Benjamin P. Malerba is a partner in the Health Services and Privacy, Data & Cyber Law Practice Groups. 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 has particular experience representing ambulatory surgery centers (ASCs) and ambulatory surgery management companies, counseling them on a wide variety of corporate and commercial transactions, including mergers and acquisitions of existing ASCs, the establishment of de novo centers, and syndications. He regularly represents ASCs and other 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, medical groups, and state professional associations. He has also written articles and delivered presentations on the topic of medical marijuana. Ben has participated in the Volunteer Lawyers’ Project, representing tenants in landlord/tenant proceedings. He also served on the board of directors of The Early Years Institute, a not-for-profit organization that promotes the impact of the early years of life on later success.