Jeremy D. Sherer

Jeremy Sherer is a health care attorney specializing in digital health matters and co-chair of the Firm’s Digital Health Task Force.   He counsels health care providers and suppliers, including hospital systems, provider organizations, national telehealth platforms and digital health startups on issues involving regulatory compliance, transactions and innovative business arrangements.

Jeremy’s digital health experience includes counseling clients on state-level scope of practices issues (e.g., licensure, informed consent, practitioner-patient relationship establishment), Medicare, Medicaid and commercial reimbursement, corporate practice of medicine issues and e-prescribing (including controlled substances), as well as health care technology transactions. He also advises clients on compliance with fraud and abuse laws, including federal and state anti-kickback and self-referral laws, provider contracting, value-based care, and regulatory compliance issues.

Jeremy frequently speaks on digital health matters across the country, and is a member of the Legal Resource Team at the Center for Telehealth and e-Health Law (“CTeL”).   He was named one of “12 Health IT Attorneys You Should Know” by Health Data Management in 2017, and received the American Bar Association Health Law Section’s “Emerging Young Lawyer in Health Care” award in 2019.  He has also been named a “Rising Star” in health care law by Super Lawyers since 2017.

Representative Matters

• Regulatory Telehealth Counsel: Counsel one of the nation's largest hospital systems on state-level telehealth developments including scope of practice, physician-patient relationship establishment, and midlevel practitioner reimbursement issues, develop related operational guidelines for staff.
• Internal Investigations:Counsel hospital system investigating potential noncompliance with federal and state anti-kickback and self-referral authorities, and related self-disclosure protocols and overpayment proceedings.
• Telehealth Reimbursement:  Counsel nationwide telehealth services provider on changes to Medicare reimbursement of telehealth and implications for Medicare fee-for-service and Medicare Advantage markets.
• Digital Health Start-up:Advise artificial intelligence start-up on regulatory issues involving state medical practice restrictions and the corporate practice of medicine prohibition.
• Contracting:  Work closely with national hospital system to develop full suite of compliance policies and procedures, template agreements including professional services agreements, medical director agreements, and SaaS agreements, as well as training materials related to compliance with federal and state anti-kickback and self-referral laws.
• Regulatory Comments:  Draft comments in response to proposed rules from the Centers for Medicare & Medicaid Services (“CMS”) and other federal agencies for national trade association representing health care stakeholders on issues pertaining to health care technology.
• Tele-behavioral Health Network:  Assist national hospital system in developing behavioral health network to address behavioral health provider shortage issues.

Presentations & Speaking Engagements

News

Health Law Perspectives

Other Publications

Publications

• How has COVID-19 Affected Laws Regarding Telemedicine?, Super Lawyers (April 27, 2020) 
• Telemedicine Can Help to Combat Opioid Epidemic, The Daily Journal (July 23, 2018)
• Privacy Compliance Highlights from 2017 – What Providers Should Know, Healthcare Financial Management Association Advisor, Vol. XLV, No. 3 (June 2018)
• Health Law Basics for Massachusetts Lawyers, New England In-House (November 2017)
• More Than Just Paperwork: Prior Authorizations, the Latest Enforcement Risk, Bloomberg BNA Health Law Reporter, 26 HLR 1441 (October 5, 2017)
• Fraud, Abuse, and the Value-Based Payment Regime: Is New Thinking Needed? American Bar Association Litigation Section, Summer 2016, Vol. 16 No. 4 (September 13, 2016)
• DOJ Targets Individuals for Violations of False Claims Act and Anti-Kickback Statute, Journal of Health Care Compliance, Vol. 18, No. 4 (July - August 2016) (co-author)
• Value Based Reimbursement: The Rock Thrown into the Healthcare Pond, Health Affairs Blog (July 8, 2016)
• IRS ACO Ruling Analysis for NAACOS Members, National Association of Accountable Care Organizations (June 10, 2016) (co-author)
• The ACA 60-Day Overpayment Rule and Related Compliance Challenges, Journal of Health Care Compliance, Vol. 17, No. 6 (November - December 2015)
• DOJ Issues Memorandum on Individual Accountability for Corporate Wrongdoing: Implications for the Health Care Industry, AHLA E-Alert (September 22, 2015)
•  Navigating CMS' Tangled Web of Stark Law Interpretation, Law 360 (July 22, 2015) (co-author)