FTC Announces Final “Click to Cancel” Rule for Subscriptions, Memberships

The Federal Trade Commission (“FTC”) has just announced the final version of its “Click to Cancel” Rule for consumer software subscriptions. The Rule will go into effect 180 days after it is published with the Federal Register.  This Rule will directly apply to all digital health companies selling on a subscription basis to consumers. Full…

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California Adopts “Click to Cancel” Law to Regulate Consumer Subscriptions

California has just adopted the new “click to cancel” law that will regulate consumer subscriptions, along with memberships and other autorenewing or continuous service arrangements with consumers. AB 2863 amends California’s existing autorenewal law to add additional protections for consumers with respect to autorenewing or continuous billing charges. Digital health companies need to be aware…

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Kristie Prinz to Lead New Silicon Valley Group in ProVisors

I am pleased to announce that I am a new ProVisors home group leader in the Silicon Valley Region.  I will be leading the new Silicon Valley Virtual 1 Group, which will be an all-virtual home group for service providers engaged in Silicon Valley business.  The group will meet the first Friday of the month…

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Kristie Prinz to Speak at Practicing Law Institute Program

The Silicon Valley Digital Health Law Blog’s Kristie Prinz of The Prinz Law Office will be speaking at an upcoming one-day Practicing Law Institute Program to be held on October 9, 2024 at the PLI headquarters in San Francisco, California. Kristie will be speaking on “Drafting Privacy Policies for Devices with No User Interface –…

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Why A Sluggish Economy is the Perfect Time to Audit and Review Key Customer Contracts

It has become increasingly clear over the past few months that businesses are in a cost-cutting mode, as the economy has become more and more sluggish.  While your  digital health company is likely focusing on its own cost-cutting strategy, have you stopped to consider whether your most significant customers might be doing the same?   Is…

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California Telehealth Policy Coalition Presents Webinar on Cross-State Licensure and Compacts

The California Telehealth Policy Coalition presented a webinar last week on cross-state licensure and compacts, which provided an excellent overview of ongoing efforts in California and other states in facilitating cross-state licensure for physicians and other licensed providers.  The webinar is now publicly available for viewing at the following link: https://www.cchpca.org/resources/cross-state-licensure-compacts-webinar/.  The powerpoint is also…

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Digital Health Lawyer Kristie Prinz Selected to 2024 Super Lawyers Northern California List

The Prinz Law Office is pleased to announce that Silicon Valley Digital Health Law Blog’s Kristie Prinz has been selected to the 2024 Super Lawyers Northern California list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super…

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The Prinz Law Office Announces New Service Offerings Effective August 1, 2024

The Prinz Law Office has recently announced the launch of three new service offerings to our clients, which were effective August 1, 2024.  First, we have made available a new fractional counsel services plan for those of our clients seeking a recurring monthly arrangement with the firm based on an anticipated volume of work at…

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FTC Seeks to Expand Scope of “Negative Option Rule” to Apply to Subscriptions

As the Silicon Valley Digital Health Law Blog recently advised you, the FTC has just filed a complaint against a software company over its “Annual Paid Monthly” subscription contract.  The FTC has separately also sought the expansion of its “Negative Option Rule” to amend the provisions to specifically apply to subscriptions by adding a “Click…

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FTC Sues Software Company over Annual Paid Monthly Subscription Contract

The FTC has just taken enforcement action against a software company over its subscription contracting practices, filing a complaint against Adobe over its Annual Paid Monthly subscription contract and its consumer practices regarding the contract. A copy of the FTC complaint is linked here.  If your digital health company relies on a subscription-based revenue model,…

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Digital Health AI Start-Ups Concerned as California’s AI Legislation Moves Closer to Adoption

Many digital health AI start-ups are concerned as California’s controversial AI legislation moves closer to adoption by the California legislature.  The legislation is SB 1047: Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, and it would impose unprecedented new regulations on the development of AI.  A full copy of the bill has been linked…

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The Prinz Law Office Announces Launch of New Subscription Plans

The Prinz Law Office is pleased to announce the launch of a new subscription plan, which is intended to simplify the process of working with a lawyer for companies as well as individuals.  The firm’s subscription plans have been been designed to uniquely enable clients to hire and communicate with counsel without the fear or…

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HHS Publishes Proposed Rule Defining Information Blocking Penalties for Medical Providers

The Department of Health and Human Services (“HHS”), the Office of the National Coordinator for Health Information Technology (“ONC”) and the Centers for Medicare & Medicaid Services (“CMS”) have just published a proposed rule defining the consequences for medical providers who fail to comply with the new information blocking regulations. HHS previously established information blocking…

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DEA Extends COVID-19 Telemedicine Rules

The Drug Enforcement Administration (“DEA”), jointly with the Department of Health and Human Services (“HHS”), has announced that the current telemedicine regulations will continue in place through the end of December 31, 2024.  To view the full text of the announcement, please click here.  The full text of the extension is available here. The decision…

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New California Law to Mandate Release of VC Investment Diversity Information

Governor Newsom has just signed SB 54, which will require venture capital firms in the state of California to annually report the diversity of founders they are backing.  According to Tech Crunch’s reporting, SB 54 will result in amendments to the Business and Professional Code and also will amend part of the Government Code pertaining…

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FDA Releases Final Guidance on Cybersecurity for Medical Devices

The Food and Drug Administration (“FDA”) has issued final guidance to advice developers on their compliance obligations for premarket submissions.  To view the FDA’s finalized document, please click here: Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions (fda.gov).   The guidance issued by the FDA supersedes the earlier draft guidance issued on…

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HHS Issues Final Rule Implementing Information Blocking Penalties

The Department of Health and Human Services Office of Inspector General (“HHS-OIG”) recently issued on June 27, 2023 its final rule on information blocking penalties.  The final rule establishes statutory penalties for committing information blocking of up to a $1 million penalty per violation.  According to an HHS website, enforcement assessing penalties began as of…

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HIPAA Privacy Rule Update on Reproductive Health Anticipated

The final update to the HIPAA Privacy Rule on reproductive health is anticipated to be issued soon by the Department of Health and Human Services (“HHS”). HHS issued a Notice of Proposed Rulemaking on April 17, 2023 to solicit comments on its proposal to modify the Standards for Privacy of Individually Identifiable Health Information (“Privacy…

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ATA releases Toolkit Intended to Advise on Eliminating Disparities in Healthcare

The American Telemedicine Association has just released a new toolkit intended to help with assessing the impact of telehealth on addressing disparities in healthcare among communities.  Please click here to view the ATA Press Release, which announces the release and explains the significance. The toolkit, which was developed by an ATA advisory group, provides functionality…

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DEA Considers Regulations on the Prescribing of Controlled Substances via Telemedicine

The DEA conducted a two day listening session last week to receive practitioner comments on  regulations relating to the prescribing of controlled substances via telemedicine.   Transcripts of the public comments are available for viewing at this link:  https://www.deadiversion.usdoj.gov/Telemedicine_listening_session.html. According to reporting by Fierce HealthCare, the listening sessions were held in response to a backlash from…

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New HIPAA Security Rule Assessment Tool Released

If your company is currently subject to, or alternatively, may be subject in the future to HIPAA security requirements, you may be interested to know that the Office for Civil Rights (“OCR”) and the Office of the National Coordinator for Health Information Technology (“ONC”) have just released an updated version of their security assessment tool,…

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California Considers Adoption of Controversial Veterinary Telehealth Bill

The California legislature is currently considering a controversial new telehealth bill that would dramatically expand the access to veterinary care for animal patients located in California.  AB 1399 would change California’s existing law to permit a veterinarian-client-patient-relationship to be established solely via telemedicine.   Existing California law limits the practice of veterinary telemedicine to existing veterinarian-client-patient-relationships…

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Kristie Prinz to Present on Best Practices in Drafting Digital Health SaaS Contracts to Add & Retain Customers

Date: November 14, 2023 Price: $99 General Admission; $125 Late Admission Registration The digital health industry has exploded during the COVID-19 pandemic, resulting in an increasing number of digital health SaaS transactions. However, given the relative youth of the industry, few business lawyers or businesspeople negotiating digital health SaaS transactions are familiar with the best…

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The Risks of Closing a Deal by Signing the Customer Contract

Perhaps one of the very worst decisions I see digital health companies make is negotiating to close a deal by agreeing to sign the customer’s contract. While it can potentially save time and upfront legal fees to agree to sign the customer’s proposed contract and perhaps get cash in the door faster, the legal fallout…

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Will Your Digital Health Company’s Contracts be Vulnerable to a Recession?

If your digital health company is like most companies right now, your company is nervous about the possibility of an impending recession.  Of course, the real challenge is how to handle those nerves, and what steps your digital health company should take to better protect itself in the current environment.  The conventional wisdom is to…

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Talk with an Expert Series: Beau Fernald Shares Software Implementation Best Practices

  Silicon Valley Digital Health Law Blog’s Kristie Prinz recently sat down for an interview with Beau Fernald, Fractional COO and Principal of Aware Insights LLC to discuss the topic of software implementation. One of the most common drafting mistakes in digital health and software contracts is failing to sufficiently define the parties’ mutual expectations…

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Best Practices in Drafting Digital Health SaaS Contracts to Add & Retain Customers

The digital health industry has exploded during the COVID-19 pandemic, resulting in an increasing number of digital health SaaS transactions. However, given the relative youth of the industry, few business lawyers or businesspeople negotiating digital health SaaS transactions are familiar with the best practices to pursue in negotiating and drafting digital health contracts. Silicon Valley…

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The Prinz Law Office Adopts New Fixed & Subscription Billing Options

I am excited to announce that my firm is adopting a number of new options for working with our clients. We received feedback asking for new fixed rate and subscription packages for specific business scenarios, and in response to that feedback we have designed a variety of new packages designed around those requests. These options…

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Arbitration vs. Litigation in Digital Health Contracts: Which Option is “Better”?

I was recently asked by a client whether arbitration or litigation was “better.”  The issue had been raised by an attorney on the other side of the contract, who had not only tried to persuade my client to revise the specific clause in that case, but had also provided my client the unsolicited advice that…

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Introduction to Negotiating and Drafting SaaS Contracts

Date: June 17, 2022 Time: 10 a.m. PST Price:  $175.00  Register How are SaaS agreements unique from other technology contracts? What do you need to know to negotiate and draft them? Silicon Valley SaaS lawyer Kristie Prinz will present an introductory webinar on “Introduction to Negotiating & Drafting SaaS Contracts,” on June 17th at 10 a.m.…

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Introduction to Software Contracts Workshop for Lawyers

Date: May 21, 2022 Time: 9:00 a.m. PST Price: $699    Register Are you a lawyer who would like to expand your practice niche into the software transactions area? Would you like to know the basics about negotiating and drafting these types of agreements? Join Silicon Valley Digital Health Lawyer Kristie Prinz in an introductory software…

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Intro to Software Contracts for NonLawyers

Date: May 23, 2022 Time: 9 a.m. PST Price: $699  Register How are software contracts unique from other business contracts? What do you need to know to negotiate them? Silicon Valley Digital Health Lawyer Kristie Prinz will be teaching an introductory workshop on software contracts negotiation for nonlawyers. The virtual workshop will be interactive and…

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