Thomas B. Ferrante

Senior Counsel

Overview

Thomas (T.J.) Ferrante is senior counsel and a board certified health care lawyer with Foley & Lardner LLP, where he focuses his practice on a wide range of transactional and related regulatory issues for health industry clients, including for-profit and not-for-profit hospitals and health systems, multi-specialty physician practice groups, and long-term care providers. Mr. Ferrante has experience with a variety of transactions, including mergers and acquisitions, joint ventures, strategic affiliations, obtaining and maintaining tax-exemption, employment contracts and leases, and other transactional matters.

Mr. Ferrante also advises health care clients in all aspects of federal and state regulatory matters, including anti-kickback, self-referral laws, state licensure, fee splitting, Medicare and Medicaid reimbursement and compliance, and federal laws related to clinical trials. He has represented clients investigated by various federal and state agencies, including the Department of Health and Human Services Office of Inspector General, the Florida Agency for Health Care Administration, and the Florida Board of Medicine.

In addition, Mr. Ferrante handles federal and state tax matters with respect to individual, corporate, tax exempt organization, and pass-through entities.

Representative Experience 

  • Acted as counsel for preparation of AHCA change of ownership applications and all related health care license change applications for a 5-location assisted living facility provider 
  • Represented a public hospital district in a long-term lease and asset sale of a 421-bed hospital to a for-profit hospital operator 
  • Representation of a 198-bed nonprofit community hospital in a long-term lease and asset sale to a for-profit system and the creation of a community foundation 
  • Prepared CMS Stark self-disclosure on behalf of a hospital and negotiated significant reduction in settlement amount with CMS 
  • Represented a nonprofit healthcare system in the formation of a joint venture with a for-profit company entity to own, operate and develop a multi-specialty physician group 
  • Assisted with representation of a not-for-profit hospital in its acquisition of a controlling interest in a twelve-center radiology company

Recognition

Mr. Ferrante was selected for inclusion in the list of Florida Super Lawyers – Rising Stars (2014-2017) and Florida Trend Legal Elite “Up and Comer” (2017). He was chosen to participate in The Tampa Connection Class of 2014, a year-long program exposing professionals to community service and leadership development opportunities while immersing them in the local community. He was also selected to the Hillsborough County Bar Association Leadership Institute Class of 2013-2014.

Education

Mr. Ferrante earned his law degree from Boston University School of Law in 2011. He received an LL.M. in taxation from Boston University and an M.B.A. from the University of Tampa. He graduated from the College of the Holy Cross with a bachelor’s degree in philosophy and in Spanish in 2007.

Admissions and Professional Memberships

Mr. Ferrante is admitted to practice in Florida and Massachusetts and is board certified in health law by the Florida Bar Association.

He is a co-chair of the Health Law Section of the Hillsborough County Bar Association, and a member of American Bar Association, the American Health Lawyers Association, and the AHLA Young Professionals Council. He also serves on the board of directors for Junior Achievement Connections.

Selected Publications and Presentations

  • Speaker, “Telemedicine and Compliance with T.J. Ferrante,” The Compliance Mastermind Podcast (June 27, 2018)
  • Speaker, “Overview of the Telehealth Reimbursement, Legal & Regulatory Landscape in the Northeast,” Northeast Regional Telehealth Resource Center (NETRC) 2018 Conference (June 5-6, 2018)
  • Presenter, “Fair Market Value and Telemedicine Service Arrangements” webinar, (May 22, 2018)
  • Speaker, “New and Emerging Trends in Telehealth,” Mississippi Telehealth Association 2018 Annual Conference (March 28, 2018)
  • Speaker, “Georgia Telehealth: 2018 Legal & Regulatory Update,” 9th Annual Georgia Partnership for Telehealth Conference (March 19-21, 2018)
  • Speaker, “Telehealth Legal and Regulatory Hurdles,” 2018 Home Health Technology Summit (March 4-6, 2018)
  • Speaker, “Telemedicine in Georgia: Practice and Payment,” GSCPA 2018 Healthcare Conference (February 23, 2018)
  • Quoted, “Telehealth Advocates Push for Expanded Use,” Medpage Today (October 30, 2017)
  • Quoted, “Most States Have Laws Supporting Telehealth Reimbursement,” Health Data Management (August 23, 2017)
  • Speaker, “Navigating the Legal Landscape of Telemedicine,” SETRC 6th Annual Telehealth Summit (August 17, 2017)
  • Quoted, “With New Healthcare Federal Officials Confirmed, Health IT Leaders Ponder Their Agendas,” Healthcare Informatics (March 28, 2017)
  • Quoted, “Four Areas Where Telehealth, Though Under-Covered, Can Bring in Revenue,” Part B News (March 20, 2017)
  • Panelist, “Tampa Bay Area Health Care Executives Tackle ACA, Data Challenges,” Tampa Bay Business Journal’s Health Care Roundtable (February 13, 2017)
  • Quoted, “Why Medicare Needs to Increase Payments for Telehealth,” Health Data Management (December 16, 2016)
  • Coauthor, “A New Year, New Obligations for Employers,” Miami Daily Business Review (January 28, 2015)
  • “Health Care Marketing: Maintaining Legal Compliance,” HCBA Lawyer (June 2014)
  • “10 Questions on Pro Bono Engagement,” AHLA Connections, Vol. 18, Issue 5 (May 2014)
  • "Encouraging Pro Bono Engagement," AHLA Connections, Vol. 17, Issue 11 (November 2013)

Representative Matters

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Foley advised an emerging digital health company in launching operations in multiple states throughout the U.S., with additional expansion to come. The company enables physicians to engage with patients remotely through the use of telemedicine. Foley advised the company with respect to a host of telehealth regulatory and transactional matters, including cross-state formation and licensure requirements, privacy and security considerations, electronic prescribing, patient consents, professional corporation affiliations, and fraud and abuse compliance for vertical integration of ancillary revenues.
Foley assisted an international emerging company create a blockchain-based global healthcare service platform which, among other services, provides free, AI-augmented telemedicine services to patients in multiple countries.
Foley helped an emerging technology company successfully create a national platform for delivering professional services associated with men’s hair loss treatments via asynchronous telemedicine. The work involved advice on corporate practice of medicine compliance, creation of a streamlined multistate professional corporation structure, advice on state law requirements to create a valid physician-patient relationship via telehealth, and direct to consumer pharmacy issues.

Capabilities