Attorneys
Attorneys

Rick L. Hindmand

Member

Practice Focus

Professional Experience

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, medical device companies, ambulatory surgery centers, provider networks, and ancillary services, as well as physician/hospital alignment strategies and involvement in accountable care organizations (ACOs). 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.

Education

  • University of Michigan Law School, J.D., cum laude (1986)
  • Northwestern University, B.A., with honors (1981)

State Admissions

  • Illinois
  • Pennsylvania

Professional Associations

  • Physician Organizations Practice Group of the American Health Lawyers Association (Vice Chair, 2010-present)
  • American Health Lawyers Association
  • Illinois State Bar Association  (Health Care Section Council, 2005-present, 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)
  • Illinois Association of Healthcare Attorneys

Publications

  • "It's official: Feds acknowledge increased criminal review of civil healthcare cases," McDonald Hopkins LLC Alert, September 22, 2014
  • "Deadline is fast approaching for business associate agreements to comply with HIPAA's Omnibus Rule," (coauthor) McDonald Hopkins LLC Alert, September 3, 2014
  • "Settlement a harbinger of escalating Stark Law exposure for physician compensation?" (coauthor) McDonald Hopkins LLC Alert, August 29, 2014
  • "Medicare to pay for chronic care management: Forbidden fruit or just what the doctor ordered?" (coauthor) McDonald Hopkins LLC Alert, August 26, 2014
  • E/M Billing Errors Cost Medicare Billions,” McDonald Hopkins LLC Alert, June 5, 2014
  • Record settlement underscores escalating HIPAA risks,” McDonald Hopkins LLC Alert, May 13, 2014
  • Quoted, "To avoid penalties, go beyond HHS’ HIPAA security risk analysis tool," Part B News, April 21, 2014
  • HIPAA covered entities and business associates face plethora of cyber security enforcers,” McDonald Hopkins LLC Alert, April 10, 2014
  • “ACO Physician Exclusivity: Principles and Alternatives,” AHLA Executive Summary, March 2014
  • Under fire: Physicians’ compensation arrangements,” (coauthor) McDonald Hopkins LLC Alert, March 2014
  • HIPAA covered entities face March 1 deadline for breach reports,”(coauthor) McDonald Hopkins LLC Alert, February 2014
  • Physicians pay a heavy price for purchasing imported drugs and medical devices,” (coauthor) McDonald Hopkins LLC, February 2014
  • A surge in healthcare data breaches,” McDonald Hopkins LLC Alert, January 16, 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
  • “Can Specialist Physicians Participate in More Than One ACO?,” McDonald Hopkins LLC  Alert, November, 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
  • “Physician supervision and scope of practice issues can create liability,” McDonald Hopkins LLC Alert, October, 2011 (coauthor)
  • “HIPAA Audits are coming: the time to prepare is now,” McDonald Hopkins LLC Alert, August, 2011 (coauthor)
  • “Illinois out-of-network hospital-based physicians face cuts in reimbursement,” McDonald Hopkins LLC Alert, June, 2011
  • 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
  • Proposed Accountable Care Organization Regulations,” McDonald Hopkins LLC Alert, April, 2011
  • Illinois statute changes reimbursement for out-of-network hospital-based physicians,” McDonald Hopkins LLC Alert, March, 2011
  • Registration required for Illinois medical and professional Limited Liability Companies,” McDonald Hopkins LLC Alert, March, 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)

Presentations

  • 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
Phone
312-642-2203
FAX
312-280-8232
Locations
  • 300 N. LaSalle Street
    Suite 2100
    Chicago, IL 60654