Sunny J. Levine

Sunny’s practice focuses on healthcare regulatory compliance, telemedicine, digital health and health innovation, and she helps emerging and established companies navigate the complex intersection of state and federal healthcare laws and regulations.

Behavioral health providers face unique regulatory, operational and transactional challenges. She understands the complicated issues surrounding the industry – and she has a strong track record of adeptly advising providers, health systems and startups in this fast-changing space.

Sunny helps healthcare companies launch their businesses and determine optimal corporate structures. She assists clients as they expand into and maintain operations in multiple US states, as well as grow their businesses through acquisitions and investments. Sunny guides clients in ensuring compliance with the complex array of healthcare laws, rules and regulations. She also advises healthcare providers on state practice standards for various healthcare provider, government and commercial reimbursement issues, professional licensure, and the intersection of corporate and healthcare laws.

Sunny’s recent representative experience:

Behavioral health and substance use disorder treatment

• Advised various provider groups on the ability to utilize unlicensed coaches, as well as the distinction between licensed activity and wellness coaching in behavioral health offerings and nutritional coaching offerings*
• Assisted an opioid use disorder treatment company in adding telehealth to its model by determining substance use disorder licensing requirements, controlled substance prescribing limitations, opioid treatment prescribing requirements, and analyzing the interplay between telehealth and substance use disorder treatment in multiple states, which helped the company determine potential strategic market entry points for a successful launch and subsequent expansion*
• Assisted a “click-and-mortar” tele-behavioral health company in launching an opioid use disorder treatment service line, including reviewing state law on substance use disorder licensing, advising on prescribing Suboxone (buprenorphine) via telehealth under state and federal law, and reviewing a provider toolkit of legal and regulatory considerations for an opioid use disorder treatment program*
• Assisted in the formation and operationalization of a national provider-based behavioral health telehealth platform and the subsequent expansion through multiple US states – including advising on corporate structures, telehealth multistate practice, and licensure and supervision issues – which enabled the client to utilize internal resources to fill an area of need, rather than outsourcing the service*

Telemedicine and digital health

• Represented a direct-to-consumer telehealth company utilizing advanced practice registered nurses (APRNs) in a nationwide expansion by advising on scope of practice, collaborative practice, prescribing and telehealth practice standards in all 50 states, allowing the company to determine which states allow for a telehealth-only APRN model*
• Worked with a digital health company offering remote patient monitoring (RPM) services, advising on the development of its corporate structure across multiple states – including reimbursement and billing considerations, along with nurse practitioner, clinical staff, and auxiliary personnel scope of practice and supervision requirements – allowing the company to comply with regulatory requirements while launching a scalable, affordable staffing model for RPM*
• Helped a physical therapy technology company successfully create a national platform for delivering professional physical therapy services via telehealth by offering advice on corporate practice of physical therapy, creation of a multistate professional corporation model and the various requirements to create a valid therapist-patient relationship via telehealth*

* Representation handled prior to joining Cooley

Sunny’s speaking engagements:

• Speaker, “Regulatory Wrap-up: Digital Behavioral Health Changes in 2023,” Going Digital: 2023 Behavioral Health Tech Conference, November 5 – 7, 2023
• Speaker, “Regulatory Considerations Post-PHE,” Association of Community Cancer Centers’ Annual Meeting & Cancer Business Summit Conference, March 10, 2023
• Speaker, “Telehealth 101,” University of Florida Morsani College of Medicine, December 2, 2022
• Panelist, “The Current Telemental Health Landscape: A National and Local Perspective,” 8th Annual Telemental Health Grand Rounds, Maryland Telemental Health Program, April 21, 2022
• Panelist, “Panel on Telehealth Regulatory Updates,” University of Richmond Journal of Law and Technology’s Virtual Symposium, February 4, 2022