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Lawyer Profile

Image of Andrew H. Selesnick

Andrew H. Selesnick

Buchalter, A Professional Corporation
  • Recognized Since:
    2015
  • Recognized in:
    Health Care Law
  • Law School:
    University of San Diego
  • Website:
    http://www.buchalter.com
  • Location:
    1000 Wilshire Boulevard, Suite 1500
    Los Angeles, CA 90017-1730
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A highly accomplished litigator with tremendous depth and breadth of expertise in the health care industry, Andrew Selesnick is the Chair of M&R's Health Care Department.

Mr. Selesnick has successfully litigated a number of California’s most high-profile, large exposure health care cases, including those involving all the major health plans, as well as many independent practice associations. He has secured hundreds of millions of dollars for his clients, with these results setting several legal precedents. In one groundbreaking case, Mr. Selesnick successfully argued that health plans are responsible for reimbursing a reasonable portion of out-of-network emergency service providers’ costs.

Mr. Selesnick represents physicians, physician groups, hospitals, skilled nursing facilities and ambulatory surgery centers in reimbursement matters, provider-payer disputes and fraud and abuse defense. His clients include a wide array of national and regional providers, whom he has provided counsel through litigation, contracting, acquisitions, business formation and dissolution and risk management. Mr. Selesnick regularly advises skilled nursing facilities in shareholder derivative litigation and management and ownership disputes. He frequently provides counsel regarding the intricacies of the Affordable Care Act to his clients.

Mr. Selesnick has often been invited by both the California State Senate and the State Assembly to comment on legislation and regulations affecting health care providers.

He is a member of M&R's Executive and Strategic Planning Committees, as well as the Affordable Care Act Advisory Group.

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  • Lawyer Bio
  • Client Comments
  • Firm Details
  • News & Media
  • Case History

Lawyer Bio

A highly accomplished litigator with tremendous depth and breadth of expertise in the health care industry, Andrew Selesnick is the Chair of M&R's Health Care Department.

Mr. Selesnick has successfully litigated a number of California’s most high-profile, large exposure health care cases, including those involving all the major health plans, as well as many independent practice associations. He has secured hundreds of millions of dollars for his clients, with these results setting several legal precedents. In one groundbreaking case, Mr. Selesnick successfully argued that health plans are responsible for reimbursing a reasonable portion of out-of-network emergency service providers’ costs.

Mr. Selesnick represents physicians, physician groups, hospitals, skilled nursing facilities and ambulatory surgery centers in reimbursement matters, provider-payer disputes and fraud and abuse defense. His clients include a wide array of national and regional providers, whom he has provided counsel through litigation, contracting, acquisitions, business formation and dissolution and risk management. Mr. Selesnick regularly advises skilled nursing facilities in shareholder derivative litigation and management and ownership disputes. He frequently provides counsel regarding the intricacies of the Affordable Care Act to his clients.

Mr. Selesnick has often been invited by both the California State Senate and the State Assembly to comment on legislation and regulations affecting health care providers.

He is a member of M&R's Executive and Strategic Planning Committees, as well as the Affordable Care Act Advisory Group.

Read more on firm website
  • Education
  • Bar Admissions
  • Affiliations
  • Award List
  • Additional Information

Education:

  • University of San Diego , J.D.

Bar Admissions:

  • California, State Bar of California
  • California, Los Angeles County Bar Association (Health Law Section)

Affiliations:

  • California Chapter of the American College of Emergency Physicians - Reimbursement Committee Member
  • California Society of Healthcare Attorneys - Member
  • Medical Group Management Association - Member
  • Urgent Care Association of America - Member

Recognized in The Best Lawyers in America for work in:

  • Health Care Law
 

Awards:

  • 2015-2016 Best Lawyers in America USA Guide - Health Care Law
  • Super Lawyers 2010-2015

Additional Information:

Chair, Health Care Group
Mr. Selesnick is Chair of M&R's Health Care Industry Group
 

Lawyer Client Comments

Firm Details

Image for Buchalter, A Professional Corporation View Firm Profile
Buchalter, A Professional Corporation
http://www.buchalter.com
 
Headquarters
1000 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017-1730
(213) 891.0700
8 Office Locations
in 1 Country

United States

United States

Arizona

Arizona

Scottsdale, AZ

16435 North Scottsdale Road, Suite 440

Scottsdale, AZ 85254-1754

United States

(480) 383.1800

Get Directions

California

California

Irvine, CA

18400 Von Karman Avenue, Suite 800

Irvine, CA 92612-0514

United States

(949) 760.1121

Get Directions

Sacramento, CA

500 Capitol Mall, Suite 1900

Sacramento, CA 95814-4762

United States

(916) 945.5170

Get Directions

San Diego, CA

655 West Broadway, Suite 1625

San Diego, CA 92101-8590

United States

(619) 219.5335

Get Directions

San Francisco, CA

55 Second Street, Suite 1700

San Francisco, CA 94105-3493

United States

(415) 227.0900

Get Directions

Oregon

Oregon

Portland, OR

1331 Northwest Lovejoy Street, Suite 900

Portland, OR 97209-3280

United States

(503) 226.1191

Get Directions

Washington

Washington

Seattle, WA

1420 Fifth Avenue, Suite 3100

Seattle, WA 98101

United States

(206) 319.7052

Get Directions

News & Media

Featured Publications

Cover for our Southern California publication

Lawyer Case History

Managed Care Liability

In Centinela-Freeman Emergency Medical Associates v. Health Net of California, our clients, a large medical group, staffed the emergency room at multiple hospitals. An Independent Physician Association (IPA), La Vida, sent many patients to the ER, but the IPA was struggling financially and failed to reimburse the ER doctors before going out of business. Mr. Selesnick and his team sued every major HMO in California, alleging that they knew that La Vida could not pay its bills. The trial court sustained the HMOs’ demurrer to the ER doctors’ complaint without leave to amend, finding that the HMOs could delegate their responsibility to IPAs with immunity. In a unanimous published decision, the Court of Appeal reversed the trial court and held in favor of the ER doctors. Finding the HMOs’ conduct demonstrated negligence and showed a degree of “callousness,” the Court ruled that negligent delegation is a viable cause of action in California. This case is currently pending before the California Supreme Court. 

Provider Reimbursement

In Centinela-Freeman Emergency Medical Associates, et al. v. Hispanic Physicians IPA Medical Corporation, Mr. Selesnick represented an emergency physician group against a managed care organization. The IPA systematically underpaid or completely denied payment for emergency services provided by our client to its members. On the eve of trial, the judge ordered the parties to participate in a mandatory settlement conference. The parties were able to settle a portion of the claims. However, in order to provide our clients with a business solution going forward, settlement of a portion of the claims became contingent on arbitrating a case rate for all services going forward. In arbitration, each party was to propose a rate to be paid for each patient visit by any member of the IPA to any of the ten hospitals in which our clients provide emergency services. The arbitrator found in favor of the emergency providers.

Provider Reimbursement

In this seminal case (one of the healthcare industry’s most significant decisions), Bell v. Blue Cross of California(2005) 131 Cal.App.4th 211, we successfully argued that health plans are responsible for reimbursing a reasonable portion of out-of-network emergency service providers’ costs
 
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