Andrew H. Selesnick

Buchalter APC

Los Angeles

Litigation

Selesnick, a Buchalter shareholder, represents health care providers in many areas of litigation including seeking reimbursement from insurance companies or defending them in government investigations or other matters.

During the coronavirus emergency his ongoing cases endure even as he pivots to more immediate client services.

"My clients are on the front lines," he said. "We talk several times each day, because policy decisions are critical now. At the same times, big issues are at hand that started long before the virus arrived."

An example is the surprise billing issue plaguing some seeking testing for covid-19 only to be hit by large invoices from hospitals and other test facilities. Selesnick is already in the thick of litigation over the practice. He is lead counsel for defendant physicians sued by a potential class of consumers for allegedly having been blindsided by big bills. Liu v. Dignity Health, 19STCV21296 (L.A. Super. Ct., filed June 18, 2019).

The plaintiffs claim they were victims of unanticipated charges. Selesnick's client is a group of physicians included among the defendants, the Ridgeline Emergency Physicians Medical Group.

"The lead plaintiff in this case didn't know she was out of network," a status that resulted in higher charges, Selesnick said.

His defense will center on a federal law, the Emergency Medical Treatment & Labor Act of 1986, that requires hospital emergency rooms to treat anyone who comes through the door.

"The law says that emergency service providers can't discuss insurance, plus we don't believe we charge too much anyway. It's an interesting issue with no easy answer. What obligations do hospitals have to patients regarding their insurance status?"

The case is in the early stages; Selesnick has recently filed his answer to the complaint.

In another case raising out-of-network issues, Selesnick is lead counsel for Providence Health System in a suit against Kaiser seeking multiple millions of dollars for underpayments and improper deductions. He recently filed a demurrer and obtained dismissal of part of Kaiser's cross-complaint alleging overpayments after twice persuading the trial court to reverse its tentative rulings. Providence Health System Southern California v. Kaiser Foundation Health Plan, BC716445 (L.A. Super. Ct., filed Aug. 6, 2018).

One current case could foreshadow litigation likely to come over the management of the new $2 trillion Coronavirus Aid, Releif and Economic Security (CARES) Act. Selesnick represents a confidential client, a physician, accused of improper billing.

"Nowadays, the talk with clients is about how to manage the new risks they face," Selesnick said. "These are not the conversations I'd have imagined a few months ago. These are interesting times."

-- John Roemer