Overview
Rick Hindmand
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EMAIL rhindmand@mcdonaldhopkins.com

PHONE 312.642.2203

WATCH: Meet Rick Hindmand

Experience

Rick helps healthcare professionals, organizations and advisers structure their operations and arrangements to address legal, compliance and business challenges while advancing and protecting their interests.

Rick focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. Rick represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, ambulatory surgery centers, provider networks, physician/ hospital affiliations and accountable care organizations (ACOs), as well as arrangements to provide ancillary services, chronic care management and physician in-office dispensing of prescription drugs. His services extend to various corporate and transactional matters, including practice acquisitions and managed care, billing, management, employment, independent contractor, and other service arrangements.

Rick assists healthcare providers and businesses in developing and implementing proactive approaches to identify and address existing and potential compliance challenges. He counsels clients on regulatory, fraud and abuse, data privacy and cybersecurity, reimbursement and professional practice issues, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions. Rick provides guidance with respect to the HIPAA Privacy and Security Rules and the HITECH Breach Notification Rule, working with HIPAA covered entities and business associates to implement and update policies, procedures and related safeguards for the privacy and security of protected health information (PHI). Rick also assists covered entities and business associates in assessing whether a data breach occurred and in reporting and responding to breaches of PHI and in responding to HIPAA investigations and enforcement activities.

Rick earned a J.D., cum laude, from University of Michigan Law School in 1986. He received a B.A., with honors, from Northwestern University in 1981. 

 

Representative Cases/Matters

Corporate

  • Outside general counsel representation of physician practices, with particular focus on:
    • Drafting and negotiating of contracts and organizational documents
    • Counseling on compliance, regulatory, employment, privacy, security and reimbursement issues
  • Advise healthcare professionals and providers regarding affiliations, mergers and acquisitions
  • Prepare and negotiate agreements for purchase of medical, optometry and dental practice assets and investment interests  
  • Represent medical practices, physicians and other healthcare providers in preparing and negotiating employment and independent contractor agreements
  • Advise physician-owned and physician/hospital-owned ambulatory surgery centers (ASCs) on issues relating to preparation and revision of operating agreements, issuance and sale of membership interests, and related anti-kickback issues

Structuring Professional Practice Arrangements

  • Represent physician practices in drafting and negotiating pathology, radiology, emergency, anesthesia, neuromonitoring and other professional services agreements with healthcare facilities and providers
  • Represent management companies and physician practices in structuring, drafting and negotiating management service agreements for physician in-office prescription drug dispensing arrangements
  • Advise wholesale drug distributors regarding wholesale drug sales to healthcare providers
  • Represent management and clinical staffing companies in structuring and drafting clinical staffing and management service agreements with physician practices for chronic care management (CCM) services and in developing CCM policies and procedures
  • Advise software developers and physician practices regarding software licensing (end user license agreements)
  • Illinois counsel for multi-state surveys and transactions
  • Advise nursing homes on long-term care pharmacy contract issues
  • Advise and represent physicians on affiliations with health systems
  • Advise physician networks on corporate, compliance, antitrust and reimbursement matters
  •  Represent physician-owned hospital in developing Comprehensive Care for Joint Replacement (CJR) Collaborator Agreement and arrangements 

Reimbursement

  • Counsel healthcare providers on reimbursement self-audits, overpayment reporting and payor audits
  • Advise healthcare providers on anti-markup rule
  • Advise physicians and physician organizations on value-based payment models
  • Advise physicians and management companies on direct primary care and concierge medicine models

Compliance, Fraud and Abuse

  • Advise healthcare organizations and professionals on fraud and abuse issues, including compliance with the Stark self-referral law, state self-referral laws, federal and state anti-kickbackstatutes, civil monetary penalties law and overpayment obligations
  • Advise ambulatory surgery centers (ASCs) on anti-kickback and self-referral issues relating to physician ownership and defend ASC against self-referral allegations
  • Advise physicians and healthcare organizations on compliance programs and issues 

HIPAA, Data Privacy and Security

  • Represent HIPAA covered entities and business associates in the review, development and implementation of HIPAA policies and procedures
  • Advise covered entities and business associates on risk assessment and breach reporting
Credentials

Admissions - State

  • Illinois
  • Pennsylvania

Education

  • University of Michigan Law School
  • Northwestern University

Professional Membership

  • Illinois Association of Healthcare Attorneys (Board of Directors, 2016-present)
  • Physician Organizations Practice Group of the American Health Lawyers Association (Vice Chair, 2010-2016)
  • American Health Lawyers Association
  • Illinois State Bar Association  (Health Care Section Council, 2005-2014, Secretary 2010-2011, Vice Chair 2011-2012, Chair 2012-2013)
  • Chicago Bar Association (Past Vice Chair, 2001-2002 and Chair, 2002-2003 - Health Law Committee)
Insights

Alerts

Blog Posts

External Publications

  • Coauthor, "OCR Enforcement Action Sends Clear Message to Covered Entities: Timeliness Matters When It Comes to Breach Notification," AHLA Practice Group Alert, January 2017
  • Quoted, "Paradigm Shift: Don't Expect a Small Penalty for a Small Breach," Health Information Compliance Alert, July 2016
  • Author, "Physician ancillary services" chapter, Representing Physicians Handbook, 4th Edition
  • Coauthor, "Physician in-office drug dispensing and compounding arrangements" chapter, Representing Physicians Handbook, 4th Edition
  • Coauthor, "NIST/OCR Security Conference Reemphasizes Importance of Robust Security," American Health Lawyers Association, October 27, 2015
  • Coauthor, "HIPAA Settlements Focus on Encryption and Risk Analysis," American Health Lawyers Association, October 26, 2015
  • Coeditor, "Analysis of Key Provisions Contained in the 2016 Medicare Physician Fee Schedule Proposed Rule," American Health Lawyers Association Member Briefing, August 2015
  • Coeditor, "Toolkit: Corporate Practice of Medicine & Free Splitting Issues," Illinois Association of Healthcare Attorneys, May 2015
  • "Protecting data and escalating enforcement in the US," eHealth Law and Policy, May 2015
  • Quoted, "Cyber Criminals Want Your Data: Protect Your Patients and Your Lab," g2reports, April 28, 2015
  • "Hospital Employment of Physicians: Diagnosing the Risks," Journal of Corporate Renewal, April 2015
  • Quoted, “Watch for Overpayments as Final Rule Delay Leaves Providers Vulnerable Under FCA,” Part B News, March 2, 2015
  • Coauthor, “Medicare Chronic Care Management,” Medical Home News, March 2015
  • Quoted, "12 Changes That Will Affect Doctors’ Income in 2015," The Direct Primary Care Journal, February 15, 2015
  • “Proposed Rule Would Ease ACO Exclusivity Restrictions for Some Physician Specialties,” AHLA Executive Summary, February 2015
  • “Navigating HIPAA and Cybersecurity in the Cloud,” Northern Ohio Physician, January/February 2015
  • Contributor, "Physician Reimbursement for Chronic Care Management: Identifying New Practice Revenue Opportunities," Healthcare Intelligence Network, January 2015
  • Coauthor, “Private Payor and Physician Perspectives on ACO Collaborations” chapter, The ACO Handbook (2015)
  • Quoted, "CMS Chronic Care Management Medicare Reimbursement: Sizeable Revenue, Health Outcome Opportunities," Healthcare Intelligence Network, November 21, 2014
  • Quoted, "Protect your practice; insist on a BAA from your online appointment vendor," Part B News, October 13, 2014
  • Quoted, "To avoid penalties, go beyond HHS’ HIPAA security risk analysis tool," Part B News, April 21, 2014
  • “ACO Physician Exclusivity: Principles and Alternatives,” AHLA Executive Summary, March 2014
  • “New Settlement Another Reminder of HIPAA Exposure for Physician Practices,” AHLA e-alert, December 2013
  • “Physician In-Office Prescription Drug Dispensing,” AHLA Physician Organizations Newsletter, December 2013
  • "CMS Issues 2014 Medicare Physician Fee Schedule Final Rule," RBMA Monthly Legal Update Digest December 2013
  • "CMS Issues 2014 Medicare Physician Fee Schedule Final Rule," McDonald Hopkins LLC Alert, December 2013
  • Quoted, "Are your business associate agreements up-to-date with the latest HIPAA requirements?" Medical Office Manager, November/December 2013
  • "Business Associates" chapter (co-author), HIPAA Revisited: An Analysis of the Omnibus Rule and a Practical Compliance Guide (American Health Lawyers Association Member Briefing), November 2013
  • "Who is a HIPAA Business Associate?," RBMA Monthly Legal Update Digest July 2013
  • “ACOs and Physicians Face Challenges in Navigating Physician Exclusivity Restrictions,” Accountable Care News, June 2013
  • "CMS Issues Guidance on ACO Physician Exclusivity," RBMA Monthly Legal Update Digest May 2013
  • “CMS Issues FAQ Guidance on ACO Physician Exclusivity,” American Health Lawyers Association, April 2013
  • “HITECH Final Rule Revises Privacy, Security and Breach Notification Rules,” (coauthor), Northern Ohio Physician, March/April 2013
  • "Physician Payment Sunshine Act Final Rule Issued: Manufacturers and GPOs to Report Financial Relationships with Physicians," RBMA Monthly Legal Update Digest March 2013
  • "Final Rule Implements HITECH Revisions to Privacy and Security Rules," RBMA Monthly Legal Update Digest February 2013
  • “Diagnostic Testing Toolkit,” American Health Lawyers Association, 2012 (editor)
  • "Can Specialist Physicians Participate in More than One ACO?" RBMA Monthly Legal Update Digest November 2012
  • "Physicians Participating in ACOs May Be More Exclusive Than They Think," RBMA Monthly Legal Update Digest October 2012
  • "Compliance Plans for Physician Practices," American Health Lawyers Association, August 2012 (coeditor)
  • “Accountable Care Organization Member Briefing,” American Health Lawyers Association, May 2012 (contributing author)
  • “MedPAC calls for Physician Reimbursement Changes,” and “New Commission to Recommend Changes to Physician Payment System,” American Health Lawyers Association Physician Organizations Monthly e-Newsletter, April 2012
  • "Physician supervision and scope of practice issues can create liability," RBMA Monthly Legal Update Digest February 2012
  • CMS Regulations Expand Enrollment Screening Procedures and Authority to Suspend Payment,” RBMA Monthly Legal Update Digest May 2011
  • Registration Required for Illinois Medical and Professional Limited Liability Companies,” RBMA Monthly Legal Update Digest May 2011
  • “Stark Law Disclosure Requirement for MRI, CT and PET Tests,” RBMA Monthly Legal Update Digest May 2011
  • “Medical Control of Emergency Medical Services,” Journal of Health & Life Sciences Law, February 2011 (coauthor)
  • “CMS Regulations Expand Enrollment Screening Procedures and Authority to Suspend Payment,” American Health Lawyers Association Physician Organizations Monthly e-Newsletter, February 2011 (coauthor)
  • “Survey of Illinois Law: Health Care,” 34 Southern Illinois University Law Journal 1033, 2010 (coauthor)
  • “OCR Proposes to Extend HIPAA Obligations to Subcontractors of Business Associates, Implement HITECH Provisions,” G-2 Compliance Report, September, 2010
  • “Office of Civil Rights Issues Proposed HITECH Rules,” American Health Lawyers Association Practice Group email Alert, July 16, 2010 (coauthor)
  • “CMS Updates Signature Guidelines,” Physician Organizations Practice Group e-Newsletter, May, 2010
  • “Ambulances, Emergency Medical Services and Medical Transportation,” chapter, Health Law Practice Guide, American Health Lawyers Association (coauthor)
  • “Physician Ancillary Services” chapter, Representing Physicians Handbook, 2nd edition (2009)
  • “Illinois Medical Fee Splitting Statute Amended to Allow Percentage Billing Contracts,” Health Care Lawyer, December, 2009 (Volume 26, No. 2)
  • "UnitedHealth Group and Aetna Agree to Settlements of Out-of-Network Reimbursement Rates," Northern Ohio Physician, March/April 2009
  • “In-Office Diagnostic Testing: 2009 Medicare Physician Fee Schedule Revises Standards,” Physician Organizations Newsletter, March 2009 (Volume 12, Issue 1) (coauthor)
  • “2009 Medicare Physician Fee Schedule Revises Anti-Markup Rule,” Diagnostic Imaging Intelligence, January 2009 (coauthor)
  • "Enforcement Activities and Litigation Target Low Out-of-Network Reimbursement Rates," Northern Ohio Physician, November/December 2008
  • "Survey of Illinois Law: Health Care,” Southern Illinois University Law Journal, Summer 2008 (Volume 32) (coauthor)
  • “Impact of Anti-Markup and IDTF Sharing Restrictions Upon Physician Provision of Diagnostic Tests,” Physician Organizations Newsletter, February 2008 (Volume 11, Issue 1) (coauthor)
  • "Physician Reimbursement and Billing," chapter, The Law of Medical Practice In Illinois, 3rd edition (2007, along with 2008-2011 updates) 
  • Vine Street's Impact on PPO/Doctor Business Arrangements," Illinois Bar Journal, July 2007 (coauthor) 
  • "Illinois Supreme Court Upholds Physician Restrictive Covenants," Health Care Lawyer, March 2007 (Volume 23, No. 3)
  • "Workers' Compensation Changes for Health Care Providers," Health Care Lawyer, September 2006 (Volume 23, No. 1)
Events

Speaking Engagements

  • Moderator, “Implementing an Effective Compliance Program While Identifying and Overcoming Pervasive Ethical and Privilege Concerns,” November 10, 2016
  • Presenter, "Traveling the Road to Value-Based Payment in a Regulatory Enforcement Minefield, Part IV," November 15, 2016 (webinar)
  • Moderator, "Comprehensive Primary Care Plus (CPC+): Implications and Challenges," September 8, 2016 (webinar)
  • Presenter, "Panel Discussion: HIPAA Compliance for Technology Startups," August 30, 2016
  • Presenter, “Healthcare Business Law: Changes You Need to Know!”, May 26, 2016 (webcast):
    • Hot-Button Issues and Current Trends in Health Law
    • The New HIPAA Compliance Regulations, Requirements and Procedures: an Attorney’s Guide
    • Board of Director Liability: Legal Responsibilities and Best Practices
    • Healthcare Contracts: Negotiating and Enforcement
  • Presenter, “Structuring Physician Timeshare Arrangements: Leveraging the New Stark Exception, Navigating the Limitations,” April 28, 2016
  • Moderator, “Advanced Compliance Education Webinar Series: Part VII: Compliance for Physician Practices,” February 29, 2016
  • Presenter, "Structuring Business Associate Agreements for Covered Entities and Business Associates," December 21, 2015
  • Moderator, "Physician Self-Referral Regulations Revisions: Implications and Challenges," December 16, 2015
  • Presenter, “Structuring Physician-Pharmacy Ventures: Minimizing Regulatory Risks, Ensuring Reimbursement,” November 19, 2015
  • Moderator, “Medicare Physician Fee Schedule 2016 Proposed Rule: Important Policy Issues to Consider Now,” August 31, 2015 webinar
  • Presenter, "Medicare Chronic Care Management: Billing, Compliance, and Implementation Issues," AHLA webinar March 24, 2015
  • Presenter, “Structuring Physician In-Office Drug Dispensing and Compounding Arrangements,” February 2 and 4, 2015
  • Presenter, "Lawyers as HIPAA Business Associates," November 21, 2014
  • Presenter, "Chronic Care Management Medicare Reimbursement: New Revenue Opportunities for Care Coordination," November 19, 2014
  • Presenter, “Medicare and Reimbursement Issues,” March 31, 2014
  • Presenter, “Lawyers as HIPAA Business Associates,” October 4, 2013
  • Webinar panelist, "The new HIPAA standards: Are you ready?" August 22, 2013 
  • Co-presenter, “Protecting Health Data: Changes and Action Steps for Health Plans, Providers and Their Business Associates,” July 25, 2013
  • Moderator, “Privacy Breach Notification and the New HIPAA/HITECH Regulations,” May 30, 2013 
  • Moderator, “Emerging Health Care Delivery Models,” April 19, 2013 
  • Webinar presenter, “ACO Beneficiary Assignment and Physician Exclusivity,” March 13, 2013 
  • Webinar presenter, “Medicare Payment to Physicians and Others Covered Under Part B,” January 9, 2013 
  • Moderator, “National Healthcare Reform and Its Effect on Illinois Employers and Health Insurance,” November 8, 2012 
  • Presenter, “HIPAA/HITECH Update,” October 18, 2012 
  • Webinar co-presenter, “ACO Emerging Trends – Lessons Learned on ACO Start-Up,” September 14, 2012 
  • Moderator, “National Federation of Independent Business v Sebelius: A Final Decision on Health Care Reform?” 
  • Panelist, "Healthcare Disaster Recovery Planning & HIPAA Security Compliance: Best Practices," Techweek Conference 2012 
  • Webinar moderator, "Physician Supervision Requirements and False Claims Implications for Diagnostic Testing," January 10, 2012 
  • Webinar co-presenter, "HITECH and HIPAA Security Compliance: Critical Issues for Healthcare Organizations, " December 14, 2011 
  • Webinar co-presenter, “HITECH and HIPAA Security Compliance: Critical Issues for Healthcare Organizations,” October 4, 2011 
  • Panelist, "Roundtable Discussion of Recent Issues Affecting Physicians," Physicians and Physician Organizations Law Institute, February 9, 2011 
  • "Structuring Ancillary Revenue Transactions," Physicians and Physician Organizations Law Institute, February 9-10, 2009
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