Telehealth: Two Steps Forward For Payment, Three Steps Back For Fraud?

Akerman LLP

Akerman LLP

For telehealth, 2019 is off to a running start. In the first four months of the year alone, the industry has seen confirmation of payment advances for Medicare Advantage beneficiaries and expansion of coverage under state legislative efforts, tempered by a substantial federal fraud initiative and prosecutions and new state licensure mandates. Below is a summary of the more significant developments.

Medicare Advantage Final Rule Confirms Payment Advances

On April 5, 2019, CMS filed the final rule for policy and technical changes to Medicare Advantage (MA) for fiscal years 2020 and 2021 (Final Rule).[1] The Final Rule confirms much of CMS’ earlier November 1, 2018, proposed policy and technical changes, allowing MA plans to offer “additional telehealth benefits” starting in plan year 2020, treating them as basic benefits, in addition to MA supplemental benefits not covered by original Medicare that are provided via remote access technologies and/or telemonitoring. The Final Rule estimates that the additional telehealth benefits are expected to produce $557 million in savings for enrollees over 10 years, as well as a $80 million transfer from the Medicare Trust Fund instead of out of the rebates (as supplemental benefits.) [2] As noted in the commentary, telehealth services have already seen a substantial uptick under MA plans with 88% of plans offering telehealth supplemental benefits in 2018 – a 77% increase from 2017.[3]  CMS Administrator Seema Verma noted: “Today’s policies represent a historic step in bringing innovative technology to Medicare beneficiaries. With these new telehealth benefits, Medicare Advantage enrollees will be able to access the latest technology and have greater access to telehealth. By providing greater flexibility to Medicare Advantage plans, beneficiaries can receive more benefits, at lower costs and better quality.”

Prior to these changes, Medicare beneficiaries could only receive certain telehealth services if they lived in certain rural areas and met other limiting requirements. These limitations were not as significant for MA plans, which could offer more telehealth services as part of their supplemental benefits. With the Final Rule, MA plans can offer beneficiaries more telehealth services as additional benefits of the plan, expanding patients’ access to telehealth services through more providers and to more parts of the country than previously provided under Medicare. The change in financing (i.e. including the benefits in the capitated payment) makes it more likely to be offered by MA plans and utilized by beneficiaries.[4] CMS notes in its commentary its belief that “MA additional telehealth benefits will increase access to patient-centered care by giving enrollees more control to determine when, where, and how they access benefits.“[5] 

The detail of most of these changes is reflected in our prior summary of the Proposed Rule,[6] but the key points are itemized below: 

  • MA plans may offer Part B telehealth services as “additional telehealth benefits” and treated as basic benefits for purposes of bid submission and payment by CMS.
  • All MA plan enrollees are eligible to receive telehealth services irrespective of where they live AND can receive these services in their home.
  • Providers’ costs of infrastructure of the telehealth services (e.g. extra computers, wireless services, etc.) cannot be included in the providers’ payments.
  • The MA Plan, not CMS, determines the services each year that are clinically appropriate to furnish as telehealth.
  • Providers do have great flexibility through the definition of electronic information and telecommunications technology as to how the benefit is offered – secure messaging, store and forward, telephone, video conferencing, other internet-enabled technologies, and other evolving technologies as appropriate for non-face-to-face communication.
  • The MA plan must notify its enrollees about the option to receive services via telehealth in its coverage document and identify any providers offering services for additional telehealth benefits. 

Although not much changed between the Proposed Rule and the Final Rule,[7] the commentary to the Final Rule, which reflects review and response to 180 pieces of correspondences received by CMS regarding the Proposed Rule, does provide additional clarifications, the highlights of which are as follows:

  • The provisions allowing for future technology under this benefit are not intended to conflict with the separate Medicare payment for traditional Medicare telehealth coverage or new “communication technology-based services” that are inherently non-face-to-face, paid under the Physician Fee Schedule, and not subject to the restrictions on Medicare telehealth services (such as RPM and remote interpretation of diagnostic tests, chronic care management services, transitional care management, and behavioral health integration services, virtual check-ins, remote evaluation of pre-record patient information, and interprofessional internet consultation).
  • If a service is covered under Part B and provided through electronic exchange but otherwise does not comply with the requirements for basic benefits under an MA plan (e.g. is provided by an out of network healthcare provided, then it may be covered only as an MA supplemental telehealth benefit.
  • In-person Part B services and services delivered via electronic exchange are delivered differently; as such, they can be treated differently from a cost-sharing perspective, with the caveat that any differential cost sharing must parallel the actual cost of administering the service and not to steer beneficiaries or inhibit access, which could lead to compliance or enforcement action.
  • PPO plans will not be required to furnish MA additional telehealth benefits out of network, but if it wants to offer on an out-of-network basis, it may only cover as a MA supplemental telehealth benefit. 

“Operation Brace Yourself” Signals Attention to Fraud

Four days following CMS’s filing of the Final Rule, the U.S. Department of Health & Human Services’ Office of Inspector General (OIL) and collaborative enforcement partners[8] announced charges against 24 defendants, including the CEOs, COOs, and others associated with five telemedicine companies (including Videa Doctor USA, Afforded, Web Doctors Plus, Integrated Support Plus and First Care MD)[9], the owners of dozens of durable medical equipment (DME) companies, and three licensed medical professionals, for their alleged participation in healthcare fraud schemes involving more than $1.2 billion in losses; the execution of over 80 search warrants in 17 federal districts; and adverse administrative action against 130 DME companies that submitted over $1.7 billion in claims and were paid over $900 million.

This timing does not seem to be coincidental, and, in fact, in issuing the indictments, the government highlights the long-recognized concern that, by expanding access to telehealth benefits, it is increasing the potential for fraud in telehealth.  As such, by the operation and indictments (much like in its action in 2017 pursuing a $32,000 settlement against a psychiatric provider in Connecticut for non-telehealth services billed as telehealth services), it clearly sends a message to the industry that law enforcement is watching and will aggressively prosecute any company or individual that seeks to commit a fraud in this arena.  Indeed, in unsealing the indictments, the government demonstrated that the alleged fraudsters would not only be prosecuted for healthcare fraud, which carries a maximum sentence of ten years and a fine of $250,000 (18 USC §§ 1347, 3571), but will also seek to include counts for money laundering and mail fraud which carry maximum sentences of 20 years and penalties of $500,000 or $250,000 respectively (18 USC §§ 1956, 1341).[10] The charges result from a fraud strike force initiative aptly named “Operation Brace Yourself.”

Generally described, the alleged scheme involved payment of illegal kickbacks and bribes by DME companies in exchange for the referral of Medicare beneficiaries by medical professionals working with telemedicine companies for medically unnecessary back, shoulder, wrist, and knee braces.  Some of the defendants allegedly controlled an international telemarketing network that lured over hundreds of thousands of elderly and/or disabled patients into a criminal scheme that crossed borders, involving call centers in the Philippines and throughout Latin America.  The defendants allegedly paid doctors to prescribe the DME, either without any patient interaction or with only a brief telephonic conversation with patients they had never met or seen.  The proceeds of the fraudulent scheme were allegedly laundered through international shell corporations and used to purchase exotic automobiles, yachts, and luxury real estate in the United States and abroad. In addition to the charges brought against the defendants, the OIG has issued a beneficiary alert to the scheme, which includes both information describing the scheme and steps for reporting any illegal behavior.[11]

Specifically, the alleged masterminds behind the scheme owned a call center, which aired television and radio advertisement for orthotic braces covered by Medicare and made direct calls to beneficiaries to offer “free or low cost” orthotic braces. In turn, the call center confirmed the beneficiaries’ coverage with Medicare and transferred them to a telemedicine company for a physician consult and prescription for the orthotic braces. The physician under contract with the telemedicine company generated a prescription for the orthotic brace without regard to medical necessity, and often without either any patient interaction or with only a brief telephonic conversation with patients they had never met or seen. The call center paid the telemedicine company and its physician for the prescription, which was submitted to the call center rather than directly by the physician to the DME company without charge. The call center subsequently sold the prescriptions to the DME company, the DME company sent braces to beneficiaries, and the DME company billed Medicare for the brace and received payment between $500-$900 per brace, approximately $300 of which it paid to the call center owners.[12]

In commenting on the indictments, the Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division sums up the conundrum for telemedicine perfectly: “These defendants — who range from corporate executives to medical professionals — allegedly participated in an expansive and sophisticated fraud to exploit telemedicine technology meant for patients otherwise unable to access health care.”

New State Legislation

Since the proverbial New Year’s Eve ball dropped at the start of 2019, we have seen quite a bit of state legislative activity on the telehealth front.

  • Arkansas: Arkansas lawmakers passed legislation that includes telemedicine or other remote technology as a viable source of mental health treatment for those who are deaf or hard of hearing. AR Legis 644 (2019).
  • Florida: The Florida legislature passed House Bill 23, which provides a telehealth tax credit for tax years beginning on or after January 1, 2020 and authorizes telehealth providers to use telehealth to provide a patient evaluation and prescribe certain controlled substances. FL Legis HB 23 (2019).
  • Georgia: The Georgia legislature recently passed SB 115, which would provide for telemedicine license for physicians licensed in other states wanting to provide telemedicine services to Georgia license.  To do so, the bill proposes amending the Georgia Medical Practice Act to allow out-of-state physicians to provide telemedicine services to patients in Georgia via a telemedicine license.  Eligibility for such a license would require the physician to (1) hold a full and unrestricted license to practice medicine in another state; (2) not have any disciplinary or other action taken against him or her by any other state or jurisdiction; and (3) meet such other requirements established by the board as deemed necessary by the board to ensure patient safety.
  • Nebraska: The Nebraska legislature enacted a law providing for a credential holder under the Uniform Credentialing Act to establish a provider-patient relationship through telehealth, and to prescribe the patient a drug if the credential holder is authorized to so prescribe under state and federal law. NE Legis 29 (2019).
  • New Mexico: The New Mexico legislature passed a bill requiring a number of health insurers to provide coverage for services provided via telemedicine to the same extent that the group health plan covers the same services when those services are provided via in-person consultation or contact. NM Legis 255 (2019).
  • South Dakota: The South Dakota legislature passed an act for the utilization of telehealth by a healthcare professional. Under the act, any healthcare professional treating a patient in the state through telehealth must be licensed to practice in the state or employed by a licensed healthcare facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency, and subject to any rule adopted by the applicable South Dakota licensing body. A provider-patient relationship must be in place if a provider is treating a patient through telemedicine, and a healthcare professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in the provision of the same service not delivered via telehealth. SD Legis 156 (2019).

    The South Dakota legislature also passed an act to provide for the payment of claims for covered services provided by a healthcare professional via telehealth, which disallows a health insurer from excluding a service for coverage solely because the service was provided through telehealth and not provided through in-person consultation between a healthcare professional and a patient. SD Legis 211 (2019).
  • Utah: In Utah, the legislature amended provisions regarding reimbursement for telemedicine services, requiring the Medicaid program to reimburse for certain telemedicine services at rates set by the Medicaid program, requiring the Public Employees’ Benefit and Insurance Program to reimburse for certain telemedicine services at commercially reasonable rates, and amending telemedicine reporting and study requirements. The act requires the Medicaid program to reimburse for telemedicine services at the same rate that the Medicaid program reimburses for other healthcare services. UT Legis HB 392 (2019).
  • Virginia: In Virginia, lawmakers passed an act providing for the payment of medical assistance for medically necessary healthcare services provided through telemedicine services, which now include remote patient monitoring services. VA Legis 219 (2019).

This flurry of state legislation demonstrates the expansion of telehealth services and payment at the state level with the counterbalancing licensing controls as another means of attempting to ensure a caliber of quality control for these services.

In summary, these developments herald the continued expansion of coverage of telehealth services in 2019; however, the spectres of fraud and licensure enforcement serve as a powerful reminder that these services will not go unmonitored.

[1]  A summary of the 2019 Proposed Rule can be accessed at
[2] Final Rule at 8.
[3] Final Rule at 12.
[4] Final Rule at 14.
[5] Final Rule at 5.
[6] This summary can be accessed at

[7] Id.
[8] Federal agencies participating in the initiative include the OIG, the Health Care Fraud Unit of the U.S. Department of Justice’s Criminal Division’s Fraud Section, its Medicare Fraud Strike Force (MFSF)(a partnership among the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG), and the U.S. Attorney’s Offices for the Districts of South Carolina, New Jersey and the Middle District of Florida, with participation from the IRS-Criminal Investigation, and the Center for Medicare Services’ (CMS) Center for Program Integrity (CPI).  First established in March 2007, MFSF teams currently operate in the following areas: Miami, Florida; Los Angeles, California; Detroit, Michigan; Houston, Texas; Brooklyn, New York; Baton Rouge and New Orleans, Louisiana; Tampa and Orlando, Florida; Chicago, Illinois; Dallas, Texas; Washington, D.C.; Newark, New Jersey/Philadelphia, Pennsylvania; and the Appalachian Region.
[10] It is noteworthy that, in this operation, the defendants were only charged with money laundering conspiracy (18 USC § 1956(h)), which only carries a maximum ten year sentence.  However, by including such a charge, the government has signaled that, if the facts exist in the future, a straight money laundering count will be included.
[12] For a user friendly pictorial of the alleged scheme, which the OIG is using in its alerts to beneficiaries and others of the scheme, see


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Akerman LLP | Attorney Advertising

Written by:

Akerman LLP

Akerman LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.