Thomas B. Ferrante

Partner

Thomas B. Ferrante

Partner

Thomas (T.J.) Ferrante is a partner and a board-certified health care lawyer with Foley & Lardner LLP and a member of the firm’s national Telemedicine & Digital Health Industry Team. He is also vice chair of the firm’s Health Care Practice Group and a member of the American Telemedicine Association’s (ATA) Policy Council and of the Advisory Council of the American Board of Telehealth. 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, he centers his representation around the specific needs and objectives of the companies he assists.

“Foley is the premier firm for telehealth counsel.”
“A market leader in telemedicine issues.” “This is the Dream Team.”
– Chambers USA: America’s Leading Business Lawyers (2020, 2021)

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 healthcare 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.

Representative Experience

  • 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.

Telemedicine, Telehealth, Virtual Care, Digital Health

  • “Foley’s Telemedicine & Digital Health Industry Team has been recognized by Chambers USA: America’s Leading Business Lawyers, which states: “Commentators describe the firm as ‘a market leader in telemedicine issues.’ ‘This is the Dream Team.’ ” (Florida, 2020).

Awards and Recognition

  • Recognized, Law360 Rising Star in Health Care (2022)
  • Recognized, Chambers USA: America’s Leading Business Lawyers in the practice area of Healthcare (2018-2023)
  • 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)

Affiliations

  • T.J. is a member of the Advisory Council of the American Board of Telehealth.

Presentations and Publications

Thought Leadership

Known in the industry for his creative solutions and deal-making ability, Thomas 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)

Thomas 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.