Rick L. Hindmand
Chicago
Healthcare/ corporate attorney focusing on healthcare regulatory, data privacy, cybersecurity, corporate and transactional matters. Views expressed are my own
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Articles by Rick L. Hindmand
CMS revises Medicare remote patient monitoring standards
The Medicare Physician Fee Schedule 2027 Final Rule, which was just published in the Federal Register, will revise Medicare billing policies for remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM) starting January 1, 2027, for the initiating visit and RTM established patient requirements and for RPM and RTM valuation adjustments, and in 2029 for a new direct employment requirement for clinical staff.
CMS to expand ACCESS Model
The Centers for Medicare & Medicare Services (CMS) announced on September 15, 2026, that it will expand the Advancing Chronic Care Model with Effective, Scalable Solutions (ACCESS) Model starting April 1, 2027 to include tracks covering additional health conditions.
Risk Allocation in Business Associate Agreements: Structuring Indemnification Provisions and Beyond
McDonald Hopkins' Rick Hindmand will be presenting as part of a panel on "Risk Allocation in Business Associate Agreements: Structuring Indemnification Provisions and Beyond" during this virtual program presented by barbri. Not all BAAs contain indemnification provisions and, when included, these clauses vary and can generate heavy negotiation.
Remote Patient Monitoring at a Crossroads: Legal Compliance and the RPM/RTM Proposals in the Draft CY2027 Medicare Physician Fee Schedule
McDonald Hopkins' Rick Hindmand will be presenting as part of a panel on "Remote Patient Monitoring at a Crossroads" during this virtual webinar presented by the American Health Law Association.
CMS proposes major Medicare remote patient monitoring revisions
The Centers for Medicare & Medicaid Services (CMS) is proposing changes to Medicare billing requirements for remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM) that, if finalized, would disrupt common RPM and RTM arrangements involving outsourced services and add new requirements.
Structuring Remote Patient Monitoring Strategies: Managing Compliance Challenges
Speaking Engagement WEBINAR McDonald Hopkins' Rick Hindmand will be presenting as part of a panel on "Structuring Remote Patient Monitoring Strategies: Managing Compliance Challenges" during this virtual program presented by the Illinois State Bar Association. Learn how Remote Physiologic Monitoring (RPM) and Remote Therapeutic Monitoring (RTM) are reshaping clinical practice, reimbursement strategy, and compliance obligations across the healthcare landscape with this informative seminar.
CMS extends ACCESS Model application deadline
The Centers for Medicare & Medicaid Services (CMS) recently extended the application deadline for participating in the Advancing Chronic Care Model with Effective, Scalable Solutions (ACCESS) Model to May 15, 2026.
New report highlights the impact of broadband access on health and related disparities
Alert A recent report, Bridging the Broadband Health Gap: How High-Speed Internet Access is a ‘Super’ Social Determinant of Health, shines light on the importance of high-speed internet access for health outcomes, access to care and quality of care, and suggests strategies to address related health disparities.
OCR announces 11th and 12th Risk Analysis Initiative enforcement actions
Recently, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) announced two HIPAA settlements, one with a substance use disorder (SUD) provider and one with a software company.
HHS OCR launches civil enforcement program for Part 2: What SUD providers and lawful holders need to do now | JD Supra
On Feb. 13, 2026, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the launch of a new civil enforcement program for the confidentiality of substance use disorder (SUD) patient records under 42 C.F.R. Part 2 (Part 2). Civil enforcement authority begins today, Feb.16, 2026, which is also the deadline for compliance with the 2024 Final Rule implementing Section 3221 of the CARES Act.
CMS Lowers Time Thresholds for Remote Patient Monitoring
The Centers for Medicare & Medicaid Services (CMS) is loosening the time requirements for billing remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM), commencing January 1, 2026.
Be Forearmed: Protecting Your Organization from the Next Cybersecurity Attack
Speaking Engagement The Gleacher Center 450 Cityfront Plaza Dr Chicago, IL 60611 McDonald Hopkins' Rick Hindmand will be presenting as part of a panel on "Be Forearmed: Protecting Your Organization from the Next Cybersecurity Attack" at the Healthcare Delivery & Innovation Conference presented by the American Bar Association. Healthcare is a target-rich environment for cybercriminals and presents cybersecurity challenges for a host of reasons.
HIPAA settlements continue emphasis on risk analysis
The Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) continues to focus on risk analysis in its investigation and enforcement activities.
CMS proposes lower time thresholds for remote patient monitoring
The Centers for Medicare & Medicaid Services (CMS) is proposing to loosen the time requirements for billing remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM). For background on RPM, RTM, and related payment standards, click here.
The Centers For Medicare Medicaid Services issues comment deadline for MPFS Proposed Rule
Blog Post The Centers for Medicare & Medicaid Services (CMS) is accepting comments regarding the Medicare Physician Fee Schedule (MPFS) 2026 proposed rule until September 12, 2025.
CMS to Implement Prior Authorization Model Starting in 2026
The Centers for Medicare & Medicaid Services (CMS) recently announced the Wasteful and Inappropriate Services Reduction (WISeR) Model, which will establish technology-enabled prior authorization and pre-payment review processes for some Medicare services in 6 states beginning January 1, 2026.
New report sheds light on remote patient monitoring
In April, the Peterson Center on Healthcare published a report, Evolving Remote Monitoring: An Evidence-Based Approach to Coverage and Payment, which analyzed the use of remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM) from 2019 through 2023 and related benefits and billing patterns, and proposed policy changes.
The Ins and Outs of Remote Patient Monitoring Economics, Billing and Compliance
McDonald Hopkins' Rick Hindmand will be presenting on "The Ins and Outs of Remote Patient Monitoring Economics, Billing and Compliance" webinar on November 13th. Tune in to this online forum of the Illinois Telehealth Initiative of the Partnership for a Connected Illinois (PCI) for insights on the economics and structuring of remote patient programs across payment models.
OIG recommends expanded CMS oversight of remote patient monitoring
On September 24, 2024, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services published a report recommending that the Centers for Medicare & Medicaid Services (CMS) expand its oversight of remote patient monitoring to ensure that the services are properly used and billed.
Illinois enacted dentistry and physical therapy telehealth legislation
Illinois Governor J.B. Pritzker approved bills on August 9, 2024 establishing telehealth standards for dentistry and physical therapy services. Teledentistry (PA 103-0902) Public Act 103-0902 (Senate Bill 2586) added teledentistry Section 17.2 (225 ILCS 25/17.2) to the Illinois Dental Practice Act, revised and added related definitions, and amended the Illinois Consumer Fraud and Deceptive Business Practices Act to make violation of Section 17.2 an unlawful practice under that Act.
CMS Proposes Payment For Advanced Primary Care Management Services
On July 10, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the Medicare Physician Fee Schedule (MPFS) 2025 proposed rule (the Proposed Rule), which includes proposed new advanced primary care management (APCM) billing codes that would expand opportunities for physician practices, federally qualified health centers (FQHCs), rural health clinics (RHCs) and other health care providers to get paid for services provided by clinical staff under the direction of a physician, nurse...
CMS proposes payment for advanced primary care management services
On July 10, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the Medicare Physician Fee Schedule (MPFS) 2025 proposed rule (the Proposed Rule), which includes proposed new advanced primary care management (APCM) billing codes that would expand opportunities for physician practices, federally qualified health centers (FQHCs), rural health clinics (RHCs) and other health care providers to get paid for services provided by clinical staff under the direction of a physician, nurse...
Structuring Indemnification Provisions in Business Associate Agreements: Allocating Risk in Healthcare Contracting
McDonald Hopkins' Rick Hindmand will be presenting as part of a panel on "Structuring Indemnification Provisions in Business Associate Agreements: Allocating Risk in Healthcare Contracting" during a virtual webinar presented by Strafford. Course description: Many covered entities and business associates consider indemnification critical. Business associates are directly liable under HIPAA, and covered entities view indemnification provisions as additional protection.
Structuring Physician Timeshare Arrangements: Leveraging the Stark Exception, Navigating the Limitations
Speaking Engagement McDonald Hopkins' Rick Hindmand will be presenting as part of a panel at this virtual event presented by Strafford. This CLE course will provide guidance to healthcare counsel on the Stark timeshare arrangement exception and the challenges of the exception. The panel will examine the requirements and limitations and offer guidance for structuring a timeshare arrangement to ensure compliance with Stark, federal anti-kickback statute (AKS), and other regulations.
Illinois expedites procurement process for professional licensing
On December 8, 2023, Illinois Governor J.B. Pritzker approved Public Act 103-0568 or HB 2394, which requires the Illinois Department of Financial and Professional Regulation, IDFPR, to identify and begin implementing a licensing software solution through an expedited procurement process by early June, 2024, to electronically process professional licenses and registrations.
Remote patient monitoring false claims settlement and fraud alert highlight medical necessity
A recent false claims settlement and consumer fraud alert are good reminders of the importance of medical necessity and respecting medical judgment when furnishing or billing for remote patient monitoring services. Remote cardiac monitoring false claims settlement On December 18, 2023, the Department of Justice, DOJ, announced a False Claims Act settlement with BioTelemetry Inc.
CMS updates Medicare remote patient monitoring standards
The Centers for Medicare & Medicaid Services (CMS) updated Medicare billing standards for remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM) and provided related guidance in the Medicare Physician Fee Schedule (MPFS) 2024 Final Rule. Medicare pays physicians and other healthcare providers under RPM CPT codes to monitor patient physiologic parameters and RTM CPT codes to monitor respiratory systems, musculoskeletal systems and cognitive behavioral therapy.
Illinois notice requirement for health care M&A and contracting affiliations takes effect January 1, 2024
Starting January 1, 2024, health care facilities and provider organizations that are parties to covered Illinois M&A transactions or new contractual affiliations will be required to submit advance notice to the Illinois attorney general under Illinois Public Act 103-0526 (House Bill 2222), which Illinois Governor J.B. Pritzker signed into law on August 11, 2023.
End of the COVID-19 Public Health Emergency: Impact on Providers, Medical Product Companies and Patients
McDonald Hopkins' Rick Hindmand will be speaking as part of a panel during this virtual event presented by the Illinois Association of Healthcare Attorneys. Rick will address telehealth, remote patient monitoring and physician PHE transition issues in navigating various expiration dates relating to virtual healthcare.
Moving Beyond Basics: A Bootcamp For Hospital Lawyers & Advisors, Part IV
Discussion Topic: Hospital/Physician Relationships in 2018 and Beyond: Winding Pathways, Deeper Potholes and Deceiving Guideposts As more care moves outside hospitals, how are health care lawyers and executives changing how they structure hospital/physician relationships?
Oregon Health & Science Hit with a $2.7 Million HIPAA Settlement
Oregon Health & Science Hit with a $2.7 Million HIPAA Settlement August 30, 2016 The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) yesterday announced a $2.7 million HIPAA settlement with a large academic health center and research university, Oregon Health & Science (OHSU), which also agreed to implement a comprehensive corrective action plan.
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