Senior Counsel, Regulatory & Compliance

The Role:

As Senior Counsel, Regulatory & Compliance, you will be a senior member of the Legal team responsible for healthcare regulatory, privacy, AI, product, and compliance matters arising from Modern Health’s provision of mental health and well‑being services through our digital platform.

You will work closely with our clinical, product/engineering, security, operations, marketing, sales, people, and finance teams, and will collaborate with almost every function at the company. Reporting to the Senior Vice President, Deputy General Counsel, Compliance & Privacy Officer, you will serve as a key advisor to the business, helping Modern Health navigate complex healthcare regulatory regimes while enabling thoughtful, compliant innovation.

What You’ll Do:

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.

Privacy & Data Governance 

• 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.

Who You Are:

• Experience: Approximately 8-10 years of combined healthcare regulatory, privacy, product counseling, and/or compliance experience, including time at a healthcare or health technology company operating in a heavily regulated space, a mid‑ to large‑sized law firm, and/or a government agency.
• Education: J.D. from a top‑tier law school (or equivalent) with strong academic credentials; admission to at least one U.S. state bar in good standing.
• Healthcare Regulatory Expertise: Meaningful experience advising on U.S. healthcare regulatory matters, such as ERISA/ACA Market reforms, anti‑kickback laws, corporate practice restrictions, telehealth, professional licensure, and related state and federal regimes.
• Privacy & Data Protection: Familiarity with healthcare privacy laws (e.g., HIPAA and state health privacy laws) and major U.S. state and global privacy frameworks (e.g., CCPA/CPRA, GDPR), with experience applying these in product or operational contexts.
• Product & Technology Counseling: Demonstrated experience advising on digital health or technology products, including counseling on launches and ongoing product development in a regulated environment.
• AI/ML Legal & Policy Experience: Demonstrated experience advising on the legal, regulatory, and policy issues surrounding the development and deployment of artificial intelligence and machine learning models in a regulated industry, including responsible AI principles, data governance for training, and knowledge of emerging global AI regulations (e.g., EU AI Act).
• Compliance & Operations: Experience helping to build or operationalize compliance programs in healthcare or another highly regulated industry (e.g., policies and procedures, training, investigations, audits, or certifications).
• Cross‑Functional Collaboration: Proven ability to work effectively with technical and non‑technical teams (e.g., engineering, clinical, operations, marketing, sales, security) and with senior leadership to achieve regulatory and compliance objectives.
• Business‑Oriented Judgment: Strategic thinker with excellent legal and business judgment, able to provide practical, risk‑balanced advice under time pressure and with incomplete information.
• Communication & Execution: Extremely strong written and oral communication skills, with excellent organizational, project management, analytical, and problem‑solving abilities; adept at operating in a fast‑paced, dynamic environment and managing competing priorities.
• Mindset: Curious, low‑ego, and collaborative, with a strong sense of integrity and a genuine interest in Modern Health’s mission and the evolving digital health landscape.

Benefits:

Fundamentals:

• Medical / Dental / Vision / Disability / Life Insurance 
• High Deductible Health Plan with Health Savings Account (HSA) option
• Flexible Spending Account (FSA)
• Access to coaches and therapists through Modern Health's platform
• Flexible Time Off 
• Company-wide Collective Pause Days 

Family Support:

• Parental Leave Policy 
• Family Forming Benefit through Carrot
• Family Assistance Benefit through UrbanSitter

Professional Development:

• Professional Development Stipend

Financial Wellness:

• 401k
• Financial Planning Benefit through Origin

But wait there’s more…! 

• Annual Wellness Stipend to use on items that promote your overall well being 
• New Hire Stipend to help cover work-from-home setup costs
• ModSquad Community: Virtual events like active ERGs, holiday themed activities, team-building events and more
• Monthly Cell Phone Reimbursement