Vital Signs: Digital Health Law Update

With 2022 well underway, the rapid pace of statutory, regulatory, policy, and industry activities in digital health continues in force. We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. As telehealth services have become expected from consumers, U.S. federal coverage is extended and expanded, along with a recent legislative proposal of permanency for telehealth flexibility. Similarly, state jurisdictions are taking steps to relax modality requirements and enhance protections to consumer data and privacy, while state and local taxing authorities are seeking to claim their stake in income derived from remote activities. In our Industry Insights, you'll hear from experienced tax lawyers about state and local taxing authorities focused on digital health. We also report on new developments at the USPTO that affect digital health patent applications. Globally, you'll read about the numerous developments concerning data and privacy protection as digital health policy remains at forefront of jurisdictions throughout the EU. We thank our contributors and once again commit to continue to monitor and bring to you curated updates covering the myriad developments that will undoubtedly continue throughout 2022. The pandemic accelerated the learning curve for state tax agencies in the progress of remote work taxation. In 2020, a number of states issued guidance stating that the presence of a telecommuting employee whose work shifted to remote as a result of COVID-19, would not create a taxable connection ("nexus") with the state.