Marika Miller
Senior Counsel
Marika Miller is a telehealth and health care regulatory attorney and a member of the firm’s national Telemedicine & Digital Health Industry Team. Throughout her career, she has maintained a particular focus on telehealth regulatory matters and emerging care delivery models. Marika counsels telehealth providers, digital health and health care technology companies, physician groups, hospitals and health systems, pharmacies, and other health care providers on regulatory, operational, and compliance matters across virtual, hybrid, and brick-and-mortar care models.
Marika regularly advises clients on the legal and operational issues associated with developing, launching, and scaling health care delivery models, including:
- 50-state telehealth and digital health regulatory compliance, program and platform development, telehealth modality analysis, and billing and reimbursement matters
- Artificial intelligence in health care and other emerging digital health models
- Remote patient monitoring (RPM) (including remote physiologic monitoring and remote therapeutic monitoring (RTM)), chronic care management (CCM), advanced primary care management (APCM), and other care management services, including related compliance, billing and reimbursement, and the drafting and negotiation of related service arrangements
- Corporate practice of medicine compliance and structuring considerations
- Provider licensure, scope of practice, and supervision requirements across provider types
- Facility licensure and related applications
- Pharmacy licensure and related applications (including California Board of Pharmacy license applications), pharmacy change of ownership matters, and pharmacy regulatory compliance
- Medicare and Medicaid enrollment, changes of ownership and information applications, conditions of participation, and reimbursement matters
- Health care compliance programs, regulatory risk management, and fraud and abuse considerations
- Digital health transactions and health care regulatory due diligence for complex buy-side and sell-side transactions
- CMMI ACCESS Model applications and related implementation support
Prior to joining Foley, Marika practiced in the Health Care Practice Group of an AmLaw 25 law firm, where she was a member of the firm’s Digital Health team. In addition, she held in-house legal roles with two health care organizations, advising a broad range of health care providers, including:
- A nationwide telehealth provider
- A nationwide employer-sponsored health care provider
- A multi-state home-based care provider
- A nationwide mail-order pharmacy
- A nationwide specialty pharmacy with home infusion services
- A local children’s hospital with affiliated physician groups, ambulatory surgery centers, and a substance use disorder program
Drawing on both in-house and private practice experience, Marika brings a practical, business-oriented approach to complex regulatory challenges. She provides clear and actionable guidance to help clients expand services, manage risk, and navigate the evolving telehealth and health care regulatory landscape.
Representative Experience
- Advised on health care regulatory aspects of a $1.35 billion acquisition of a national pharmacy benefit and specialty drug management company.*
- Advised on the health care regulatory aspects of an approximately $250 million acquisition of a national specialty infusion and compounded sterile medications provider.*
- Advised on the health care regulatory aspects of an approximately $50 million acquisition of a national retail and specialty pharmacy platform.*
- Former in-house regulatory counsel to a national PBM and its national specialty and mail-order pharmacy affiliates.
- Advised on the health care regulatory aspects of multiple acquisitions of health care providers and services companies with transaction values ranging from approximately $50 million to over $1 billion.
- Advised retail, specialty, mail-order, and infusion pharmacies on state and federal health care regulatory matters, including licensure, dispensing, and operational compliance.
*Matters handled prior to joining Foley.
Affiliations
- Member, American Health Lawyers Association
- Member, Illinois Association of Healthcare Attorneys
- Member, American Telemedicine Association
Publications and Presentations
- Author, “Medicare Telehealth Flexibilities: Countdown to January 30, 2026 (and What Comes Next),” Health Care Law Today (January 29, 2026)
- 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)
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Medicare Telehealth Flexibilities: Countdown to January 30, 2026 (and What Comes Next)
Medicare Telehealth Flexibilities Have Expired
Medicare Telehealth Flexibilities: Countdown to September 30, 2025
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CY 2026 Medicare PFS Proposed Rule: Telehealth Takeaways
/Passle/67196104ea6deed3d1072b7a/MediaLibrary/Images/2025-05-28-15-03-24-750-683725bc9a01ca3cdaf959ec.jpg)
Remote Patient Monitoring (RPM) and Remote Therapeutic Monitoring (RTM): What You Need to Know About CMS’ Proposed Changes