Healthcare Counsel

Overview

A growth-stage foodtech company is seeking a fractional Healthcare & Commercial Counsel to support the rapid expansion of its B2B line of business. This role is designed for an experienced healthcare attorney interested in meaningful, substantive work without a full-time commitment. The position involves serving as the embedded legal partner for the B2B commercial team, advising on commercial and healthcare regulatory matters, and collaborating closely with the General Counsel. This is a non-litigation role focused on advisory, transactional, commercial, and compliance work.

Responsibilities

• Act as the day-to-day healthcare advisor to the B2B team on deals, product launches, and operational questions involving healthcare counterparties such as payors, providers, Medicare Advantage plans, managed care organizations, digital health, and employer health programs.
• Draft, review, and negotiate B2B contracts including master services agreements, statements of work, Business Associate Agreements (BAAs), data use agreements, and program-specific addenda.
• Lead HIPAA compliance efforts for the B2B line by structuring BAAs, advising on permitted uses and disclosures of Protected Health Information (PHI), evaluating data flows, and partnering with security, product, and engineering teams on safeguards and minimum-necessary analysis.
• Provide guidance on Food is Medicine, Medically Tailored Meals, supplemental benefits (including Medicare Advantage SSBCI and SNP frameworks), Medicaid 1115 waivers, and similar healthcare-funded meal programs.
• Identify potential exposure under fraud and abuse laws such as the Anti-Kickback Statute, Stark Law, beneficiary inducement rules, and state analogs; escalate complex issues to the General Counsel and outside counsel as appropriate.
• Support regulatory questions related to state licensure, telehealth-adjacent services, and food-as-medicine initiatives.
• Develop durable legal infrastructure including templates, playbooks, training materials, and internal guidance to scale with the B2B team.
• Collaborate with the General Counsel on escalations, novel legal issues, and risk framing for the executive team.

Requirements

• Juris Doctor (J.D.) degree and active license to practice law in at least one U.S. jurisdiction, in good standing.
• Minimum of 5 years post-J.D. experience with a substantive focus on healthcare regulatory, healthcare transactional, and general commercial matters.
• Strong contract drafting and negotiation skills in a commercial context.
• Demonstrated expertise in HIPAA and HITECH regulations, including drafting and negotiating BAAs, advising on PHI use cases, and counseling on incident response.
• Working familiarity with Medicare Advantage supplemental benefits (SSBCI / SNP), Medicaid managed care, 1115 waivers, Food is Medicine / Medically Tailored Meals frameworks, and state insurance and licensure regimes.
• Ability to operate as a fractional, embedded legal partner who is highly responsive, organized, and able to triage independently.
• Excellent judgment regarding decision-making, escalation, and engaging outside specialists.

Preferred Qualifications

• Combination of reputable law firm training (preferably in healthcare regulatory or healthcare transactions) and prior in-house experience, ideally at a healthcare company such as a payor, provider, digital health, PBM, or Medicare Advantage plan.
• Experience supporting a B2B sales motion.
• Familiarity with state privacy laws (e.g., CCPA/CPRA, Washington My Health My Data Act) as they intersect with health data.
• Prior experience advising a food, nutrition, or consumer health company.

Engagement Details

• Independent contractor (1099) engagement.
• Approximately 10–20 hours per week with flexibility to increase during deal cycles and decrease during quieter periods by mutual agreement.
• Fully remote within the United States; occasional video meetings during U.S. business hours.
• Compensation is a competitive hourly rate commensurate with experience.
• Candidates must confirm no conflicts with the company’s B2B counterparties and customers.

Location

Remote (USA only)

Additional Information

• Moonlighting is permitted.
• Opportunity to convert to full-time.
• Equity is offered.
• Hands-on involvement is required.