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Ellen L. Janos

Member

[email protected]

+1.617.348.1662

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Ellen utilizes her in-depth knowledge of health care regulation to assist clients with government audits and investigations, M&A and financing transactions, and corporate compliance activities. She also provides strategic advice to traditional health care providers, investors, and start-ups on telehealth initiatives as well as the traditional practice of medicine across multiple states. Ellen often comments on developments in telehealth, HIPAA, and the corporate practice of medicine. As an assistant attorney general for the Commonwealth of Massachusetts, Ellen represented state agencies responsible for health care reimbursement, licensing, and Medicaid fraud prosecutions. She has successfully argued two cases before the US Supreme Court.

Ellen specializes in providing regulatory and strategic advice to health care providers and payors of all types, including hospitals, managed care organizations, long-term care facilities, pharmacies, pharmaceutical and device manufacturers, telemedicine providers, and urgent care and retail health clinics. She also represents companies doing business with, and investing in, health care providers. One of Ellen’s provider clients was quoted saying, “I can bring her any issue or question and she is able to quickly provide insights and answers that are practical and business-oriented. She is a true health care expert.”

Ellen's practice focuses on Medicare, Medicaid, and third-party payor audits and investigations, the development of corporate compliance programs, and hospital/physician relationships, including compliance with the state and federal anti-kickback laws and the Stark Law. In addition, she advises clients on how to deploy telemedicine and internet based health initiatives, electronic health records, and how to address HIPAA privacy and security matters.

Before joining Mintz, Ellen was an assistant attorney general for the Commonwealth of Massachusetts, representing state agencies responsible for health care reimbursement, licensing, and Medicaid fraud prosecutions.

Ellen served as a member of the advisory committee that worked with the Massachusetts Health IT Council on the development and implementation of the statewide HIT strategic plan and health information exchange.

She has written about and speaks frequently on state and federal telehealth laws, the corporate practice of medicine, compliance programs, board governance matters, HIPAA privacy and data security, technology and health care, and hospital/physician relationships. Ellen has successfully argued two cases before the US Supreme Court.

Education

  • New England Law (JD)
  • Simmons College (BA)

Experience

  • Regularly advise hospital clients on medical staff peer review laws and internal peer review proceedings
  • Advise telemedicine start-ups on state corporate practice of medicine, prescription and telehealth laws
  • Represented a long term care provider in an internal investigation involving drug diversion by facility nurses.
  • Represent Urgent Care Centers of New England d/b/a CareWell Urgent Care, a venture-backed company that develops, operates, or manages urgent care centers, in connection with the Company's roll-out of urgent care centers and joint venture models.
  • Advised a multi-state operator of skilled nursing facilities in several acquisitions, including health care regulatory compliance and Medicaid provider enrollment.
  • Provided state and federal health care regulatory advice to American Well, a pioneer in telehealth technology.
  • Represent a behavioral health management company, that specializes in drug and alcohol treatment, on a range of health care regulatory issues.
  • Researched and analyzed state pharmacy laws relating to licensing, patient choice, mail order pharmacies, autorefill programs, and refills by mail and labeling for a large health care provider.
  • Represent a large health system in establishing a national telehealth program in compliance with state corporate practice of medicine and professional entity laws.
  • Advised a long term care facility on the state and federal notice and reporting obligations following a data breach.

Recognition & Awards

  • Best Lawyers in America: Boston Health Care Law Lawyer of the Year (2014)
  • Best Lawyers in America: Health Care Law (2008 – 2019)
  • Chambers USA: Massachusetts – Healthcare (2008 – 2018)
  • Recognized by The Legal 500 United States for Healthcare: Service Providers (2014 – 2015)
  • Included on the Massachusetts Super Lawyers: Health Care list (2004 – 2018)
  • Heroes of the Field Award 2010, Massachusetts Medical Law Report
  • Martindale-Hubbell AV Preeminent

Viewpoints

Viewpoint
The Journal of the American Medical Association in its September 18, 2018, issue included four articles on deep learning and Artificial Intelligence (AI). In one of several viewpoint pieces, On the Prospects for a (Deep) Learning Health Care System, the author’s conclusions aptly describes why health care providers, entrepreneurs, investors and even regulators are so enthusiastic about the use of AI in health care.
Ellen Janos discusses the key developments in the proposed Medicare Physician Fee Schedule for 2019 which serves a marked departure from CMS’ historical approach to reimbursing for telehealth services.
Some very good news for the telehealth community can be found amidst the more than 1,400 pages of the proposed Medicare Physician Fee Schedule for 2019(“Proposed Rule”) issued by CMS yesterday.
As we look back on 2017, one message is clear: don’t be a Scrooge when it comes to HIPAA compliance. With ever-evolving security threats and unrelenting enforcement, regulated entities must maintain a spirit of compliance that lasts the whole year through.
The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow.  Last week, the U.S. Food and Drug Administration (“FDA”)  approved a new smartphone-based "carbon monoxide breath sensor system" that measures carbon monoxide levels on a user's breath.
Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. 
Next Tuesday, January 12th, Mintz and ML Strategies will host the first installment of our three-part series focusing on the 21st Century Cures Act (“Cures Act”).  The Cures Act represents significant legislation that will have overarching implications on medical research, product development, and drug and biologic manufacturing.
Last week, the Massachusetts Department of Public Health issued another round of proposed amendments to its regulations, continuing the Baker Administration’s regulatory reform efforts. Today, we take a closer look at the proposed amendments to the proposed regulations governing the licensure of hospice programs.
In previous blog posts, we addressed the Massachusetts Department of Public Health’s (DPH) proposed regulations that affect hospitals, dialysis clinics and medical marijuana programs. In this final post on DPH’s recent regulatory review and overhaul, we address the proposed amendments to the clinic licensure regulations.
Last month, Jonathan Woodson, M.D., the Assistant Secretary of Defense for Health Affairs for the U.S. Department of Defense, issued a memorandum that effectively changes the Military Health System (“MHS”) policy on telemedicine.

News & Press

This feature article discusses how artificial intelligence solutions could be used to help answer beneficiary questions, review claims. Ellen Janos, a Member and experienced health care regulatory attorney, provides commentary within the piece.
This feature story discusses the rise in use of mobile therapy apps as suicide rates increase. The regulatory concerns and issues associated with these apps are highlighted within the piece and Health Law Member Ellen Janos is quoted providing commentary.
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
This feature article discusses a Medicare proposal to expand patient access to medical records. The piece notes that while the proposal could help to streamline the use of electronic health records, it could prove to be burdensome to health care providers.
This feature story notes concerns in regards to the potential hacking of all the data being collected by makers of personal health care devices. Mintz Health Law Member Ellen Janos is among the industry sources providing commentary within the piece.
Health Law Member Ellen Janos provides commentary in this feature article discussing the recommendations of a recent Government Accountability Office report noting the need for increased data security oversight by the Centers for Medicare & Medicaid Services.
Mintz Member and health care attorney Ellen Janos is quoted in this article, which notes that Medicare plans will make sharing patient records easier. Ellen is among those sources quoted discussing the potential impact of the plan which would give patients more control over their medical data.
Ellen Janos, a Member in Mintz’s health law practice, quoted in Bloomberg BNA regarding the upcoming information blocking ruling and whether or not it will curb the blocking of the exchange of health data.
Ellen Janos is a Member in the Health Law Practice at Mintz. The government issued a draft of the Trusted Exchange Framework, released on January 5th, encouraging health-data networks to link up and provide access to each other.
Member Ellen Janos is a health law and health care enforcement defense attorney. She authored a column for Law360 column on the topic of digital health. Ellen points out some questions to consider when assessing a digital health service or product.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”
Julie Korostoff, Co-chair of Mintz’s IT Transactions & Outsourcing Practice, and Mintz partner Ellen Janos are participating in a panel on “Operating a Successful Telemedicine Program” at the 2015 American Telemedicine Association Annual International Meeting & Trade Show.
Mintz partner Julie Korostoff is giving a presentation on "IT Contracting for Telemedicine” and participating with Mintz Partner Ellen Janos in a panel on legal and contract issues facing telemedicine programs at the 2014 American Telemedicine Association Annual International Meeting & Trade Show.

Events

Panelist
Jun
13
2018

American Well’s Client Forum 2018

American Well

Boston, MA

Speaker
Panelist
Jun
22
2016

The Promise of Telemedicine

Massachusetts Hospital Association

Boston, MA

Panelist