Michael J. Taubin

My focus

The primary focus of my practice is representing healthcare facilities, federally qualified health centers and medical groups as they implement their integration and realignment strategies as a result of changes in the marketplace and health care reform.

The development of provider networks, such as Accountable Care Organizations and Independent Practice Associations, has been proliferating as a result of the Accountable Care Act, consolidation in the healthcare industry and value based contracting. I have represented all types of healthcare providers in their network initiatives, including an academic medical center (University of Rochester Medical Center), community hospitals (Atlantic Health System, St. Joseph’s Medical Center, Yonkers and Liberty Healthcare) and Federally Qualified Health Centers (William F. Ryan Community Health Center, Refuah Health Center).

As medical groups and their management companies look to grow to gain a competitive advantage, they have accessed private equity funds for additional capital. I have represented the largest anesthesia provider in the country (North American Partners in Anesthesia) and its management company (NAPA Management Services Corporation) in their reorganization with a private equity fund and the expansion of their business as a result of the infusion of capital. Similarly, I represented a physiatry practice management company as they partnered with a private equity fund to expand their business.

Governmental agencies have focused on Medicaid reform at the federal and state level. I have represented entities participating in the New York State Delivery System Reform Incentive Program (DSRIP) since the planning stage. My association as lead counsel for Refuah Community Health Collaborative has afforded me exposure to all aspects of DSRIP and its legal complexities.

Looking ahead

The speed with which changes in the healthcare industry have been accelerating requires a healthcare lawyer not only to have the legal experience to deal with interpretation of statutes and regulations and the drafting of contracts required for a transaction, but also to have a firm knowledge of the marketplace of that particular provider. I foresee healthcare lawyers becoming a blend of a healthcare consultant and a traditional healthcare lawyer so that they can aggressively advise their clients to be major players in the ever-changing healthcare landscape.

Insights

• “ACA pronounced dead by Texas court—What’s next for the healthcare industry?” Nixon Peabody Health Care Alert, December 18, 2019
• “DSRIP: NY Medicaid Program’s Transition to Value Based Payment Agreements” (with Laurie Cohen and JoAnna Nicholson), NYSBA Health Law Journal, Summer/Fall 2016, Vol. 21, No. 2