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.
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
Valerie was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Healthcare Law, and was the Best Lawyers 2022 “Lawyer of the Year” in Chicago for Healthcare 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 2022 for Healthcare (Illinois). She has been recognized in Chambers in previous years. She is also recommended in The Legal 500 United States 2021 editorial for Healthcare—Service Providers, and has been recognized in previous years.
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.
Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe