Martin L. Monaco, Jr.
Partner
Duane Morris LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 1800
Newark, NJ 07102-5429
USA
Phone: +1 973 424 2072
Fax: +1 609 228 6037
Email: mlmonaco@duanemorris.com

Martin L. Monaco, Jr., practices in the areas of health law, corporate law and tax. Mr. Monaco represents numerous nonprofit organizations in the healthcare industry, including hospitals, nursing homes, universities and charities in general corporate, governance, regulatory, tax and mergers and acquisitions matters. In addition, he advises domestic and foreign business entities in governance, contract negotiations and commercial business transactions. He also provides domestic and foreign tax advice to corporate entities.

Mr. Monaco also handles the firm's nonprofit tax issues, providing advice on private investment, private benefit and excess benefit transactions, as well as unrelated business income taxation, joint ventures, conflicts of interest and governance issues, including a director's duty of loyalty and duty of care.

Mr. Monaco is a 1985 graduate of Seton Hall University School of Law and a graduate of Villanova University School of Law (LL.M., Taxation), Seton Hall University, Stillman School of Business (M.B.A.), and Rutgers University.

Areas of Practice

• Healthcare Law
• Corporate Law
• Tax Law

Representative Matters

• Represented a senior residential care corporation as health regulatory counsel in a $230 million transaction in which the client sold assisted living properties in five states to a REIT.
• Represented a California hospital holding company in the creation of a nonprofit healthcare system, including the acquisition of two for-profit rural hospitals.
• Represented a Massachusetts research hospital in the creation of a nonprofit medical research affiliate.
• Represented a California for-profit college in the organization of a nonprofit foundation to provide scholarships to qualifying students.
• Represented a for-profit college with multiple locations in an examination by the Internal Revenue Service.
• Represented a for-profit college in the acquisition of a nonprofit California-based medical technology college.
• Represented a for-profit Pennsylvania hospital in regulatory matters, including the addition of skilled nursing facilities, ambulatory surgery centers, ambulatory imaging centers, durable medical equipment, physical therapy and home health services.
• Represented a nonprofit Pennsylvania specialty hospital in a corporate reorganization of their service lines.
• Represented a nationwide organization with more than five hundred chapters in a group exemption filing.
• Represented a Pennsylvania faith-based K through 12 private school in a group exemption filing.
• Represented a IRC 501(c)(4) social welfare organization in Pennsylvania in the establishment of its political and lobbying service line.
• Represented a Pennsylvania-based nonprofit hospital in the sale of its assets to a for-profit, public hospital chain.
• Represented a New Jersey nonprofit hospital in the development of outpatient cardiology practices as part of a joint venture with family practices.
• Represented a New Jersey nonprofit hospital in an Office of Inspector General investigation of Medicare emergency room billing practices.
• Represented a New Jersey nonprofit hospital in the development of a parent management company and compensation strategy for key executives.
• Represented executives of a Pennsylvania nonprofit hospital before the Internal Revenue Service regarding a private-inurement issue related to compensation.
• Represented a New Jersey nonprofit hospital in drafting a private-letter-ruling request to the Internal Revenue Service in order to implement a corporate reorganization.
• Represented a New Jersey nonprofit hospital in a self-disclosure billing issues before the Office of Inspector General.
• Represented a New Jersey nonprofit hospital in submitting a request for a private ruling as to the permissibility of not charging patients co-pays for cardiac inpatient and outpatient procedures.
• Represented a New Jersey nonprofit hospital and its affiliates before the Internal Revenue Service in connection with tax audits of the hospital and its affiliates.
• Represented a Pennsylvania nonprofit hospital in the analysis of corporate and physician contracts as part of a private-inurement and private-benefit study.
• Represented a Pennsylvania nonprofit hospital in an inquiry by the Pennsylvania Office of Attorney General as to private-inurement and excess-benefit issues.
• Represented a Pennsylvania hospital as part of a review of its Form 990 and due-diligence documentation.
• Represented a New Jersey for-profit hospital in the development of an outpatient home infusion joint venture.
• Represented a New Jersey for-profit hospital in the acquisition of a bankrupt nonprofit hospital.
• Represented a New Jersey for-profit hospital in the issuance of a private-placement memorandum to accredited investors.
• Represented a New Jersey nonprofit hospital in the dissolution of its business activities and distribution of its assets.
• Represented a New York for-profit nursing-home system in the acquisition of a university-based healthcare provider.
• Represented a New Jersey home-healthcare provider in the procurement of a certificate of need.

Professional Activities

• American Bar Association
  - Health Law Section
  -- Vice President of Tax and Accounting Subsection
• American Health Lawyers Association
• New Jersey State Bar Association
• Healthcare Financial Management Association
• Mercer County Bar Association

Admissions

• New Jersey
• U.S. District Court for the District of New Jersey
• U.S. Tax Court

Education

• Villanova University School of Law, LL.M., Taxation, 1989
• Seton Hall University School of Law, J.D., 1985
• Seton Hall University, Stillman School of Business, M.B.A., 1985
• Rutgers University, B.A., 1982

Experience

• Duane Morris LLP
  - Partner, 2010-present
• Fox Rothschild LLP
  - Partner, 1997-2010
• Garrubbo & Romankow
  - Partner, 1994-1997
• Deloitte & Touche
  - Director, 1985-1994

Selected Speaking Engagements

• Speaker, "The Feds are Here, Now What," Healthcare Financial Management Association Conference, Atlantic City, New Jersey, October 2010
• Speaker, "Codey Law Amendments," Essex County Chapter of American Institute of Certified Public Accountants, October 2009
• Speaker, "Required Agreements for Closely-Held Businesses," Greenacres Country Club, Lawrenceville, New Jersey, November 18, 1998