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Cassandra L. Paolillo

(she/her/hers)

Of Counsel

[email protected]

+1.617.348.1828

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Cassie’s practice primarily involves advising health care clients on transactional and regulatory matters, including serving as regulatory counsel on health care transactions and assisting clients in establishing and implementing MSO-PC arrangements. She frequently oversees the health care regulatory aspects of complex transactions in the health care industry, including recent private equity investments in pediatric, dental, ambulatory surgery, and addiction treatment providers. She has also served as regulatory counsel to various institutional lenders in financing transactions in connection with the acquisition of health and life science industry companies. Cassie regularly acts as a subject matter expert, advising clients on HIPAA/privacy compliance, telehealth and other digital health matters, corporate practice issues, professional and facility licensing, determinations of need/certificates of need, and Medicare and Medicaid compliance. Cassie also has experience advising non-profit organizations on matters related to formation and corporate governance. 

Throughout her career, Cassie has worked with providers, payors, individual patients, and a range of investors in the health care space, so she understands the unique challenges facing clients in the ever-changing health care landscape. She enjoys working with interdisciplinary teams to come up with creative solutions to her clients’ problems. 

Prior to joining Mintz, Cassie worked as in-house counsel at a national senior living company. There she advised the business on matters related to state and federal health care regulations, physician arrangements, reimbursement, fraud and abuse, and HIPAA/privacy. Cassie’s in-house experience informs current her practice, enabling her to anticipate and relate to clients’ legal and business needs.

A member of the firm’s Pro Bono Committee, Cassie is particularly passionate about addressing health disparities, focusing on increasing access to reproductive health care and behavioral health services, including substance use disorder treatment. She currently serves on the Board of the South Boston Collaborative Center, a substance abuse and mental health treatment center located in South Boston.

viewpoints

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On October 10, 2023, the Drug Enforcement Administration (DEA) published another temporary rule extending the COVID-era telemedicine flexibilities that allow physicians and other prescribers to prescribe controlled substances without an in-person evaluation.  With just over a month to go before the expiration of the first set of flexibilities, the DEA announced that the telemedicine flexibilities, which have been in place since March 2020, will be extended through the end of 2024 in order to give the agency more time to consider feedback received in response to the proposed rule, which was announced in March of this year.  As a reminder, under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, providers may not prescribe controlled substances without an in-person visit, unless an exception applies.  The COVID public health emergency triggered one such exception, which lead to the telehealth flexibilities. 
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A new Florida law will require certain Florida-licensed providers to ensure that patient information is physically maintained only in the continental United States and its territories or in Canada. Florida SB 264, which goes into effect July 1, 2023, amends the Florida Electronic Health Records Exchange Act, adding a ban on offshoring health information that goes beyond the requirements under HIPAA and most other generally applicable health privacy and security laws. Florida licensees to which the new requirements apply will need to attest upon initial licensure and any renewals that they are in compliance with the new requirements. Applicable licensees will also be required to ensure that no individual or entity with a controlling interest in the licensee has an interest in an entity that has a business relationship with certain foreign countries.
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As we previously covered, in March 2023, the Drug Enforcement Agency (DEA) announced a proposed rule on prescribing controlled substances via telehealth, aimed at addressing the “telehealth cliff” that was expected to occur once the COVID-19 Public Health Emergency (PHE) ends on May 11, 2023. The proposed rule provided some flexibility, but required a much more restrictive framework for prescribing controlled substances via telehealth compared to the flexibilities available during the PHE. During the 30-day comment period following the announcement of the proposed rule, the DEA received over 38,000 comments, which the agency says it is closely reviewing. Many commentators across the health care industry criticized the proposed rule because the in-person examination requirement would limit access to care. The DEA, working with the Department of Health and Human Services, is also considering revisions to the proposed rule. 
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With just over two months before the COVID-19 Public Health Emergency (PHE) expected expiration on May 11, 2023, the Drug Enforcement Agency (DEA) has finally announced its proposed rule on prescribing controlled substances via telehealth. This post provides continued coverage of telehealth updates and dissects what this DEA's proposed rule could entail. 
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The COVID-19 Public Health Emergency (PHE), which was originally declared nearly three years ago, has been renewed through April 2023. As we’ve previously covered, the PHE allowed federal and state regulators to relax certain telehealth requirements, which has led to a rapid expansion in the availability of telehealth services. The Biden Administration has committed to provide at least 60 days’ notice prior to terminating the PHE or allowing it to expire, but several news outlets are reporting that this could be the final extension. 
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Mintz Health Law: What We Are Grateful For

January 11, 2023 | Podcast | By Bridgette Keller

Bridgette Keller speaks with the Mintz Health Law team about what they are grateful for as they look back on a year of client service, mentorship, and working together as a team.
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Is Your Website Collecting PHI Under OCR's New Tracking Technologies Bulletin?

December 7, 2022 | Blog | By Dianne Bourque, Lara Compton, Kathryn Edgerton, Cassandra Paolillo, Kate Stewart

Covered Entities and Business Associates should promptly and carefully review their use of online tracking technologies on their websites and mobile apps following a bulletin (Bulletin) published by the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) last week.  The Bulletin addresses multiple facets of compliance with HIPAA when using online third-party tracking technologies (Tracking Technologies).  In doing so, OCR significantly expands its interpretation of the definition of Protected Health Information (PHI) to include, in some instances, identifiable information gathered by Tracking Technologies where a user visits a website and does not interact with the entity in any other way. In its Bulletin, OCR interprets the act of an individual visiting a website as evidence of a relationship or anticipated future relationship between the visitor and the entity.
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Telehealth Update: Assessing PHE Flexibilities, Pending Legislation Entering Fall 2022

September 1, 2022 | Blog | By Ellen Janos, Cassandra Paolillo

Many of the flexibilities upon which telehealth providers have come to rely in recent years are tied to the federal Public Health Emergency related to the COVID-19 pandemic (PHE). As we move into Fall 2022, we review the current state of the PHE flexibilities around Medicare reimbursement and prescription of controlled substances, examine pending legislation that, if passed, would bring greater certainty to patients and providers, and discuss what we know about the status of a possible PHE extension.
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Telehealth has the potential to counteract historical disparities in access to health care. Listen to hear how Andy Ward, Director of the South Boston Collaborative Center, and Kate Steinle, Chief Clinical Officer of Folx Health, are leveraging telehealth to serve their communities.
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News & Press

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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
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Events & Speaking

Speaker
Apr
4
2023

Tracking Technologies in Health Care

Women Business Leaders of the U.S. Health Care Industry Foundation

Online Event

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Panelist
Dec
1
2020

Telehealth: What's Next?

Women Business Leaders of the U.S. Health Care Industry Foundation (WBL) Event

Online Event

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Recognition & Awards

  • Best Lawyers in America: Ones to Watch - Health Care Law (2024)
  • Massachusetts Super Lawyers Rising Stars: Health Care (2022 – 2023)
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Involvement

  • Member, American Health Law Association
  • Member, Boston Bar Association
  • Board Member, South Boston Collaborative Center
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Cassandra L. Paolillo

(she/her/hers)

Of Counsel

Boston