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Ellen L. Janos

Member

[email protected]

+1.617.348.1662

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Ellen utilizes her in-depth industry knowledge and decades of health law regulatory expertise to advise  providers, payers and companies doing business with, and investing in the health care space. She holds a Band 1 ranking in Chambers USA.  One of Ellen’s health care 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 is the founding member of Mintz’s multi-disciplinary, national Digital Health practice and provides strategic advice to traditional health care providers, investors, and start-ups on digital health initiatives including corporation formation, the evolving state and federal regulatory landscape. She advises clients on the legal issues involved in the use of health care data, HIPAA privacy and security matters and data breaches including investigations by the Office for Civil Rights.  Ellen previously 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.

Ellen also represents clients who are facing Medicare, Medicaid, and third-party payor audits and investigations and advises on the development of corporate compliance programs, hospital/physician relationships, and the state and federal anti-kickback laws and the Stark Law.  Before joining Mintz, Ellen served as  an assistant attorney general for the Commonwealth of Massachusetts for ten years where her work included representing state agencies responsible for health care reimbursement, licensing, and Medicaid fraud prosecutions. As an assistant attorney general, Ellen successfully argued two cases before the US Supreme Court.

Ellen writes about and speaks frequently on health care innovation, telehealth and telemedicine, the corporate practice of medicine and health care privacy and data security.   

Ellen utilizes her in-depth industry knowledge and decades of health law regulatory expertise to advise  providers, payers and companies doing business with, and investing in the health care space. She holds a Band 1 ranking in Chambers USA.  One of Ellen’s health care 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 is the founding member of Mintz’s multi-disciplinary, national Digital Health practice and provides strategic advice to traditional health care providers, investors, and start-ups on digital health initiatives including corporation formation, the evolving state and federal regulatory landscape. She advises clients on the legal issues involved in the use of health care data, HIPAA privacy and security matters and data breaches including investigations by the Office for Civil Rights.  Ellen previously 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.

Experience

  • Served as regulatory counsel to digital health clients including Folx Health, InStride Health, Marvin Behavioral Health and Hey Jane Re
  • Advised AmWell, a pioneer in telehealth technology and telemedicine services, in the development of its direct to consumer telemedicine platform
  • Represented CareWell Urgent Care in connection with its roll-out of urgent care centers in Massachusetts and joint venture models
  • Served as regulatory counsel to a behavioral health management company specializing in drug and alcohol treatment in connection with HIPAA and related privacy matters
  • Provided advice on state pharmacy laws relating to licensing, patient choice, mail order pharmacies, auto refill programs, and refills by mail and to a national nonprofit organization that provides reproductive health care
  • Advised a large hospital system on state corporate practice of medicine and professional entity laws in connection with it’s provision of cross border telemedicine services
  • Represented hospital clients in connection with internal peer review proceedings 
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viewpoints

Telehealth Update: New Bill Could Provide Much Needed Certainty to Providers and Patients

February 10, 2022 | Blog | By Ellen Janos, Cassandra Paolillo

On Monday, February 7, 2022, U.S. Senators Catherine Cortez Masto, D-Nevada, and Todd Young, R-Indiana, introduced the Telehealth Extension and Evaluation Act, which if passed, would extend several of the telehealth waivers for two years after the end of the federal public health emergency (PHE). See our previous coverage of telehealth during the COVID-19 pandemic. The PHE was most recently renewed for an additional 90 days on January 16, 2022. Since January 2020, providers who pivoted to telehealth in order to deliver care to their patients during the pandemic have had to closely monitor the status of the PHE, which the Secretary of HHS is only authorized to extend for 90 days at a time. Passage of the proposed legislation would provide some much-needed certainty and would give providers time to transition back to in-person care where necessary. It would also further the growth and expansion of telehealth services and continued integration into our health care delivery system.
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Webinar Recording: Telehealth Regulation & Enforcement: 2021 Year in Review & 2022 Outlook

December 7, 2021 | Webinar | By Alexander Hecht, Ellen Janos, Karen Lovitch, Kate Stewart

Over the past year, the demand for health care via telehealth has continued to skyrocket as a result of the COVID-19 pandemic and the public’s increased comfort with obtaining health care goods and services virtually. Join Ellen Janos, Karen Lovitch, Kate Stewart and Alex Hecht as they demystify the current status of laws and regulations, untangle the web of legislation before Congress related to the expansion of telehealth services, discuss recent enforcement activity, and look ahead to trends we see on the horizon.  
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Last week, CMS announced its final Physician Fee Schedule Payment Policies (the “Final Rule”), which will become effective January 1, 2022. The Final Rule included several updates to Medicare coverage of telehealth services, including a number of COVID-19 related changes that will be extended or be made permanent. As previously covered, while temporary orders allowing expanded use of telehealth have increased access to care across the country during the public health emergency (“PHE”), the regulatory environment for telehealth has always been somewhat unsettled. The changes in the Final Rule described below signal a move towards increased access to telehealth for Medicare beneficiaries as regulators acknowledge the potential benefits of these alternate methods of delivering care.
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Health Law Diagnosed — Telehealth Transformation: Where We Are and Where We’re Headed

April 9, 2021 | Podcast | By Ellen Janos, Cassandra Paolillo

The ability to provide health care from a remote location has been around for many years, but with the arrival of COVID-19, hospitals, physicians, and other health care providers have had to rapidly rethink their traditional models of health care delivery.
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Telehealth Update: States Move to Permanently Expand Access to Telehealth

March 30, 2021 | Blog | By Cassandra Paolillo, Ellen Janos

Over the past year the telehealth landscape has been a patchwork of temporary waivers and regulations, expanding access during the COVID-19 pandemic but leaving providers and patients uncertain about whether the positive coverage and reimbursement changes and relaxation of pre-pandemic restrictions would continue in the future. In recent weeks, we have seen a number of state actions making permanent changes to expand access to telehealth. These changes suggest a positive trend towards making telehealth an integral part of the care delivery system, although the complicated regulatory frameworks still present challenges to providers seeking to treat patients via telehealth.
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Since the beginning of the pandemic, telehealth providers have seen a dramatic increase in demand for their services along with a number of temporary regulatory measures aimed at expanding telehealth access to more patient populations. In this post, we outline some important developments that will bring greater certainty to telehealth providers and suggest that expanded access to telehealth is here to stay.
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HIPAA 2021 – What Can We Expect?

December 28, 2020 | Blog | By Dianne Bourque, Ellen Janos

As we’re all painfully aware, public health issues dominated 2020 and with the country’s attention focused on COVID-19 testing, status, transmission and care, HIPAA went mainstream. Health information became critical not only for health care providers, but for all manner of businesses, employers, property owners, and the national media. HIPAA – or more often than not “HIPPA” – was frequently touted in the news and on social media as the reason why COVID-related information could or could not be shared. As we head into 2021 with the pandemic raging on, the vaccination program underway, and a new administration taking over, here is a look at what we expect for “HIPPA” in 2021.
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The Department of Health and Human Services (HHS) is pushing ahead in its Regulatory Sprint to Coordinated Care with a new proposed rule, announced by HHS’ Office for Civil Rights on December 10, to modify the HIPAA Privacy Rule. This proposed rule follows HHS’ 2018 Request for Information on Modifying HIPAA Rules to Improve Coordinated Care, which sought to identify regulatory impediments to value-based care presented by HIPAA. With this proposed rule, HHS aims to “reduce burden on providers and support new ways for them to innovate and coordinate care on behalf of patients, while ensuring that [HHS] uphold[s] HIPAA’s promise of privacy and security,” according to HHS Deputy Secretary Eric Hargan. It would achieve these objectives through a variety of updates to the Privacy Rule, which we highlight in this blog post, along with initial reactions from our HIPAA privacy team.
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On August 4, CMS posted a proposed rule on CY 2021 Payment Policies, which included important updates about the expansion of Medicare covered telehealth services due to the COVID-19 pandemic. Here, we cover this and other important developments related to telehealth access during the pandemic and beyond.
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Last Thursday, the Massachusetts Board of Registration in Medicine (BORIM) approved its first permanent telehealth policy. The Board had previously approved this policy on an “interim” basis in response to the COVID-19 pandemic on March 16, 2020. This policy is an important step for the Massachusetts BORIM as it had previously hesitated to provide any formal guidance on the practice of telehealth.
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News & Press

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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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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
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BOSTON – Mintz has launched a Women’s Health and Technology practice, bringing together attorneys from across the firm’s transactional, intellectual property, health care and FDA regulatory, and litigation teams with a focus on serving clients in life sciences, specifically FemTech.
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Law360 featured the launch of the firm's Women's Health and Technology practice and highlighted founding Members Ellen Janos, Joanne Hawana, Karen Lovitch, and Melanie Levy.
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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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Firm provides pro bono legal counsel to global health nonprofit on groundbreaking initiative to slow the spread of COVID-19 in the Commonwealth of Massachusetts.
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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.
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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.
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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.
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Events & Speaking

Moderator
Panelist
Mar
10
2021

Healthcare Law & Compliance Institute

International Performance Management Institute

Virtual Event

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Moderator
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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Speaker
May
13
2019

Regulatory and Business Strategies for MedTech and Telehealth

Effective Business Planning: Additional Regulatory and Policy Challenges

Wiley Rein LLP, 1776 K Street, NW

Speaker
Panelist
Dec
13
2018

HFMA Annual Compliance Update

Compliance Roles and Responsibilities in Relation to Disruptive Technology

Offices of Deloitte & Touche, 200 Berkley Street, Boston, MA

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
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Ellen utilizes her in-depth industry knowledge and decades of health law regulatory expertise to advise  providers, payers and companies doing business with, and investing in the health care space. She holds a Band 1 ranking in Chambers USA.  One of Ellen’s health care 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 is the founding member of Mintz’s multi-disciplinary, national Digital Health practice and provides strategic advice to traditional health care providers, investors, and start-ups on digital health initiatives including corporation formation, the evolving state and federal regulatory landscape. She advises clients on the legal issues involved in the use of health care data, HIPAA privacy and security matters and data breaches including investigations by the Office for Civil Rights.  Ellen previously 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.

Recognition & Awards

  • Chambers USA: Massachusetts – Healthcare (2008 – 2020); (Band 1) - Healthcare (2021 – 2023) 

  • Best Lawyers in America: Health Care Law (2008 – 2024)

  • Included on the Massachusetts Super Lawyers: Health Care list (2004 – 2018, 2021-2022)

  • Best Lawyers in America: Boston Health Care Law Lawyer of the Year (2014)

  • Recognized by The Legal 500 United States for Healthcare: Service Providers (2014 – 2015)

  • Heroes of the Field Award 2010, Massachusetts Medical Law Report

  • Martindale-Hubbell AV Preeminent

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Ellen utilizes her in-depth industry knowledge and decades of health law regulatory expertise to advise  providers, payers and companies doing business with, and investing in the health care space. She holds a Band 1 ranking in Chambers USA.  One of Ellen’s health care 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 is the founding member of Mintz’s multi-disciplinary, national Digital Health practice and provides strategic advice to traditional health care providers, investors, and start-ups on digital health initiatives including corporation formation, the evolving state and federal regulatory landscape. She advises clients on the legal issues involved in the use of health care data, HIPAA privacy and security matters and data breaches including investigations by the Office for Civil Rights.  Ellen previously 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.

Involvement

  • • Member, Board of Directors, North End Waterfront Health
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