Senior Counsel, Regulatory & Compliance

Modern Health 

Modern Health is a mental health benefits platform for employers. We are the first global mental health solution to offer employees access to one-on-one, group, and self-serve digital resources for their emotional, professional, social, financial, and physical well-being needs—all within a single platform. Whether someone wants to proactively manage stress or treat depression, Modern Health guides people to the right care at the right time. We empower companies to help all their employees be the best version of themselves, and believe in meeting people wherever they are in their mental health journey.

Modern Health is backed by investors like Kleiner Perkins, Founders Fund, John Doerr, Y Combinator, and Battery Ventures and raised more than $170 million in less than two years, making Modern Health the fastest entirely female-founded company in the U.S. to reach Unicorn status.

More about our culture and what you can expect when you join the team:

• “It Takes a Village” culture. Modern Health has a unique and unabashed culture centered around high empathy and high accountability - with a drive to win. We are energized by bringing together the best talent in the industry to achieve audacious goals focused on making mental health a strength and priority for all.
• We have an obsession to win. We are highly ambitious and passionate about the work that we do.  We take pride in delivering excellence and our personal best and we continuously innovate to uniquely solve our customers’ needs. 
• We are accountable and can rely on each other. We are a team and hold ourselves and each other accountable. We believe in transparent communication and continuous feedback to foster a culture of trust, reliability, and growth. 
• We demonstrate empathy. We have a supportive and diverse culture where we bolster and uplift each other as we pursue our lofty goals. We encourage selflessness and a willingness to support others, fostering a collaborative and respectful environment. 
• We exhibit a bias towards action. This is a fast-paced environment. We jump into problems and initiate solutions. We empower our people to make decisions and experiment, iterate, and repeat until we get it right. 

Modern Health is a fully remote workforce and a hyper-growth company that is often recognized for its excellence, winning awards such as World’s Most Innovative Companies of 2023 by Fast Company, Top 25 Companies of San Francisco 2023, and 2023 Well-Being Trailblazer Award. To protect our culture and help our team stay connected, we require overlapping hours for everyone. While many roles may function from anywhere in the world—see individual job listing for more—US based team members who live outside the Pacific time zone are expected to work at least six hours between 8 am and 5 pm Pacific time each workday.

We are looking for driven, creative, and passionate individuals to join in our mission. An inclusive and diverse culture are key components of mental well-being in the workplace, and that starts with how we build our own team. If you're excited about a role, we'd love to hear from you!

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

Below, we are asking you to complete identity information for the Equal Employment Opportunity Commission (EEOC). While we are required by law to ask these questions in the format provided by the EEOC, at Modern Health we know that gender is not binary, and we recognize that these categories do not reflect our employees' full range of identities.