Marika Miller headshot.

Marika Miller

Associate

Marika Miller is a telehealth and healthcare regulatory lawyer and is a member of the firm’s national Telemedicine & Digital Health Industry Team. She advises start-up and established telehealth and digital health companies, physician groups, hospitals and health systems, pharmacies, and other health care providers on health care regulatory and compliance matters.

Marika’s expertise is focused on state professional and facility standards and reimbursement considerations for health care providers, whether their practice is virtual, brick-and-mortar, or a hybrid model. Marika provides strategic, comprehensive advice on telehealth professional standards, such as licensure, permitted telehealth modalities, consent requirements, and the nuances of establishing a provider-patient relationship and prescribing via telehealth. She is well-versed in provider and facility licensure, scope of practice, supervision and collaborative practice requirements, and the corporate practice doctrine. Her practice also involves guiding clients through Medicare and Medicaid enrollment while advising telehealth providers on potential barriers to practice, such as in-state location requirements, covered telehealth modalities, and billing and reimbursement issues.

Marika is dedicated to delivering practical and comprehensive solutions that help clients navigate multi-state regulatory demands and achieve operational efficiency. Leveraging her extensive experience, she assists clients in adapting to legal and regulatory changes and the evolving telehealth and digital health landscape. Her approach focuses on providing scalable solutions that enable clients to expand their services effectively and sustainably.

Affiliations

  • Member, American Health Lawyers Association
  • Member, Illinois Association of Healthcare Attorneys
  • Member, American Telemedicine Association

Publications and Presentations

  • Author, “Medicare Telehealth Flexibilities Have Expired,” Health Care Law Today (October 1, 2025)
  • Author, “Medicare Telehealth Flexibilities: Countdown to September 30, 2025,” Health Care Law Today (September 11, 2025)
  • Co-author, “CY 2026 Medicare PFS Proposed Rule: Telehealth Takeaways,” Health Care Law Today (August 19, 2025)
  • Co-author, “Remote Patient Monitoring (RPM) and Remote Therapeutic Monitoring (RTM): What You Need to Know About CMS’ Proposed Changes,” Health Care Law Today (July 30, 2025)
  • Author, “What’s Next for Telehealth and Digital Health Policy? Five Trends to Watch in 2025,” Health Care & Life Sciences Top Trends for 2025 (March 25, 2025)
  • Co-author, “DEA Buprenorphine Rule Delayed to December 31, 2025,” Health Care Law Today (March 25, 2025)
  • “What DEA’s special registrations mean for telehealth prescribing,” TechTarget (February 20, 2025) (quoted)
  • “What DEA’s special registrations mean for telehealth prescribing,” Xtelligent Virtual Healthcare (February 20, 2025) (quoted)
  • Speaker, “Status Update: Medicare Telehealth Reimbursement,” Kentucky Rural Telehealth Summit (February 19, 2025)
  • “DEA, HHS delay effective date of virtual OUD prescribing rule to March,” Fierce Healthcare (February 18, 2025) (quoted)
  • Co-author, “DEA Delays Final Buprenorphine Rule,” Health Care Blog (February 18, 2025)
  • “The fate of virtual OUD treatment lies in a mess of intertwined final and proposed regulations,” Fierce Healthcare (February 7, 2025) (quoted)
  • “Pandemic Expansion of Medicare Telehealth Coverage Set to End March 31,” Pulmonology Advisor (January 31, 2025) (quoted)
  • “Prescribing Pullback: Telehealth Advocates Ask Trump to Withdraw DEA Proposal,” healthleaders (January 22, 2025) (quoted)
  • Co-author, “DEA Unveils Long-Overdue Special Registration for Telemedicine in Proposed Rule,” Health Care Law Today (January 21, 2025)
  • “DEA Proposes a Special Registry for Telehealth Providers of Controlled Substances,” MedPage Today (January 16, 2025) (quoted)
  • Co-author, “DEA Tightens Buprenorphine Telemedicine Prescribing Rules,” Health Care Law Today (January 16, 2025)
  • “DEA unveils telehealth rules for Adderall, buprenorphine, other controlled medications,” STAT (January 15, 2025) (quoted)
  • Co-author, “Medicare Telehealth Flexibilities Get a Three-Month Lifeline,” Health Care Law Today (December 23, 2024), republished in Chicago Medicine’s February 2025 issue
  • Co-author, “New DEA Rule Extends Controlled Substance Telemedicine Prescribing Flexibilities One More Year,” Health Care Law Today (November 18, 2024)
  • Co-author, “New DEA Rule Expected to Extend Controlled Substance Telemedicine Prescribing Flexibilities Through 2025,” Health Care Law Today (October 17, 2024)
Close-up of a paperclip securing a Medicare card and documents, with "Medicare" clearly visible—an image often seen in a corporate law office or among lawyers in Chicago handling sensitive client information.
October 1, 2025 Health Care Law Today

Medicare Telehealth Flexibilities Have Expired

With no FY 2026 spending bill passed, the government shutdown triggered a rollback to pre-pandemic Medicare telehealth reimbursement policies, limiting patient locations and eligible providers and requiring in-person visits at certain intervals for mental health services; find a summary here.
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September 11, 2025

Medicare Telehealth Flexibilities: Countdown to September 30, 2025

As things stand today, it is uncertain whether the Medicare telehealth flexibilities will be extended. Although Congress faces tight fiscal constraints and competing priorities, there continues to be strong bipartisan support for maintaining telehealth access, making another extension likely but not guaranteed. Below, we discuss what is at stake, what actions are currently on the table, and what telehealth stakeholders can do to help move the needle.
August 19, 2025 Health Care Law Today

CY 2026 Medicare PFS Proposed Rule: Telehealth Takeaways

In July 2025, the Centers for Medicare & Medicaid Services (CMS) released the CY 2026 Medicare Physician Fee Schedule (PFS) proposed rule...
July 30, 2025 Health Care Law Today

Remote Patient Monitoring (RPM) and Remote Therapeutic Monitoring (RTM): What You Need to Know About CMS’ Proposed Changes

On July 14, 2025, the Centers for Medicare and Medicaid Services (CMS) proposed key changes to remote patient monitoring (RPM) and remote...
A person in medical scrubs uses a tablet at a white desk, wearing a smartwatch and an ID badge. Their face is not visible, suggesting routine tech use in busy law offices or even a corporate law office environment.
May 3, 2025 Events

Foley & Lardner at ATA Nexus 2025: Advancing Innovation in Digital Health

A stethoscope rests on a calendar with a pen and notebook nearby, suggesting scheduled healthcare planning—much like how law offices coordinate appointments for lawyers in Chicago.
March 25, 2025 Health Care Law Today

DEA Buprenorphine Rule Delayed to December 31, 2025

The U.S. Department of Health and Human Services and the Drug Enforcement Administration have postponed the effective date of the final rule regarding telemedicine prescribing of buprenorphine to December 31, 2025.