Michele A. Masucci

What do you focus on?

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.

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.

Representative Experience

• Represented Schweiger Dermatology Group in connection with $100million-dollar recapitalization by LNK Partners and additionally represent them in connection with all health care regulatory matters.
• Represented Sentinel Capital Partners as health care regulatory counsel on the sale of its portfolio company, National Spine and Pain Centers, to Avista Capital.
• Represented Sentinel Capital Partners as health care 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 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.

Publications and presentations

• “To Be or Not to Be…a Dental Services Organization,” Guest post for Dorfman, Mizrach & Thaler, May 2019
• “Unique Corporate and Regulatory Issues in Structuring Healthcare MSO Transactions,” The Healthcare MSO Conference, September 27, 2019 (Speaker)
• “Private Equity Dental Services Organizations,” Stafford Webinar, July 10, 2019 (Presenter)
• “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)
• “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.