Valerie Montague represents a variety of healthcare providers, digital health companies, senior living facilities, nonprofit trade associations, life sciences companies and vendors of healthcare 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 healthcare 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 healthcare entities on whether their business triggers HIPAA.
Beyond HIPAA, I counsel healthcare 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 healthcare 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.
This article discussing third-party trackers on health-related websites and potential privacy implications posed by collecting personal health data quotes Chicago Healthcare partner Valerie Montague. Valerie discusses an increase in litigation related to data captured by these technologies following 2022 guidance issued by the Department of Health and Human Services and the Office of Civil Rights on tracking technologies and HIPAA compliance.
This article discusses the recent notice of rulemaking issued by the US Department of Health and Human Services to modify the Standards for Privacy of Individually Identifiable Health Information, or Privacy Rule, under HIPAA. The article was cowritten by partners Laurie Cohen of Albany and Valerie Montague of Chicago, counsel Jéna Grady of New York City, and associates Meredith LaMaster of Chicago and Julia Cassidy of New York City, all of the Healthcare practice.
Chicago Healthcare partner Valerie Montague contributed this article discussing the Office of Civil Rights’ continued focus on HIPAA’s Right of Access Initiative, noting that lessons gleaned can give healthcare providers and other HIPAA-regulated entities a roadmap to strengthen their compliance with the HIPAA Privacy Rule’s right of access.
Chicago Healthcare partner Valerie Montague joins this episode of the podcast to discuss new data privacy laws, how healthcare providers can remain compliant and prepare for possible data breaches, considerations for telehealth programs, and risks for hybrid workforces.
This article discussing top issues in health law for the coming year includes commentary from Chicago Healthcare partner Valerie Montague about new data privacy laws and regulations that healthcare providers, plans, and vendors need to be aware of.
Chicago Healthcare partner Valerie Montague, Rochester counsel and Cybersecurity & Privacy practice deputy leader Jenny Holmes, Washington, DC Healthcare counsel Sarah Swank, and Chicago Healthcare associate Meredith LaMaster contributed this article on how Roe’s reversal disrupts expectations regarding the privacy of women’s health information—and the role of healthcare practitioners, app developers, and cell phone providers in protecting it.
Chicago Healthcare partner Valerie Montague joined the podcast to discuss recent enforcement actions from the Office for Civil Rights, the OCR’s continued focus on HIPAA’s Right of Access Initiative, and why the initiative is important.
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.
Chicago health care partner Valerie Breslin Montague is quoted in this article about how hospitals and clinics are using digital voice assistants.
U.S. District Court, Northern District of Illinois
U.S. Court of Appeals, Seventh Circuit
Georgetown University Law Center, J.D.
Marquette University, Honors B.A., cum laude
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