLC v. NextGen Healthcare Information Systems LLC, et al, 2016-2193, 2016-2194, 2016-2195 (Fed. Cir.) - Successfully argued at the Court of Appeals for the Federal Circuit to affirm an Eastern District of Texas ruling from May 2016 that held unpatentable a medical records patent asserted by Preservation Wellness against long-time client NextGen Healthcare. Mintz also argued on behalf of co-appellees Allscripts Healthcare Solutions Inc. and Epic Systems Corp. NextGen Healthcare provides electronic health record, financial, and health information exchange solutions for myriad healthcare organizations and the infringement allegations threatened “Patient Portal,” a key component of the company’s service.
    • Represented a large academic health system and affiliated medical school in connection with an investment in, and beta test agreement with a data analytics company.
    Case Study
    Mintz helped a client that makes patient monitoring systems move a patent defense case to a favorable forum, challenge the plaintiff’s infringement allegations, and win a partial concession of non-infringement, prompting the plaintiff to accept our client's offer of judgment before the start of discovery.
    Case Study
    Mintz attorneys served as lead lawyers in the negotiation of a transaction for the procurement of a software as a service (SaaS) care management platform. The resulting arrangement greatly bolstered our client's bottom line.
    Case Study
    Mintz represents health care technology company Royal Philips of the Netherlands in real estate matters. Mintz attorneys assisted Philips with a Massachusetts lease at Cambridge Crossing, a Cambridge-Somerville development, for the company's new North American headquarters.
    Case Study
    Mintz was lead counsel to Beth Israel Deaconess Medical Center in the sale of BIDMC’s hospital-built electronic health records platform to Athenahealth. Mintz also helped negotiate an agreement for BIDMC’s physician network to use the multiuse Athena’s platform.
    Case Study
    Mintz’s Health Law attorneys advised telehealth technology company American Well on state regulatory issues related to developing a national medical group with 24 / 7 availability. The firm’s Corporate attorneys handled the technology licensing and contracts with partners.
    Case Study
    Mintz’s US Court of Appeals for the Federal Circuit win for NextGen affirmed a lower court’s dismissal of a patent infringement case targeting NextGen’s Patient Portal program. The appellate court affirmed that patents directed to longstanding methods of organizing human activity are unpatentable.