Valerie Montague

Practice Areas

Valerie Montague represents a variety of health care providers, digital health companies, senior living facilities, nonprofit trade associations, life sciences companies and vendors of health care 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:

HIPAA/HEALTH INFORMATION PRIVACY AND SECURITY

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.

REGULATORY COMPLIANCE

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.

NONPROFIT GOVERNANCE AND TAX EXEMPTION

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.

Career

Georgetown University Law Center, J.D.

Marquette University, Honors B.A., cum laude

Professional Memberships

Member, IAPP Women Leading Privacy Advisory Board

Member, CTeL Legal Resource Team

International Association of Privacy Professionals

American Bar Association

Chicago Bar Association

American Health Law Association, Vice Chair of Publishing, Health Information & Technology Practice Group

Illinois Association of Healthcare Attorneys, Board Member and Education Committee Co-Chair

Past member, General PHI Workgroup, Illinois Health Information Exchange project

Admissions Volunteer, Marquette University

Past President, Marquette University Club of Chicago

Personal

Georgetown University Law Center, J.D.

Marquette University, Honors B.A., cum laude