Ari J. Markenson

Partner
Markenson, Ari

Ari Markenson practices at the intersection of healthcare, law, and business. Ari advises healthcare industry clients, including investors, lenders, providers, and suppliers, on a broad range of regulatory and corporate matters, and has significant experience conducting due diligence in complex healthcare industry acquisitions and financial transactions. He regularly represents private equity firms and lenders in such transactions and evaluates and advises on compliance and regulatory issues with regard to sellers and potential borrowers from banks and financing sources. He also advises various healthcare entities on regulatory matters, including conditions for participation; fraud and abuse; and survey, certification, licensure, and enforcement issues.

Ari advises clients on Medicare and Medicaid conditions for participation, obtaining certificate of need approval, and state licensure. He has significant experience representing numerous providers in response to and appeals of audits and investigations by regulatory enforcement authorities regarding compliance with reimbursement rules and regulations under government healthcare programs.

Ari frequently writes for industry publications and speaks at industry and professional events. He also teaches healthcare law and other healthcare management and policy topics at the Columbia University Mailman School of Public Health, the School of Health Sciences and Practice at New York Medical College, and the Graduate School at the University of Maryland – Global Campus.

Experience

Representative Matters

  • Represented a private equity fund in an investment in a senior housing development business
  • Represented a private equity fund as New York local counsel in the acquisition of a home health services business
  • Represented a private equity-backed home healthcare company in an add-on acquisition of a personal care services provider
  • Represented a Staten Island group practice with 13 physicians in its acquisition by a large integrated healthcare system
  • Provided healthcare regulatory counsel to a private equity firm on its sale of a large regional hospice provider for approximately $230 million
  • Provided healthcare regulatory counsel to a private equity firm on its acquisition of a large national provider of specialized wheelchairs for approximately $110 million
  • Provided healthcare regulatory counsel to a private equity firm on its acquisition of a large regional home health and hospice company for approximately $185 million
  • Provided healthcare regulatory counsel to a private equity firm on its acquisition of a large national home care and hospice chain and then on its subsequent large and small tuck-in acquisitions for approximately $100 million and $215 million, respectively
  • Provided healthcare regulatory counsel to the seller of a diagnostic testing, health screening, and employee wellness services company sold to a publicly traded strategic investor
  • Represented a healthcare system in its merger with a community hospital
  • Assisted owner in the sale of a skilled nursing facility for a purchase price of over $21 million
  • Assisted purchaser in the sale of a skilled nursing facility for a purchase price of over $23 million
  • Represented a self-administered real estate investment trust serving the healthcare industry in the U.S. in its approximately $1.7 billion acquisition of certain assisted living and skilled nursing properties
  • Assisted a nursing facility in the development of a plan of correction for multiple citations, including immediate jeopardy and substandard care

Insights

Credentials
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Education

  • M.P.H. Columbia University, Mailman School of Public Health 1998
  • J.D. Brooklyn Law School 1996
  • B.A. Syracuse University 1993

Bar Admissions

  • District of Columbia
  • New York

Professional Memberships and Activities

  • American Health Law Association
    • Board member, June 2020 – present
    • Member, 2000 – present
    • Former vice chair, 2007 – 2013, Long Term Care, Senior Housing, In-home Care and Rehabilitation Practice Group
    • Former member, Quality Council, 2013 – 2014
    • Former member, LTC and the Law Program Planning Committee, 2014 – 2020
  • American Bar Association
    • Member, Health Law Section and Business Law Section
    • Former vice chair, The Health Lawyer Editorial Board, 2014 – 2016
    • Chair, Private Equity Subcommittee, Health Care and Life Sciences Committee of the Business Law Section
  • Member, District of Columbia Bar Association, 1998 – present
  • New York State Bar Association
    • Past chair, 2010 – 2011, and Executive Committee Member, Health Law Section
    • Past chair, Committee on Long-Term Care, 2003 – 2006
    • Member, Committee on Fraud, Abuse and Compliance
  • Member, Association for Corporate Growth NY
  • Past member, Westchester/Hudson Valley Committee
  • Adjunct associate professor, Columbia University Mailman School of Public Health, 2016 – present
  •  Member, Alumni Advisory Board, Department of Health Policy and Management
  • Adjunct professor, The Graduate School, The University of Maryland – Global Campus, 2005 – present
  • Adjunct associate professor, School of Health Sciences and Practice, New York Medical College, 2007 – present
  • Adjunct associate professor of law, Brooklyn Law School, Fall 2010 – Spring 2012
  • Member, Board of Trustees, Foundation for Quality Care

Recognition
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  • Chambers USA, Health Care, 2021
  • Legal 500 US, Healthcare: Life Sciences and Healthcare: Service Providers, 2021
  • The Best Lawyers in America, Health Care Law, 2012 – 2021
  • Super Lawyers, New York, 2011, 2013 – 2021
  • Lawyers Alliance for New York, Cornerstone Award, 2018
  • Martindale-Hubbell, AV® Preeminent Peer Review Rated
  • Nightingale's Healthcare News, Outstanding Young Healthcare Lawyer, 2004
  • New York State Bar Association, Empire State Counsel Honoree for Pro Bono Service, 2018