Benjamin P. Malerba

Benjamin P. Malerba


Rivkin Radler LLP

Recognized since 2018

Uniondale, New York

Practice Areas

Health Care Law

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Benjamin P. Malerba is a Partner and co-chair of the Health Services Practice Group and a Privacy, Data & Cyber Law Practice Group member. Ben counsels a cross-section of healthcare providers and facilities, including IPAs, ACOs, provider networks, ambulatory surgery centers, diagnostic and treatment centers, dialysis facilities, and hospitals and federally qualified health centers, on general healthcare business transactions, state licensing issues, corporate practice of medicine and fee-splitting prohibitions, regulatory compliance, disputes with managed care companies, federal and state anti-kickback statutes, self-referral statutes, and federal and state privacy laws. His practice also covers data breach and response, cybersecurity and data security, with a particular focus on security breaches related to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Ben regularly represents licensed facilities before the New York State Department of Health and the New York State Public Health and Health Planning Council. He also has represented clients before federal and state government agencies, including the Department of Health and Human Services’ Office for Civil Rights in its investigations into HIPAA-related security breaches. Ben also counsels clients on the development and implementation of compliance programs for healthcare providers and business associates under HIPAA and on preparing for and responding to HIPAA breaches and investigations.

A frequent lecturer, Ben delivers presentations on healthcare issues before provider networks, hospitals, ASCs, MSOs, DSOs, medical and groups and state professional associations. Ben is an active participant in the Volunteer Lawyers’ Project, representing tenants in landlord/tenant proceedings on a pro bono basis.

Location
  • West Tower, 926 RXR Plaza
    Uniondale, NY 11556-0926
Education
  • Hofstra University, Juris Doctor
  • Hofstra University, MBA
  • Stony Brook University, B.A.
Bar Admissions
  • New York, New York State Bar
Affiliations
  • American Health Law Association - Member
  • Nassau County Bar Association - Health Law Section Member
  • New York State Bar Association - Health Law Section Member
Court Admissions
  • U. S. District Court for the Southern and Eastern Districts of New York

Rivkin Radler LLP
Headquarters: Uniondale, New York

30 The Best Lawyers in America® awards

22 Best Lawyers: Ones to Watch® in America awards

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Recognized in The Best Lawyers in America® 2024 for work in:
  • Health Care Law
Special Focus:
  • COVID-19
Awards:
  • Chambers and Partners “Ranked Lawyer” in Band 3 since 2021

  • Top Healthcare Transaction Lawyer by Ambulatory M&A Advisor in 2015 and 2017
  • Long Island Business News' 40 Rising Stars Under 40 award
Additional Areas of Practice:
  • Corporate Compliance Law
  • Privacy and Data Security Law

Publications

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