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Andrea Frey

(she/her)

Senior Counsel

Co-Chair, Digital Health Practice
Co-Chair, Reproductive Health Practice

San Francisco: 415.875.8507

afrey@hooperlundy.com

“Ensuring that clients’ and their patients’ data are appropriately protected requires in-depth knowledge and understanding of federal and state health privacy and security laws and requirements. My goal is to provide clients with practical and clear advice to guide them through the ever-evolving landscape of such laws so that they can feel confident that their data is safeguarded.”

Andrea Frey specializes in digital health and data privacy and security issues and regularly counsels hospitals, health systems, medical groups, and digital health providers in navigating the complex web of federal and state health privacy laws that govern the confidentiality and exchange of health information. These include federal laws like HIPAA, the information blocking rules, and substance use disorder privacy regulations under 42 C.F.R. Part 2, as well as state laws like California’s Confidentiality of Medical Information Act (CMIA). While Andrea also assists clients on a wide range of other transactional and regulatory matters, she frequently works with clients on implementing measures to safeguard their data and offers tools to leverage data in a compliant manner, such as through limited data use agreements and data licenses.

Throughout the COVID-19 pandemic, Andrea helped clients parse through rapidly evolving federal and state developments and regulatory changes, particularly with regard to the provision of telehealth services, and frequently counsels clients on the development and operation of nationwide digital health care platforms and other business lines. She regularly shares insights with clients around digital health and privacy policy trends that could impact clients’ operations, including federal and state initiatives aimed at improving access to health data. In her transactional practice, Andrea often drafts and negotiates various types of contracts, including purchase agreements, operations transfer agreements, management agreements, and loan agreements, and assists clients with conducting complex regulatory and corporate due diligence.

Finally, Andrea regularly advises clients on a range of regulatory and compliance issues related to medical staff matters, including internal operations and self-governance, provider licensure and credentialing (including credentialing delegation agreements for telehealth entities), scope of practice requirements, as well as end-of-life and medico-legal matters.