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Michele A. Masucci



Michele Masucci represents healthcare companies and middle-market private equity firms in connection with their transactions and regulatory needs. She has particular expertise in dermatology, dental, ophthalmology, physical therapy, infusion, dialysis and pharmacy. She represents companies throughout their life cycle from startups to fully mature companies. Michele served as chair of the firm’s Healthcare Group from 2010 to 2016.

What do you focus on?

Healthcare Transactions

I also advise healthcare providers on joint ventures, mergers and acquisitions and contractual arrangements. As a former in-house counsel at a hospital, my uniquely holistic perspective helps me guide healthcare clients juggling day-to-day operational issues and new business ventures.

Accountable Care and Alternative Delivery Systems

With the Accountable Care movement in full effect, it’s more important than ever for providers to participate in alternative delivery systems that drive efficiencies and contain costs. I advise my clients from the initial analysis of their existing models through the formation and implementation of new operational models, such as value-based contracting, ACOs, bundled payments and medical homes.

Fraud & Abuse and New York State Regulatory

By identifying transaction structures most likely to attract attention from state and federal regulatory agencies, I help my clients address the underlying licensure, fraud and abuse and other issues that often stand in the way in New York. Local and out-of-state clients involved in healthcare M&A turn to me to navigate the New York regulatory environment and minimize the risk of regulatory challenges.

What do you see on the horizon?

Despite the increasing regulatory and reimbursement risks involved, investors continue to look at healthcare businesses for top returns, with a particular focus on areas that generate efficiencies in the evolving healthcare system. As health care providers become more and more accountable for cost and quality of care, they will increasingly become partners, investors and collaborators with digital health and other health technology companies.

Representative Experience

  • Represented Schweiger Dermatology Group in connection with $100million-dollar recapitalization by LNK Partners and additionally represent them in connection with all healthcare regulatory matters
  • Represented Sentinel Capital Partners as healthcare regulatory counsel on the sale of its portfolio company, National Spine and Pain Centers, to Avista Capital
  • Represented Sentinel Capital Partners as healthcare regulatory counsel on a purchase of MB2, a multi-state dental services organization, and continuing representation of MD2 on add-on acquisitions
  • Represented BrookBeam Dental in the formation of a Hudson Valley, New York, based DSO and completed five acquisitions for BrookBeam since formation
  • Represented HENRY The Dentist in the formation of a DSO specializing in mobile dental practices and two rounds of capital raises
  • Represented MidOcean Partners in its recapitalization of Western Mass Endo and affiliated practices. This recapitalization included the formation of Affinity Dental Management
  • Represented a leading middle-market private equity firm, as healthcare regulatory counsel, in connection with the acquisition of two multi-state providers of mobile dentistry services with combined acquisition price of approximately $80 million. In addition, represented the client in their acquisition of a pain practice in Virginia
  • Formed and currently represent a messenger model physician organization; a network consisting of 1,000 physicians at a large university medical center. Represented the client in forming a clinically integrated network with the medical center
  • Represent a publicly owned dialysis provider, as healthcare regulatory counsel, in connection with setting up and growing their New York operations
  • Represent a network recently approved as an Accountable Care organization

Publications and presentations

  • “Closing the MSO Transaction: Anticipating and Solving for Real World Obstacles,” The Healthcare Services Investment Conference, Rye, New York, August 24, 2022
  • “Inside an MSO Transaction: Real World Obstacles and How to Avoid Them,” The Healthcare MSO Conference, White Plains, NY, October 22, 2021 (Presenter)
  • “The Art of Physician Practice Consolidation,” SCALE Physician Group, Webinar, November 18, 2020 (Moderator)
  • “Telehealth Looking Forward: Maintaining Compliance During Regulatory Changes,” University Physician Network, Webinar, August 5, 2020 (Presenter)
  • “Telemedicine Beyond COVID19: Provider Experiences and Future Challenges,” Nixon Peabody Webinar, June 25, 2020 (Presenter)
  • “How Should We Collectively Manage A Return To Work?” SCALE Physician Group whitepaper, May 18, 2020 (Co-author)
  • “Unique Corporate and Regulatory Issues in Structuring Healthcare MSO Transactions,” The Healthcare MSO Conference, September 27, 2019 (Presenter)
  • “Private Equity Dental Services Organizations,” Stafford Webinar, July 10, 2019 (Presenter)
  • To Be or Not to Be…a Dental Services Organization,” Guest post for Dorfman, Mizrach & Thaler, May 2019
  • “Important Transactional & Regulatory Issues in Healthcare Private Equity,” American Bar Association Health Law Section's 20th Annual Conference on Emerging Issues in Healthcare Law, Orlando, Florida, March 15, 2019 (Presenter)
  • “Nixon Peabody's Healthcare Blockchain Panel,” New York, NY, March 6, 2019 (Moderator)
  • “Private Equity Investing Outlook: What is Now and Next for Investing in Technology and Delivery Solutions in Healthcare,” Nixon Peabody Event, September 30, 2015 (Co-presenter)
  • “How to Swim with the Sharks: A Survival Guide for Women in an ‘Alpha Male’ Environment,” Women's Insights on the Art of Negotiating (WIN) Summit, October 1, 2015 (Co-presenter)
  • “Trends to watch for in healthcare and delivery system transformation,” American Health Lawyers Association, June 1, 2015 (Co-author)
  • “Developments in Arbitration 2014 for the Healthcare Industry,” American Arbitration Association Healthcare Dispute Resolution Innovation & Strategy Conference, November 14, 2014 (Co-presenter)
  • “Enforcement Trends Related to Executive Liability in Healthcare Investigations,” Bloomberg BNA Health Care Fraud Report, June 12, 2013 (Co-authored with David Feldman, Sean Haran, Ashley Baynham, and Devon Haft Little)
  • “Investing in Health Care: Opportunities & Challenges Ahead,” Nixon Peabody Event, June 5, 2013 (Co-presenter)
  • “Social Media and the De-Identification of Protected Health Information,” Bloomberg BNA Social Media Law & Policy Report, March 12, 2013 (Co-authored with Carly Eisenberg)
  • “Shedding Light on the Sunshine Act Final Rule: Implications for Healthcare Providers,” Nixon Peabody Webinar, February 13, 2013 (Co-presenter with Brian French and Jason Gonzalez)
  • “Risk of Exclusion Remains Potent for Healthcare Industry Executives,” Bloomberg BNA Medical Devices Law & Industry Report, December 12, 2012 (Co-authored with Ronaldo Rauseo-Ricupero)
  • “Beyond Obamacare: The Massachusetts Model,” Nixon Peabody CLE Program, December 5, 2012 (Co-presenter with Jim Vallee)
  • “Investing in Healthcare: Current challenges and opportunities,” Nixon Peabody Event, October 11, 2012 (Co-presenter)
  • “Healthcare Client Alerts Prefigure Uptick in Law Firm Business,” New York Law Journal, July 3, 2012 (Thought Leadership Commentary)
  • “Businesses Brace for Higher Health Care Costs,” Long Island Business News, June 28, 2012 (Thought Leadership Commentary)
  • “Not-for-Profit Board Duties in the Era of Healthcare Reform,” Nixon Peabody Event, February 16, 2012 (Co-presenter)
  • “Investing in Healthcare: Current challenges and opportunities,” Nixon Peabody Event, October 19, 2011 (Co-presenter)
  • “It’s A Raid! Now What?” Law 360, February 28, 2011 (Co-author)
  • “Constitutional Challenges to Healthcare Reform,” Law 360, February 7, 2011 (Co-author)
  • “Healthcare Reform 101: For Physicians,” Law 360, June 16, 2010 (Co-authored with Brooke Santeramo)
  • “Healthcare Fraud and Abuse: What you need to do now,” Nixon Peabody Webinar, April 24, 2010 (Co-presented with Brian K. French, Regina S. Rockefeller, Rebecca Simone, and David DeCerbo)
  • “Q&A: Michele A. Masucci, Healthcare Attorney,” Long Island Business News, April 23, 2010 (Thought Leadership Commentary)
  • “Firms Staffed Up and Ready for Healthcare Work,” American Lawyer, April 9, 2010 (Thought Leadership Commentary)
  • “Physician Payment Reporting Obligations: A Reality,” Law 360, March 24, 2010 (Co-authored with Brian K. French)
  • “The New Security Breach Notification Requirements,” New York Law Journal, November 2, 2009 (Co-authored with Linn Foster Freedman)
  • “The Latest CDC Guidance For Healthcare Employers Flu Season,” Health Lawyers Weekly, October 2, 2009 (Co-authored with David Kolek, Michael I. Schnipper, and Jeffrey M. Tanenbaum)
  • “Waiver of Healthcare Co-Payments and Deductibles,” New York Law Journal, June 25, 2009
  • “Medical Tourism is the Globalization of the American Operating Room,” New York Law Journal, December 17, 2007

Doctor charged with pandemic-related healthcare fraud

Newsday | April 20, 2022

This article covers Long Island Government Investigations & White-Collar Defense partner Tim Sini’s successful bail argument on behalf of a prominent cardiologist accused of healthcare fraud. A federal judge granted the bail request and allowed the doctor to continue billing claims to Medicare and other federal healthcare programs while his case is pending. The NP team representing the doctor also includes Long Island Healthcare partner Michele Masucci and associate Michal Ovadia.

Team from Nixon Peabody helps surgical practice expand

Rochester Business Journal | December 30, 2021

This feature article, focusing on NP client New York Bariatric Group’s expansion into Oklahoma and Arkansas, includes Rochester Corporate partner Lori Green and Long Island Healthcare partner Michele Masucci for leading the all-female team that advised NYBG. Lori is also quoted on how the transaction could serve as a blueprint for other medical practices looking to affiliate with a management services organization and expand. The NP team also included Rochester Corporate associate Jennifer Jovcevski, and Long Island associate Jennifer Greco and New York associate Jena Grady, both in the Healthcare group.

Bariatric practice expands into Oklahoma, Arkansas

Long Island Business News | December 16, 2021

This feature article, focusing on NP client New York Bariatric Group’s expansion into Oklahoma and Arkansas, includes Long Island Healthcare partner Michele Masucci and Rochester Corporate partner Lori Green for leading the team that advised NYBG. Michele is also quoted on our firm’s work with NYBG. The NP team also included Long Island associate Jennifer Greco and New York associate Jena Grady, both in the Healthcare group; and Rochester Corporate associate Jennifer Jovcevski.

Middle Market Musings (S1E1)

Podcast | April 02, 2021

Michelle shares what it was like to live and work with front-line care providers in New York the early days of the pandemic, and offers insights on the healthcare industry in its aftermath.

Charlesbank Buys Stake in MB2 Dental from Sentinel

Mergers & Acquisitions | February 01, 2021

This article on investment firm Charlesbank Capital Partners’ majority-interest acquisition in MB2 Dental—a dental partnership organization with affiliated practices across 24 states—mentions the firm for the work by Health Care partners Michele Masucci and Mike Schnipper, in Long Island, and associate Jena Grady, in New York.

Hospitals can transfer patients’ medical debt to RIP Medical Debt, regulators say

Modern Healthcare | July 28, 2020

In this article on the Department of Health and Human Services Office of Inspector General’s advisory opinion that will expand national nonprofit and client RIP Medical Debt’s services, Long Island Health Care partner Michele Masucci is quoted on the legal nuances of the advisory opinion and anti-kickback concerns.

Contact

Michele A. Masucci

Partner

Long Island

Phone: 516-832-7573

New York

Phone: 212-940-3000


Fax: 866-721-1189

University of Virginia School of Law, J.D.

Brown University, B.A.

New York

  • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2022 in the field of Health Care Law; listed in Best Lawyers since 2012
  • Best Lawyers® 2017 and 2020 Health Care Law “Lawyer of the Year” in Long Island, NY
  • Chambers USA: America’s Leading Lawyers for Business for Healthcare, Band 1 (2011-present)
  • Recognized for exceptional standing in the legal community in the area of Health Care in New York Super Lawyers (2010-present)
  • Recommended in The Legal 500 United States 2021 editorial for Health Care—Service Providers, as well as in previous editions
  • Fellow, American Bar Foundation
  • Member, American Health Lawyers Association
  • Member, American Arbitration Association Healthcare Dispute Resolution Advisory Council
  • Vice-Chair, Board of Directors, RIP Medical Debt
  • Board of Directors, Franciscan Sisters of the Poor Foundation
  • Board of Directors, The Eye-Bank for Sight Restoration
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