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Ellen L. Janos

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[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 is a terrific adviser; she is very knowledgeable and practical.

- Health Care Client, Chambers USA 2024

Ellen is an excellent litigator with great advocacy and client skills.

- Health Care Client, Chambers USA 2024

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

On August 8, 2019, FDA issued a notice on its medical device recall database that a company called Opternative, Inc. had initiated a recall for the Visibly Online Refractive Vision Test, a software application offered directly to consumers. This represents a recent example of FDA taking enforcement action against a telemedicine software company that ultimately resulted in removal of the app from commercial distribution.
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Earlier this month, the Department of Health and Human Services Office of the Inspector General (OIG) issued an advisory opinion (Advisory Opinion No. 19-03) (Opinion) concluding that a program consisting of free, in-home follow-up care to patients at a higher risk of admission or readmission (the Arrangement) was “low risk” under the civil monetary penalties prohibition on beneficiary inducement (the Beneficiary Inducement CMP). This comes as good news to hospitals and other providers who are focused on care coordination and value-based programs.
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The Journal of the American Medical Association in its September 18, 2018, issue included four articles on deep learning and Artificial Intelligence (AI). In one of several viewpoint pieces, On the Prospects for a (Deep) Learning Health Care System, the author’s conclusions aptly describes why health care providers, entrepreneurs, investors and even regulators are so enthusiastic about the use of AI in health care.
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Ellen Janos discusses the key developments in the proposed Medicare Physician Fee Schedule for 2019 which serves a marked departure from CMS’ historical approach to reimbursing for telehealth services.
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Ellen Janos explains that despite complex state-by-state structures, Medicaid has been receptive to reimbursing for telehealth services recognizing that patients and providers have fully embraced the technology.
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Some very good news for the telehealth community can be found amidst the more than 1,400 pages of the proposed Medicare Physician Fee Schedule for 2019(“Proposed Rule”) issued by CMS yesterday.
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As we look back on 2017, one message is clear: don’t be a Scrooge when it comes to HIPAA compliance. With ever-evolving security threats and unrelenting enforcement, regulated entities must maintain a spirit of compliance that lasts the whole year through.
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The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow.  Last week, the U.S. Food and Drug Administration (“FDA”)  approved a new smartphone-based "carbon monoxide breath sensor system" that measures carbon monoxide levels on a user's breath.
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Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. 
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Next Tuesday, January 12th, Mintz and ML Strategies will host the first installment of our three-part series focusing on the 21st Century Cures Act (“Cures Act”).  The Cures Act represents significant legislation that will have overarching implications on medical research, product development, and drug and biologic manufacturing.
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News & Press

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.

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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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Mintz’s new Women’s Health and Technology Practice brings together attorneys from our transactional, intellectual property, health care, FDA regulatory, and litigation teams to serve FemTech and other life sciences clients. The practice advises companies, entrepreneurs, and investors focused on addressing unmet needs in women’s health.

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Law360 featured the launch of the firm's Women's Health and Technology practice and highlighted founding Members Ellen JanosJoanne HawanaKaren 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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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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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

Conference Reference Image
Moderator
Dec
1
2020

Telehealth: What's Next?

Women Business Leaders of the U.S. Health Care Industry Foundation (WBL) Event

Online Event

Webinar Reference Image
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 – 2024) 

  • Best Lawyers in America: Health Care Law (2008 – 2025)

  • 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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