Modern Health - Senior Counsel, Regulatory & Compliance

• Healthcare Regulatory & Product Counseling • Lead and provide practical, business-focused advice on healthcare regulatory issues, including leading guidance on applicable federal employer benefits regulations (e.g., ERISA, ACA market reforms), anti‑kickback, corporate practice of medicine, telehealth, professional licensure, and related state and federal laws regulating the provision of mental health and wellness services. • Counsel product, clinical, and operations teams on how to design, build, and launch products and features in a highly regulated environment, consistent with legal requirements and industry best practices. • Manage and coordinate U.S. and international regulatory reviews for new offerings and market expansions, including engagement with outside counsel as needed. • Monitor and analyze legislative, regulatory, and rule‑making developments in digital health and healthcare delivery that may impact Modern Health’s business objectives, and help shape Modern Health’s positions. • Serve as legal advisor on privacy and data governance, with a focus on healthcare privacy (e.g., HIPAA and analogous state laws) and global privacy frameworks (e.g., GDPR, ePrivacy, and other non‑U.S. regimes), as well as support the compliance efforts related to comprehensive U.S. state privacy laws (e.g., CCPA/CPRA) and the fulfillment of individual data rights (e.g., access, deletion, correction). • Partner with Engineering, Product, Security, Clinical, and Marketing to assess privacy and security risks and regulatory requirements related to Modern Health’s products, vendor ecosystem, and marketing/sales activities. • Support and help operationalize privacy‑by‑design across the product lifecycle, including privacy impact assessments, data mapping, consent and preference management, and user‑facing disclosures. • Draft, review, and negotiate privacy and data terms in vendor, customer, and partnership agreements, including data protection addenda, business associate agreements, and cross‑border transfer mechanisms. • Develop and maintain privacy policies, procedures, FAQs, playbooks, and training materials to support scalable, repeatable processes across the company. • AI Governance • Draft and advise on legal frameworks governing the ethical and compliant use of data for artificial intelligence (AI) and machine learning (ML) models, including data governance for training sets. • Advise on the legal and regulatory implications of AI/ML usage in mental health and wellness products, including guidance related to potential classification as a medical device (e.g., FDA guidance) or similar government oversight. • Develop and implement internal policies and procedures for responsible AI, focusing on mitigating algorithmic bias, ensuring transparency, and addressing issues of explainability and fairness. • Partner with Security, Product, Engineering, and Clinical teams to establish robust legal review and validation processes for AI/ML features before and after deployment. • Monitor and advise on emerging federal and state legislation and global regulations related to AI (e.g., the EU AI Act) and assess their potential impact on Modern Health's global strategy and operations. • Compliance & Risk Management • Help support Modern Health’s regulatory and compliance frameworks, including internal structures and processes appropriate for a fast‑growing, global health technology company. • Assess and prioritize regulatory, privacy, and compliance risk areas, and help design and implement risk mitigation strategies, including the development and operationalization of internal policies, procedures, and controls. • Support compliance certifications, audits, and internal reviews to confirm adherence to company policies and applicable federal, state, and international laws and regulations. • Contribute to the vetting and ongoing oversight of third‑party suppliers, including review of “red flags” and escalation of issues as appropriate. • Cross‑Functional Partnership & Leadership • Act as a thought partner to senior leaders and cross‑functional stakeholders on digital health, regulatory, privacy ,AI, and compliance strategy. • Collaborate closely with other members of the Legal and Compliance team to ensure consistency of advice and alignment with company objectives. • Help prepare clear, concise reports and updates for executive leadership and, as appropriate, the Board regarding key regulatory and compliance risks and initiatives.