Benjamin P. Malerba

Benjamin P. Malerba is a Partner at Rivkin Radler LLP and serves as co-chair of the firm’s Health Services Practice Group. Based in Uniondale, New York, he is also a member of the Privacy, Data & Cyber Law Practice Group. His practice focuses on Health Care Law, where he advises a wide range of healthcare providers and facilities, including independent practice associations (IPAs), accountable care organizations (ACOs), provider networks, ambulatory surgery centers, diagnostic and treatment centers, dialysis facilities, hospitals, and federally qualified health centers.

Ben counsels clients on healthcare business transactions, New York State licensing matters, corporate practice of medicine and fee-splitting issues, regulatory compliance, disputes with managed care organizations, federal and state anti-kickback and self-referral laws, and healthcare privacy and security requirements. He regularly advises on data breach response, cybersecurity, and data security matters, with particular emphasis on compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and related state privacy laws.

In addition, Ben represents licensed healthcare facilities before the New York State Department of Health and the New York State Public Health and Health Planning Council. He has experience representing clients before federal and state agencies, including the U.S. Department of Health and Human Services Office for Civil Rights, in connection with HIPAA investigations and security breach matters. His work also includes counseling healthcare providers and business associates on the development and implementation of compliance programs, as well as preparing for and responding to HIPAA audits, investigations, and reported breaches.

Ben is a frequent lecturer on healthcare regulatory and compliance topics and regularly presents to provider networks, hospitals, ambulatory surgery centers, management services organizations, dental service organizations, medical groups, and state professional associations. He is also an active participant in the Volunteer Lawyers’ Project, where he provides pro bono representation to tenants in landlord-tenant proceedings.