This program will address various legal, regulatory, and policy hurdles for health care businesses that venture into social media advertising and marketing, including relationships between health care providers and social media influencers. Nixon Peabody’s national health care and entertainment team will address key issues facing innovative digital health companies and traditional health care providers when engaging in online and social media marketing.
Our discussion will cover:
• fraud and abuse restrictions on referrals, including the federal Anti-Kickback Statute and the Stark Law;
• truth-in-advertising laws, including guidance from the Federal Trade Commission;
• state laws impacting advertising of physician services;
• evolving policies from social media companies, including Facebook’s recent changes to its policies around prescription drug advertising for online pharmacies, telehealth providers, and pharmaceutical manufacturers; and
• key considerations for content creators and influencers using these platforms to market health care services and products.
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