Thomas B. Ferrante

Senior Counsel

Overview

Thomas (T.J.) Ferrante is a senior counsel and a board certified health care lawyer with Foley & Lardner LLP and member of the firm’s national Telemedicine & Digital Health Industry Team. T.J. focuses his practice on telemedicine, digital health, remote patient monitoring and virtual care, as well as a wide range of transactional and related regulatory issues for health care industry clients. Whether leading a large private equity group through a major acquisition or helping an emerging telehealth startup build a compliant, scalable business model across the United States, T.J. centers his representation around the specific needs and objectives of the companies he assists.

T.J. knows how to create and implement telemedicine programs, including issues such as the corporate practice of medicine, interstate medical practices, remote prescribing, reimbursement, self-referral laws and the anti-kickback statute. He has considerable experience in structuring and negotiating transactions for technology-enabled health care providers nationwide, including mergers and acquisitions, joint ventures, strategic affiliations and financings. He works with leading telemedicine and digital health companies, independent physician practices, retail clinics, physician and dental management companies, medical device companies, private equity firms and venture capital groups and investors. Together, they innovate, execute and flourish.

Thought Leadership & Recognition

Known in the industry for his creative solutions and deal-making ability, T.J. draws upon deep substantive knowledge, entrepreneurial solutions, sophisticated negotiation skills and effective project management to meet the critical business and legal needs of both institutional and emerging companies. He is listed as a notable practitioner in Chambers USA: America’s Leading Business Lawyers, which states “He is always accommodating of the rapid pace and demands, and has a rare grasp of the strategic business implications of the law.” (2018)

T.J. frequently speaks at conferences across the country on telehealth, virtual care and health care issues. He has been quoted in industry publications such as Modern Healthcare, mHealthIntelligence, Medpage Today, Health Data Management, Healthcare Informatics and the Tampa Bay Business Journal, among others.

  • Recognized, Chambers USA: America’s Leading Business Lawyers (2018-2020)
    • Healthcare (Florida)
  • Recognized, Florida Trend Legal Elite “Florida’s Legal Leaders” (2020)
  • Recognized, Florida Trend Legal Elite “Up and Comers” (2017, 2020)
  • Recognized, Florida Super Lawyers® Rising Stars (2014-2019)

Telemedicine, Telehealth, Virtual Care, Digital Health

Selected, representative matters include:

  • Remote Patient Monitoring and Clinical Staff. Foley worked with several digital health companies offering remote patient monitoring services develop their corporate structure in various states. The work included advising on billing considerations along with nurse practitioner, nurse, certified nurse assistant, licensed vocational nurse, and medical assistant scope of practice and supervision requirements. The work allowed the company to comply with regulatory requirements while providing a scalable, affordable staffing model for RPM.
  • COVID-19 Licensure and Modality Waivers. Foley advised various telehealth companies on navigating federal and state changes in provider licensure and telehealth modalities during the COVID-19 public health emergency. The work allowed the companies to immediately take action and expand their platforms to provide services across multiple states.
  • Recapitalization of TelePsychiatry Platform. Foley represented InSight Telepsychiatry and Center for Family Guidance in the recapitalization of InSight by Harbour Pointe Capital, a New York City based venture capital firm.
  • Telemedicine Services Agreement for Regional Provider Network. Foley assisted a regional network to be the first in its area to introduce telemedicine services to members of its service area community. Foley’s work included advising the network regarding the service platform it planned to utilize, helping to negotiate the platform agreement and associated professional services agreement, preparing a privacy policy and terms of use, and advising on implementation and related issues.
  • NYC Telehealth Women’s Health Clinic. Foley provided regulatory advice to a start-up health company specializing in women’s health care services. Foley counseled the client on state law regulatory issues, fraud and abuse compliance, and sales of alternative medicine and nutritional products. The advice allowed the company to pursue its mission of treating patients using both holistic and traditional medical techniques for women.
  • Digital Health + Concierge Medicine Practice. Foley advised a start-up digital health provider to structure a concierge medicine service that couples digital health offerings plus in-home house calls augmented with Bluetooth-enabled telediagnostic tools. Foley assisted the company in establishing a membership-based offering to allow patients to choose their desired level of concierge services, using a subscription fee model. Advice included analysis of corporate practice of medicine issues, state licensure and regulations, and state and federal fraud and abuse compliance.
  • Vertical Integration of Pharmacy Revenue for Direct to Consumer Asynchronous Telemedicine. Foley advised an emerging telemedicine company which delivers professional medical services via asynchronous telemedicine explore options on how to vertically integrate pharmacy revenue in connection with its direct-to-consumer telemedicine offerings. The work involved advice on multi-state licensure, practice of pharmacy restrictions and regulation, direct to consumer medication sales, patient freedom of choice, and state and federal fraud and abuse considerations.
  • Telemedicine Professional Services Agreement Between Hospitals and Distant Site Telemedicine Company. Foley negotiated and drafted a telemedicine professional services agreement between a hospital and a telemedicine company, allowing the hospital to obtain on-demand multi-specialty medical services via telemedicine, benefitting the hospital’s patients and increasing efficiency in the hospital’s operations.
  • Multi-Specialty Telemedicine Medical Group. 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.
  • International Blockchain-Enabled Direct-to-Consumer Telemedicine Company. 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.

Education

  • Boston University School of Law (J.D. & LL.M.)
  • University of Tampa (M.B.A.)
  • College of the Holy Cross (B.A.)

Admissions

  • Florida
  • Massachusetts
  • Board Certified in Health Law, Florida Bar Association

Selected Publications and Presentations

  • Speaker, “CMS Reimbursement Successes and Lessons Learned from COVID-19,” Launching into Telehealth: 2020 Northeast/Mid-Atlantic Telehealth Conference (July 17, 2020)
  • Speaker, “Remote Patient Monitoring and its Interplay with ‘Traditional’ Telemedicine,” 5th National Telehealth Summit (July 16, 2020)
  • Quoted, “With Telehealth on OIG Work Plan, Beware Pitfalls; CMS Proposes HHA Telehealth Past PHE,” Report on Medicare Compliance (July 13, 2020)
  • Quoted, “Experts Weigh in on Post-COVID-19 Telehealth Rules and Policies,” mHealth Intelligence (June 15, 2020)
  • Panelist, “COVID-19 and the Mainstreaming of Telehealth,” Los Angeles County Bar Association Meeting (June 3, 2020)
  • Panelist, “Telehealth: New Normal & New Service Lines,” South Florida Hospital & Health Care Association's HIT Committee Meeting (May 27, 2020)
  • Quoted, “CMS Again Broadens Telehealth; Hospital Outpatient Services Don't Need 95 Modifier,” Report on Medicare Compliance (May 11, 2020)
  • Quoted, “CMS lets MA providers do telehealth risk adjustment; tight documentation advised,” Part B News (April 23, 2020)
  • Quoted, “Telehealth’s Not Getting Switched Off After COVID-19 Crisis,” Law360 (April 13, 2020)
  • Quoted, “Telemedicine Regulatory Barriers Continue to Drop for COVID-19,” Modern Healthcare (April 3, 2020)
  • Co-author, “COVID-19: New Law Allows Free Telehealth without Blowing Tax Benefits of Health Savings Accounts,” Health Care Law Today (March 31, 2020)
  • Guest speaker, “Telehealth changes related to COVID-19,” Besler's Hospital Finance Podcast (March 25, 2020)
  • Quoted, “What will Happen With Telehealth When the Emergency is Over?” mHealth Intelligence (March 23, 2020)
  • Quoted, “With Waivers the Catalyst for Telehealth Use in COVID-19 Response, Some Hospitals Act Fast,” Compliance Cosmos (March 23, 2020)
  • Co-author, “COVID-19: DEA Confirms Public Health Emergency Exception for Telemedicine Prescribing of Controlled Substances,” Health Care Law Today (March 18, 2020)
  • Co-author, “COVID-19: States Waive In-State Licensing Requirements for Health Care Providers,” Health Care Law Today (March 17, 2020)
  • Co-author, “Telehealth: 5 Key Takeaways from the Coronavirus Spending Bill,” Health Care Law Today (March 12, 2020)
  • Speaker, “Fraud, Compliance and Telehealth,” HCCA Orlando Regional Conference (January 31, 2020)
  • Panelist, “New Public Policy Developments Affecting PATH Members,” PATH Summit 2019 (December 18, 2019)
  • Speaker, “Review of 2020 Medicare Changes for Telehealth,” American Telemedicine Association Member Call (December 11, 2019)
  • Speaker, “Telemedicine in Tennessee: Practice and Payment,” Tennessee Society of Certified Public Accountant 2019 Health Care Conference (December 2, 2019)
  • Presenter, “Telemedicine Law & Regulation in New York and Beyond,” Master Clinicians Winter Telemedicine Conference (November 12, 2019)
  • Presenter, “The Law and Regulation of Remote Patient Monitoring: Is the Time Right for RPM?” VSee’s Telehealth Secrets 2019 Conference (October 2-4, 2019)
  • Presenter, “Navigating the Complexities of Telehealth Reimbursement,” Webinar, NextGen (September 19, 2019)
  • Co-author, “Remote Patient Monitoring: Medicare Proposes Two Major Expansions,” Health Care Law Today (August 6, 2019)
  • Speaker, “Virtual Health: The Emerging Power of Telehealth and Remote Patient Monitoring in Sustaining Good Health,” Modern Healthcare’s Healthcare Transformation Summit (May 16-17, 2019)
  • Speaker, “Teleheatlh in New York: Legal, Regulatory, and Business Considerations,” New York Society for Health Planning (NYSHP) 2019 Spring Meeting (May 9, 2019)
  • Co-author, “Florida Legislature Passes New Telehealth Law,” Health Care Law Today (May 7, 2019)
  • Presenter, “Remote Patient Monitoring Reimbursement and Policy Issues” Webinar, South Dakota Association of Health Care Organizations (February 20, 2019)
  • Speaker, “Telemedicine: Legal & Practical Considerations,” ProAssurance Risk Resource Conference (February 12, 2019)
  • Speaker, “Health Care Bankruptcy Update: They Just Keep Filing!,” ABI 43rd Annual Alexander L. Paskay Memorial Bankruptcy Seminar (February 6-8, 2019)
  • Panelist, “Health Care from a Distance: Legal and Regulatory Issues in Telehealth and Remote Patient Monitoring,” AHLA Physicians and Hospitals Law Institute (February 4-6, 2019)
  • Presenter, “Telehealth Reimbursement and Policy Issues,” Missouri Telehealth Summit (January 30-31, 2019)
  • Presenter, “Hot HIT Developments in 2018,” AHLA Academic Medical Centers and Teaching Hospitals Institute (January 24-25, 2019)
  • Presenter, “Telemedicine Law & Regulation in Florida and Beyond,” Hillsborough County Bar Association Health Care Law Luncheon (November 29, 2018)
  • Presenter, “The Nuts and Bolts of Negotiating Nurse Practitioner Contract,” University of Tampa’s College of Nursing (November 5, 2018)
  • Speaker, “Telehealth: 2018 Legal and Compliance Issues,” HCCA 2018 Pittsburgh Regional Conference (October 5, 2018)
  • Panelist, “Using Advanced Technologies for Personalized Care,” Western Florida Chapter of American College of Healthcare Executives’ Innovation in Healthcare Summit (September 27, 2018)
  • Panelist, “Telehealth: Moving Past Implementation,” South Florida Hospital & Health Care Association’s (SFHHA) HIT Committee (September 25, 2018)
  • Speaker, “The Legal Considerations of Telehealth Implementation,” 7th Annual Alabama Telehealth Summit (August 14, 2018)
  • 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)
  • Coauthor, “Kentucky’s New Telehealth Law Expands Insurance Coverage and Reimbursement,” Health Care Law Today (May 23, 2018)
  • Presenter, “Fair Market Value and Telemedicine Service Arrangements” Webinar, (May 22, 2018)
  • Co-author, “Iowa’s New Telehealth Law: What You need to Know,” Health Care Law Today (April 23, 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)
  • Co-author, “Congress Proposes Change to Ryan Haight Act to Allow Telemedicine Prescribing of Controlled Substances,” Health Care Law Today (March 5, 2018)
  • Speaker, “Telehealth Legal and Regulatory Hurdles,” 2018 Home Health Technology Summit (March 4-6, 2018)
  • Co-author, “10 Tips for Complying with Georgia’s Telemedicine Laws,” Health Care Law Today (February 26, 2018)
  • Speaker, “Telemedicine in Georgia: Practice and Payment,” GSCPA 2018 Healthcare Conference (February 23, 2018)
  • Co-author, “Top 5 Ways Telehealth Will Change Under the New Federal Funding Bill,” Health Care Law Today (February 18, 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)
  • Co-author, “Alaska’s Telemedicine Business Registry: What You Need to Know,” Health Care Law Today (August 16, 2017)
  • Co-author, “Vermont’s New Telemedicine Law Expands Insurance Coverage, Bans Recording,” Health Care Law Today (July 19, 2017)
  • Co-author, “Is Telemedicine Change Coming to Congress? The Medicare Telehealth Parity Act of 2017 Among Several New Federal Bills,” Health Care Law Today (July 10, 2017)
  • Co-author, “Key Takeaways from Oklahoma’s New Telemedicine Law,” Health Care Law Today (July 5, 2017)
  • Co-author, “Michigan Telemedicine Prescribing and Controlled Substance Laws,” Health Care Law Today (June 22, 2017)
  • Co-author, “Florida’s New Medical Marijuana Law: What Physicians and Entrepreneurs Need to Know,” Health Care Law Today (June 15, 2017)
  • Co-author, “Florida’s New Medical Marijuana Law and Telemedicine Exams,” Health Care Law Today (June 14, 2017)
  • Co-author, “Florida Board of Medicine to Hold Another Hearing on Telemedicine and Medical Marijuana Rules,” Health Care Law Today (May 24, 2017)
  • Co-author, “ ‘Lone Star’ Joins the Rest of Nation as Texas Passes New Telemedicine Law,” Health Care Law Today (May 16, 2017)
  • Quoted, “With New Healthcare Federal Officials Confirmed, Health IT Leaders Ponder Their Agendas,” Healthcare Informatics (March 28, 2017)
  • Co-author, “Ohio Telemedicine Prescribing and Controlled Substances Laws,” Health Care Law Today (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)
  • Co-author, “Florida Board of Medicine Hearing on Telemedicine and Medical Marijuana,” Health Care Law Today (January 11, 2017)
  • Quoted, “Why Medicare Needs to Increase Payments for Telehealth,” Health Data Management (December 16, 2016)
  • Co-author, “Florida: No Telemedicine Exams for Medical Marijuana,” Health Care Law Today (December 12, 2016)
  • Co-author, “Update: Arkansas (Again!) Medical Board Approves Telemedicine Rules,” Health Care Law Today (October 11, 2016)
  • Co-author, “Arkansas’ New Telemedicine Rules a Small Step Forward,” Health Care Law Today (August 25, 2016)
  • Co-author, “South Carolina Enacts New Telemedicine Law: What You Should Know,” Health Care Law Today (August 10, 2016)
  • Co-author, “CMS Proposes New Medicare Telehealth Coding Rules,” Health Care Law Today (August 1, 2016)
  • Co-author, “Rhode Island’s New Law Requires Health Plans Cover Telemedicine Services,” Health Care Law Today (July 19, 2016)
  • Co-author, “Alaska Enacts New Telemedicine Law: What Providers Should Know,” Health Care Law Today (July 13, 2016)
  • Co-author, “Why Arizona’s New Telemedicine Law Sends an Important Message,” Health Care Law Today (June 6, 2016)
  • Co-author, “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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Recapitalization of TelePsychiatry Platform

Foley represented InSight Telepsychiatry and Center for Family Guidance in the recapitalization of InSight by Harbour Pointe Capital, a New York City based venture capital firm.

Telemedicine Services Agreement for Regional Provider Network

Foley assisted a regional network to be the first in its area to introduce telemedicine services to members of its service area community. Foley’s work included advising the network regarding the service platform it planned to utilize, helping to negotiate the platform agreement and associated professional services agreement, preparing a privacy policy and terms of use, and advising on implementation and related issues.

NYC Telehealth Women’s Health Clinic

Foley provided regulatory advice to a start-up health company specializing in women’s health care services. Foley counseled the client on state law regulatory issues, fraud and abuse compliance, and sales of alternative medicine and nutritional products. The advice allowed the company to pursue its mission of treating patients using both holistic and traditional medical techniques for women.