Kristen A. Murphy

Kristen Murphy is an associate with Foley & Lardner LLP based in the firm’s Tampa office where she is a member of the Health Care Practice Group and national Telemedicine & Digital Health Industry Team. Kristen focuses her practice on regulatory, compliance, and business issues in the health care industry, with an emphasis on telemedicine, telehealth, and digital health. 

Telemedicine, Telehealth, and Digital Health

"Foley is the premier firm for telehealth counsel."
"A market leader in telemedicine issues." "This is the Dream Team."
      - Chambers USA: America's Leading Business Lawyers (2020 - 2021)

Kristen assists with the launch of emerging digital health company operations in multiple states throughout the country. She helps clients navigate regulatory, legal, and compliance issues in order to build scalable, sustainable virtual care services. Sample projects include:

• Advising on compliance with state and federal laws affecting multistate licensure and scope of practice issues for direct-to-patient, peer-to-peer and remote patient monitoring telemedicine business models.
• Navigating regulatory issues in establishing regional and national telemedicine networks.
• Drafting virtual care terms of service, provider terms of use, notice of privacy practices, consent forms, authorization forms, patient authentication and verification documents, e-signatures, payment acknowledgements, employment agreements, independent contractor agreements, and the multitude of operational documents associated with telehealth practices.
• Advising on federal and state requirements for remote prescribing, including controlled substances and federal regulations under the Ryan Haight Act.
• Providing fraud and abuse guidance for telemedicine companies with multi-state footprints, including anti-kickback statutes, physician self-referral laws, fee splitting rules, health care marketing, and corporate practice of medicine.
• Analyzing corporate practice of medicine and compliance considerations for virtual care physician services across the country.

Professional Memberships

• American Bar Association
• American Health Lawyers Association
• The Florida Bar
• Health Law Section
• Hillsborough County Bar Association
• Health Law Section

• American Telemedicine Association Special Interest Group (SIG) Member;
  • Async Telehealth SIG: Hybrid care will be the new normal and we must implement rules and regulations at the state and federal levels that will allow for asynchronous telehealth to be advanced as it meet patients where they are, addresses digital barriers to access, helps patients to overcomes shame and stigma, and relieves provider burnout and burdens. 

Recognition

• Received, Best Lawyers: Ones to Watch recognition for Health Care Law (2023)

Education

• JD, University of Florida Fredric G. Levin College of Law, cum laude (2016)
• BS, University of Florida, cum laude (2013)

Admissions

• Florida
• Florida State Courts