Valerie Montague represents a variety of health care providers, digital health companies, senior living facilities, nonprofit trade associations, life sciences companies and vendors of health care providers. Valerie is a Certified Information Privacy Professional/United States (CIPP/US), the preeminent credential in the field of privacy.
I focus my practice on three main areas.
I assist health care providers and business associates of all types to comply with the requirements of HIPAA and the HITECH Act, from the development of policies and workforce training to analysis and notification of breaches to guidance through Office for Civil Rights (OCR) investigations. I also advise vendors initiating arrangements with health care entities on whether their business triggers HIPAA.
Beyond HIPAA, I counsel health care providers on compliance with other federal and state health information confidentiality requirements, as well as cybersecurity best practices.
I advise hospital systems, skilled nursing facilities, physician practices and other health care providers on compliance with the Stark Law and the Anti-Kickback Statute, as well as state laws prohibiting self-referrals and fraud and abuse. In Illinois, I work with facilities to navigate Certificate of Need (CON), corporate practice of medicine, telehealth and licensure requirements.
I work with tax-exempt entities in all industries to obtain and maintain federal income tax-exempt status, including group exemptions and reinstatement of tax-exempt status. I advise tax-exempt entities on structure and governance issues as they expand their service lines, create new entities and enter into transactions with third parties, including joint ventures and the creation of for-profit subsidiaries. I also assist tax-exempt hospitals with compliance with Internal Revenue Service (IRS) and state law requirements governing financial assistance and community benefit activities.
As more digital health vendors enter the marketplace in response to patient demand for more convenient and accessible care, both vendors and the providers using these tools will face ever increasing regulatory requirements encompassing everything from privacy and security to licensing to FDA compliance.
Modern Healthcare | May 14, 2021
In this article on the recent cyberattack on Scripps Health, which disrupted the San Diego-based health system’s patient portal and email systems, Chicago Health Care partner Valerie Montague is quoted on HIPAA considerations for health systems when communicating with patients via social media.
Modern Healthcare | November 25, 2020
In this article on the ramped-up enforcement actions by the U.S. Department of Health and Human Services’ Office for Civil Rights against health care providers, Chicago Health Care partner Valerie Montague discusses the importance for providers to train their staff and have a workflow in place.
Modern Healthcare | March 12, 2020
Chicago Health Care partner Valerie Breslin Montague talks about how hospitals can remain in compliance with HIPAA while executing an effective crisis communications plan related to the coronavirus outbreak.
Chicago Health Executives Forum Newsletter | September 25, 2019
Chicago Health Care partner Valerie Breslin Montague wrote this contributed article outlining the factors that organizations should consider when developing a robust incident response plan.
Modern Healthcare | September 07, 2019
This article discussing the 21st Century Cures Act’s ongoing impact on the Food and Drug Administration’s approval process quotes Boston Government Investigations and White Collar Defense partner Hannah Bornstein and Chicago Health Care partner Valerie Montague.
Medicare Compliance & Reimbursement | July 10, 2019
This article quotes Chicago Health Care partner Valerie Breslin Montague discussing a new Centers for Medicare and Medicaid Services policy, taking effect in July, that could complicate the billing and reimbursement process for health care providers.
Medicare Compliance & Reimbursement | June 01, 2019
This article quotes Chicago Health Care partner Valerie Breslin Montague discussing a new Centers for Medicare and Medicaid Services policy, taking effect in July, that could complicate the billing and reimbursement process for health care providers.
Legaltech News | November 08, 2018
Chicago Health Care partner Valerie Montague is quoted in this article on which party can expect to be found liable for a Chicago Public Schools data breach allegedly triggered by the actions of the third-party vendor’s former employee.
Bloomberg Law | September 17, 2018
In this article about doctor-patient audio-video recordings, Chicago Health Care partner Valerie Breslin Montague is quoted throughout for her outlook on multiparty consent among different states, policy development, and protecting the privacy of a patient’s health information.
Georgetown University Law Center, J.D.
Marquette University, Honors B.A., cum laude
Illinois
U.S. District Court, Northern District of Illinois
U.S. Court of Appeals, Seventh Circuit
Valerie was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2021 in the field of Health Care Law. Valerie has been listed in Best Lawyers since 2018.
Valerie has been named a Recognized Practitioner in Chambers USA: America’s Leading Lawyers for Business 2017 for Healthcare (Illinois). She was also recommended in The Legal 500 United States 2016 editorial for Health Care—Service Providers.
