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 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 | January 01, 2018
In this round-up of health care industry predictions for 2018, Chicago health care partner Valerie Montague provides an outlook on the future of cybersecurity in health care.
Modern Healthcare | October 03, 2017
Chicago health care partner Valerie Montague is quoted in this article discussing how the proposed cuts to the 340B drug discount program may impact health systems.
Report on Patient Privacy | October 01, 2017
Chicago health care partner Valerie Breslin Montague is quoted in this article about how hospitals and clinics are using digital voice assistants.
Modern Healthcare | September 22, 2017
Chicago health care partner Valerie Breslin Montague is quoted in this article about the lawsuit filed by Agnesian Healthcare against Cerner regarding a botched rollout of a revenue cycle management system.
Law360 | August 25, 2017
Chicago health care partner Valerie Montague is quoted in this article about how Aetna Inc.’s mailed letters to policy holders regarding prescriptions for HIV drugs violated the Health Insurance Portability and Accountability Act.
Modern Healthcare | August 22, 2017
Chicago health care partner Valerie Breslin Montague is quoted in this article about how many not-for-profit health care providers are joining larger health care systems as a result of rising costs to operate as independent hospitals.
Modern Healthcare | July 31, 2017
Chicago health care partner Valerie Montague provides third-party commentary in this article about the potential for Alexa and other voice assistants to be used as a health care tool. Valerie speaks to what needs to happen for these devices to become compliant under the Health Insurance Portability and Accountability Act (HIPAA).
Law360 | January 17, 2017
This article recaps HIPAA stats and highlights from the past year. Chicago health care partner Valerie Montague is quoted throughout discussing privacy breaches and how health care organizations react.
Law360 | April 29, 2016
Chicago health care partner Valerie Breslin Montague is included in this piece that looks at how attorneys are dealing with increasing Health Insurance Portability and Accountability Act (HIPAA) penalties and audits.
Health Data Management | March 22, 2016
Albany health care partner Laurie Cohen and Chicago health care partner Valerie Breslin Montague are quoted throughout this feature article discussing the HHS Office for Civil Rights’ increased efforts sanctioning healthcare covered entities with corrective action plans and financial fines for major violations of the HIPAA privacy and security rules.
Fertility Bridge | March 09, 2016
Chicago Health Care partner Valerie Breslin Montague is featured in this Q&A discussing Health Insurance Portability and Accountability Act (HIPAA) as it relates to digital media.
Medical Practice Compliance Alert | August 17, 2015
Chicago Health Care partner Valerie Montague discusses tips for employers to follow to avoid being accused of unfair labor practices while trying to keep patient information safe.
Medical Practice Compliance Alert | August 17, 2015
Chicago Health Care partner Valerie Montague discusses lessons learned from a case involving an ophthalmology practice who terminated an employee due to violations of HIPAA.
Law360 | August 11, 2015
Chicago Health Care partner Valerie Breslin Montague is quoted throughout this article discussing the need for hospitals and health care providers to have security systems in place following the FDA’s declaration to stop using a particular medical device due to cyber security flaws.
NP Privacy Partner | 02.02.18
NP Privacy Partner | 01.12.18
NP Trusts & Estates Blog | 12.06.17
Originally recorded November 7, 2017 | 11.15.17
NP Privacy Partner | 10.26.17
NP Privacy Partner | 09.15.17
NP Privacy Partner | 08.18.17
NP Privacy Partner | 06.29.17
Georgetown University Law Center, J.D.
Marquette University, Honors B.A., cum laude
U.S. District Court, Northern District of Illinois
U.S. Court of Appeals, Seventh Circuit
Valerie was selected by her peers for inclusion in The Best Lawyers in America© 2018 in the field of Health Care Law.
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.
Obtained property tax exemption for a nonprofit organization that assists underprivileged teenaged mothers
Assisted a youth mentoring organization with organizational and federal income tax-exemption issues