165686_bioimage

Michele A. Masucci



Michele Masucci focuses on in private equity transactions within the health care industry. She also serves as general and special counsel to private equity firms and other investors looking to make investments in health care. Michele also helps companies address evolving concepts and capitalize on opportunities emerging from the accelerating convergence of health care and technology.

What do you focus on?

I focus my practice almost exclusively on representing for-profit health care entities in private equity and other corporate transactions. I currently represent health care focused middle-market private equity firms through their initial acquisitions and various add-ons of portfolio companies.

Health Care Transactions

I also advise health care 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 health care clients juggling day-to-day operational issues and new business ventures.

Private Equity Transactions

In my work with middle-market private equity firms, I’m routinely helping clients with their investments in health care management companies. I understand the health care laws and regulations that place restrictions on certain private equity investments.  

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 health care 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 health care businesses for top returns, with a particular focus on areas that generate efficiencies in the evolving health care 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.

Publications and presentations

  • “Private Equity Investing Outlook: What is Now and Next for Investing in Technology and Delivery Solutions in Health Care,” 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 health care and delivery system transformation,” American Health Lawyers Association, June 1, 2015 (Co-author)
  • “Developments in Arbitration 2014 for the Health Care Industry,” American Arbitration Association Healthcare Dispute Resolution Innovation & Strategy Conference, November 14, 2014 (Co-presenter)
  • “Enforcement Trends Related to Executive Liability in Health Care 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 Health Care Providers,” Nixon Peabody Webinar, February 13, 2013 (Co-presenter with Brian French and Jason Gonzalez)
  • “Risk of Exclusion Remains Potent for Health Care 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 Health Care: Current challenges and opportunities,” Nixon Peabody Event, October 11, 2012 (Co-presenter)
  • “Health Care 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 Health Care Reform,” Nixon Peabody Event, February 16, 2012 (Co-presenter)
  • “Investing in Health Care: 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 Health Care Reform,” Law 360, February 7, 2011 (Co-author)
  • “Health Care Reform 101: For Physicians,” Law 360, June 16, 2010. (Co-authored with Brooke Santeramo)
  • “Health Care 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, Health Care Attorney,” Long Island Business News, April 23, 2010. (Thought Leadership Commentary)
  • “Firms Staffed Up and Ready for Health Care 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 Health Care 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.

Representative Experience

  • Represented a leading middle market private equity firm, as health care 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 health care regulatory counsel in connection with setting up and growing their New York operations.
  • Represent a network recently approved as an Accountable Care organization.

Thomas H. Lee invests in Professional Physical Therapy

The Deal | December 20, 2016

This article is about private equity firm Thomas H. Lee Partners LP ‘s recent investment in Professional Physical Therapy, a provider of physical therapy and rehabilitation services. Long Island health care partner Michele Masucci and associate JoAnna Nicholson are noted as representing Professional Physical Therapy.

Northwell Ventures turns employee ideas into products

Newsday | March 12, 2016

Partner and leader of the health care practice Michele Masucci is quoted in this article discussing health care systems’ efforts to grow revenue by tapping employee innovation. Michele provides third-party commentary on the positive impact that venture capital financing can have for health care systems offering them an ownership stake in these new technologies.

Nixon Peabody named top health law firm

Innovate Long Island | November 02, 2015

This coverage highlights our health care practice’s U.S. News–Best Lawyers “Law Firm of the Year” recognition. Practice group leader Michele Masucci is quoted. The firm’s national tier 1 rankings are also highlighted.

J.H. Whitney Acquires Pediatric Services Holding Corporation

The Deal | March 25, 2015

Nixon Peabody is noted among J.H. Whitney Capital Partners’ legal counsel in this article on the private equity firm’s acquisition of Pediatric Services Holding Corp, the parent company of PSA Healthcare.

ACO Rules Allow For-Profit Medicine?

Crain's New York Business | October 22, 2014

Partner and Health Care Practice Group leader Michele Masucci and Albany Health Care partner Laurie Cohen are quoted throughout this article discussing the possible impact of New York’s new ACO regulations on the state’s prohibition against the corporate practice of medicine.

Dealmakers Q&A

Law360 | August 13, 2014

Health Care and Life Sciences leader Michele Masucci is profiled in this Law360 Q&A series with dealmaking movers and shakers.

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

Michele has been selected by her peers for inclusion in The Best Lawyers in America© 2017 in the field of Health Care Law, and was named 2017 Health Care Law “Lawyer of the Year” in Long Island, NY. She has been listed in Best Lawyers in America since 2012.

Michele has been recognized in Chambers USA: America’s Leading Lawyers for Business (2011-present). She has also been recognized for her exceptional standing in the legal community in the area of Health Care in New York Super Lawyers (2010-present).

Michele has been recommended in The Legal 500 United States 2016 editorial for Health Care—Service Providers, as well as in previous editions.

Ms. Masucci is a member of the American Health Lawyers Association and the American Arbitration Association Healthcare Dispute Resolution Advisory Council. She is also on the Board of the Franciscan Sisters of the Poor Foundation.

Back to top