Digital Health MSOs in the Enforcement Crosshairs: CPOM Compliance, Fraud and Abuse Exposure, and the Government Investigation Playbook

Melissa L. Jampol, Member of the Firm | Epstein Becker & Green, P.C.

Melissa L. Jampol is a Member of the Firm at Epstein Becker & Green, P.C., resident in the New York and Newark offices, and a member of the firm’s Board of Directors. She defends health care, financial services, and other companies under government investigation, drawing on many years of service as a federal and New York state prosecutor. Her practice covers complex civil and criminal investigations, False Claims Act and qui tam matters, fraud and abuse compliance counseling, and sensitive internal investigations for clinical laboratories, pharmacies, nursing homes, and hospital systems.

• Education & Credentials

Ms. Jampol earned her Juris Doctor cum laude from Northwestern Pritzker School of Law in 1998, where she served as Editor-in-Chief of the Journal of Criminal Law & Criminology, and her Bachelor of Arts with distinction from Yale University in 1993. She is admitted in New Jersey and New York, before the United States Court of Appeals for the Fifth Circuit, and before the United States District Courts for the District of New Jersey, the Eastern District of Michigan, and the Eastern and Southern Districts of New York.

• Recognition & Leadership

Ms. Jampol co-leads Epstein Becker Green’s White Collar/Government Investigations and Government Enforcement working groups. Chambers USA has ranked her in Band 1 for New Jersey Litigation: White-Collar Crime & Government Investigations, recognizing her as a Leader in Their Field from 2020 through 2026. She is listed in The Best Lawyers in America for White Collar Criminal Defense from 2020 through 2027 and for Health Care Law from 2024 through 2027. She received the United States Department of Justice, Criminal Division, Assistant Attorney General’s Distinguished Service Award in 2015, and the New Jersey Women in Law Enforcement Meritorious Achievement Award in 2016.

• Professional Involvement

Ms. Jampol is a member of the American Bar Association, Health Law Section and Criminal Justice Section, the American Health Lawyers Association, the National Association of Criminal Defense Lawyers, and the Women’s White Collar Defense Association in New Jersey and New York. She served on the Law360 White Collar Editorial Advisory Board in 2017 and from 2019 to 2022.

• Experience

Ms. Jampol built her enforcement perspective as a federal and New York state prosecutor, including service at the Manhattan District Attorney’s Office. In private practice she defends health care organizations in False Claims Act investigations involving academic medical centers, diagnostic companies, and clinical laboratories, and defends companies and individuals against health care fraud and Anti-Kickback Statute allegations. She also conducts internal investigations for pharmacy benefit managers, hospitals, and other institutions.

Eric M. Fish, Partner | Hooper Lundy & Bookman, P.C.

Eric M. Fish is a Partner at Hooper Lundy & Bookman, P.C., resident in the firm’s Washington, D.C. office. He advises health care clients on digital health regulation, privacy, compliance, and enforcement risk, including government investigations and matters involving artificial intelligence. His practice sits at the intersection of regulation, policy, and innovation, and he describes his approach as working to understand what drives each client and collaborating as a trusted partner in achieving their goals.

• Education & Credentials

Mr. Fish earned his Juris Doctor from Loyola University Chicago School of Law in 2006 and his Bachelor of Arts from the University of Chicago in 2003. He was admitted to practice in Illinois in 2006 and in North Carolina in 2020.

• Recognition & Leadership

Mr. Fish has held senior legal leadership roles across the health care regulatory system. He served as Chief Legal Officer of the Federation of State Medical Boards, as Chief Legal Counsel for the Uniform Law Commission, and as general counsel for a large health care association. He led the development of the Interstate Medical Licensing Compact and drafted the Federation of State Medical Boards guidance on the use and regulation of artificial intelligence in clinical settings.

• Professional Involvement

Mr. Fish is a member of the American Bar Association, Health Law Section. He co-authored the California chapter of Chambers and Partners’ Digital Healthcare 2026 Guide, has published in The North Carolina Family Physician Magazine, and has appeared on Scripps News and Forbes TV to discuss litigation over medical liability and artificial intelligence. He is a speaker at Samford University Cumberland School of Law.

• Experience

Mr. Fish advises digital health and telehealth companies, health systems, and other providers on the regulatory architecture of virtual care, including licensure, scope of practice, privacy, and compliance program design. His practice covers digital health and business transactions, and he counsels clients on enforcement risk and government investigations as well as on the regulatory treatment of artificial intelligence tools in clinical care.

SESSION 1 – Structuring the Compliant Digital Health Platform: CPOM, Fraud and Abuse, and the New State Rules | 2:30pm – 3:30pm

This session examines the regulatory architecture of digital health care delivery under the accelerating CPOM enforcement wave, with a focus on how telehealth and digital health platforms differ from brick-and-mortar MSO structures. Attorneys will learn where state CPOM regimes draw the clinical-control line for virtual care delivery, which management agreement provisions create per se risk under the new statutes, how management fees, equity arrangements, and referral flows generate Anti-Kickback Statute and Stark Law exposure inside the MSO model, and how to remediate legacy structures ahead of enforcement rather than after it. Attendees will leave with actionable criteria for auditing multi-state telehealth structures, redrafting the provisions regulators target first, and sequencing remediation without destabilizing operations, financings, or pending transactions.

BREAK | 3:30pm – 3:40pm

SESSION 2 – When the Government Comes Calling: Investigations, Subpoenas, and Resolving the Enforcement Action | 3:40pm – 4:40pm

This session walks through the government enforcement encounter from first contact to resolution. Attorneys will learn how state AG and federal healthcare investigations originate and escalate, how to respond to subpoenas and civil investigative demands without compounding exposure, how to structure the privileged internal investigation, and how to negotiate resolutions that preserve the company’s ability to operate. Attendees will leave with a practical playbook for the moment structural noncompliance stops being a compliance question and becomes an enforcement matter.