Ari J. Markenson

Representative Matters

Buy-Side Transactions

• Representing an investor group in the potential multi-million-dollar acquisition of an autism services business
• Representing a large regional dental implant management company in its acquisitions of professional practices, structuring of business operations, and day-to-day health regulatory matters
• Representing a large regional behavioral health management company in acquisitions of professional practices, structuring of business operations, and day-to-day health regulatory matters
• Represented a private equity investor in the multi-million-dollar buy-out of a large regional bariatric services provider
• Represented an orthopedic physician practice in its buyout of a joint venture partner in an ambulatory surgery center
• 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
• 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 private equity fund in an investment in a senior housing development business
• Represented a healthcare system in its merger with a community hospital

Sell-Side Transactions

• Represented a healthcare consulting firm in its multi-million-dollar sale to a middle-market healthcare-focused private equity fund. The transaction involved cash, rollover equity, and contingent consideration for the seller
• Represented a large ophthalmic surgery practice in its multi-million-dollar acquisition by a private-equity-backed ophthalmology business
• Represented a large dermatology practice in its multi-million-dollar sale to a private-equity-backed dermatology platform
• Represented the sellers of a local community hospice in post-closing operational and regulatory disputes with the buyer
• Represented a healthcare consulting firm in its multi-million-dollar sale to a middle-market healthcare-focused private equity fund. The transaction involved cash, rollover equity, and contingent consideration for the seller
• Assisted owner in the sale of a skilled nursing facility for a purchase price of over $21 million
• Represented a Staten Island group practice with 13 physicians in its acquisition by a large integrated healthcare system

Startups and Venture

• Representing founders of a medspa in the investment and start-up of a regional medspa business
• Assisted with the regulatory aspects of a start-up telehealth venture in the chronic care management space.

Regulatory Counsel

• Counseling a large national alternative lending provider on healthcare legal and regulatory issues in the senior housing industry
• Acted as special health regulatory counsel to the initial purchasers of approximately $1 billion in notes issued by a publicly traded healthcare company
• Provided health regulatory counsel in the multi-million-dollar sale of a large concierge medicine practice to a private-equity-backed company
• Provided health regulatory counsel to Nelstone Ventures in its $3.4 million investment in Allermi, a direct-to-consumer telehealth service providing a customized multi-ingredient nasal spray for allergy relief
• Provided health regulatory counsel to a large regional provider of applied behavioral analysis and other autism services
• Provided health regulatory analysis on self-referral and related issues to a dialysis services provider regarding the structure of investment by physicians in dialysis outpatient centers
• Provided health regulatory advice to a metabolic testing clinical laboratory related to employing and contracting with healthcare professionals
• Provided health regulatory counsel to a dietary supplement distributor on financial relationships and joint venture arrangements with healthcare professionals
• Provided health regulatory counsel in the closure of an assisted living facility in connection with the sale of its underlying real estate
• 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
• 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 sale of a large regional hospice provider for approximately $230 million

Regulatory Compliance and Investigations

• Representing a large multinational supplier of hearing aids in internal investigation and health regulatory matters
• Representing a private equity fund in regulatory compliance matters and assessment of compliance efforts at its portfolio companies
• Represented a durable medical equipment supplier in a self-disclosure to the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG)
• Provided advice to a national real estate lending provider on HIPAA and privacy compliance related to its relationship with skilled nursing facility
• Provided counsel to a multi-site primary care provider relating to an audit and recoupment from Medicaid
• Assisted a healthcare provider with a request to the HHS-OIG for an advisory opinion on an anti-kickback and civil monetary penalty issue
• Assisted a nursing facility in the development of a plan of correction for multiple citations, including immediate jeopardy and substandard care

Business Strategy and Disputes

• Representing a Catholic order in its move from its existing convent into new leased premises that provide for social and healthcare services
• Counseled a provider of substance use disorder services on obtaining licensure in New York and entering the New York market
• Provided strategic advice to a client in the allergy and immunology space regarding contractor relationships with professionals
• Represented a veteran-affiliated continuing care retirement community in a potential strategic alliance or sale to a system of nonprofit senior services communities
• Represented the physician owner of an ambulatory surgery center in a dispute with the center’s operator

Education

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

Bar Admissions

• District of Columbia
• New York

Professional Memberships and Activities

• Member, Association for Corporate Growth NY
  
  • Past member, Westchester/Hudson Valley Committee
• Columbia University Mailman School of Public Health
  
  • Adjunct assistant professor, 2016 – present
  • Member, Alumni Board and Executive Committee
    
    • Chair, Governance Committee
  • Member, Alumni Advisory Board, Department of Health Policy and Management
  • Faculty advisor, September 2018 – present
  • Columbia Healthcare Ventures faculty advisor, February 2024 – present
• Adjunct associate professor, Department of Health Science, College of Health Professions, Pace University, 2023 – present
• Adjunct professor of law, Elisabeth Haub School of Law, Pace University, January 2024 – present
• Adjunct assistant professor, School of Health Sciences and Practice, New York Medical College, 2007 – 2023
• Adjunct professor, The Graduate School, University of Maryland – Global Campus, 2005 – 2022
• Adjunct associate professor of law, Brooklyn Law School, Fall 2010 – Spring 2012
• Former member, Board of Trustees, Foundation for Quality Care, 2011 – 2019
• Fellow, American Bar Foundation
• American Health Law Association
  
  • Board member, June 2020 – present
  • Member, 2000 – present
  • Editor-in-Chief, AHLA’s Health Care Law and Policy Acronyms and Terms, 2024 
  • Member, Development and Advancement Council, 2021 – 2022
  • Former vice chair, Long Term Care, Senior Housing, In-home Care and Rehabilitation Practice Group, 2007 – 2013
  • Member, Quality Council, 2013 – 2014
  • Member, LTC and the Law Program Planning Committee, 2014 – 2020
  • Member, Annual Meeting Program Planning Committee, 2024
• American Bar Association
  
  • Member, Health Law Section and Business Law Section
  • Vice chair, Editorial Board, The Health Lawyer, 2014 – 2016
  • Past chair, Private Equity Subcommittee, Healthcare and Life Sciences Committee, Business Law Section
• Member, District of Columbia Bar Association
• New York State Bar Association
  
  • Past chair, Health Law Section, 2010 – 2011
  • Member, Executive Committee, 2010 – present
  • Past chair, Committee on Long-Term Care, 2003 – 2006
  • Member, Committee on Fraud, Abuse and Compliance
• Member, Editorial Advisory Board, Law360 Healthcare, 2024

• Chambers USA, Healthcare, New York, 2021 – 2024
• Legal 500 US, Healthcare: Life Sciences and Healthcare: Service Providers, 2021
• The Best Lawyers in America, Health Care Law, 2012 – 2025
• Super Lawyers, New York, 2011, 2013 – 2024
• 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