Andrea R. Musker

Andrea R. Musker

Senior Counsel

Expertise

  • Health Care Law
  • Privacy & Data Security Law

WSG Practice Industries

Activity

Buchalter
California, U.S.A.

Profile

Andrea Musker is a transactional and regulatory health care lawyer.  Ms. Musker focuses her practice on representing health care entities in business transactions, analyzing federal and state health care laws, and bridging the gap between business objectives and regulatory constraints.

Ms. Musker represents a wide range of health care providers, including hospitals, health care districts, physician groups/IPAs, telehealth companies, surgery centers, management services organizations, nonprofit organizations, dentists, med spas, specialty transportation companies, clinics, Federally Qualified Health Centers, and ancillary health care service providers.

Ms. Musker regularly counsels clients on the continuously shifting regulatory landscape.  She assists clients in navigating physician self-referral prohibitions, anti-kickback statutes, other federal and state fraud and abuse laws, and privacy and security laws.

Ms. Musker has deep experience with medical groups of all sizes, from a single physician to groups and IPAs of hundreds of providers, assisting groups with acquisitions, sales, mergers, reorganizations, financing, and other business transactions.  She represents clients in the implementation of cutting-edge and creative quality, reimbursement, care coordination, and incentive structures.  Prior to Buchalter, she worked for a national, publicly-traded physician services company, where she developed expertise in physician group acquisitions and physician and hospital contracting.

In the telehealth industry, Ms. Musker advises clients on the corporate practice of medicine, corporate formation, management, payment for services, supervision of midlevel providers, physician dispensing, and informed consent issues.  She has helped telemedicine and digital health clients expand their operations to all fifty states.

Ms. Musker represents hospitals, including nonprofit hospitals and health care districts, in governance, debt financing, tax-exemption, regulatory, compliance, and reimbursement matters.  She drafts and negotiates medical director and physician services contracts, physician recruitment agreements, and financing documents.

Ms. Musker advises her clients on single- and multi-specialty ambulatory surgery center operations and transactions, including joint ventures, acquisitions, sales, management services arrangements, syndication, and resyndication.  Her experience includes regulatory analysis of safe harbor compliance under the federal Anti-kickback Statute and similar state laws.

Further, Ms. Musker is a member of the Firm’s Privacy and Data Security Practice Group.  She understands the business interests in health care data and the restrictions on the use and disclosure of that data by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), California Confidentiality of Medical Information Act (“CMIA”), California Consumer Privacy Act (“CCPA”), and other state laws.  She drafts and negotiates HIPAA business associate agreements and counsels clients in risk assessments and mitigation measures following data breaches.

Bar Admissions

  • California

Education

  • Ohio State University Moritz College of Law
  • Duke University
Areas of Practice

Health Care Law | Privacy & Data Security Law | Telehealth

Articles

  • First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement
  • Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines
  • New Flexibility for Telehealth: Waiving Cost-Sharing Obligations and Using Audio/Video Communications
  • The California Consumer Privacy Act’s Applicability to the Health Care Industry
  • New HIPAA Guidance Reaffirms Patients’ Rights in Health Data
  • Telemedicine Providers Need to Keep Up with State Laws
  • OIG Finalizes New and Expanded Anti-Kickback Safe Harbors, Issues Guidance Regarding Nominal Gifts
  • New ASC Requirements Coming in 2016
  • Giving Your Physician Agreements a Check-Up
  • Who’s In Your Wallet? Is Your Company Being Hijacked by Identity Thieves?
  • Nondisclosure Agreements: A Lesson from Daughters of Charity