Attorney Profile

Benjamin P. Malerba

Partner

Benjamin P. Malerba is a partner in the Health Services and Privacy, Data & Cyber Law Practice Groups.  Benjamin 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 Health Insurance Portability and Accountability Act of 1996 (HIPAA) related security breaches.

Benjamin has particular experience representing ambulatory surgery centers (ASCs) and ambulatory surgery management companies, counseling them on a wide variety of corporate and commercial transactional matters, 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 investigations into HIPAA related security breaches.  Benjamin 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.

Benjamin frequently lectures on healthcare issues before provider networks, hospitals, ASCs, medical groups, and state professional associations, including articles and presentations on the topic of medical marijuana.  As an active participant in the Volunteer Lawyers’ Project, Benjamin represents tenants in landlord/tenant proceedings. He also serves on the board of directors of The Early Years Institute, a not-for-profit organization that promotes the importance of the early years of life for later success.

The Health Services Practice Group has been listed in the prestigious Legal 500. The practice also has been included in the Chambers USA directory in the Healthcare category. Ben was named a Top Healthcare Transaction Lawyer in 2015 by the Ambulatory M&A Advisor. In 2011, Long Island Business News named him one of its “40 Rising Stars Under 40.”

Ben has been named to the 2018 Best Lawyers in America in Healthcare by U.S. News & World Report.

P: (516) 357-3128
F: (516) 357-3333

926 RXR Plaza
Uniondale, NY 11556-0926

Bar Admission

New York

Court Admissions

United States District Courts for the Southern and Eastern Districts of New York

Bar Affiliations

New York State Bar Association’s Health Law Section

Nassau County Bar Association’s Health Law Section

Education

Hofstra University School of Law, J.D.

Frank G. Zarb School of Business at Hofstra University, M.B.A.

State University of New York at Stony Brook, B.A.

Benjamin P. Malerba

Partner

Benjamin P. Malerba is a partner in the Health Services and Privacy, Data & Cyber Law Practice Groups.  Benjamin 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 Health Insurance Portability and Accountability Act of 1996 (HIPAA) related security breaches.

Benjamin has particular experience representing ambulatory surgery centers (ASCs) and ambulatory surgery management companies, counseling them on a wide variety of corporate and commercial transactional matters, 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 investigations into HIPAA related security breaches.  Benjamin 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.

Benjamin frequently lectures on healthcare issues before provider networks, hospitals, ASCs, medical groups, and state professional associations, including articles and presentations on the topic of medical marijuana.  As an active participant in the Volunteer Lawyers’ Project, Benjamin represents tenants in landlord/tenant proceedings. He also serves on the board of directors of The Early Years Institute, a not-for-profit organization that promotes the importance of the early years of life for later success.

The Health Services Practice Group has been listed in the prestigious Legal 500. The practice also has been included in the Chambers USA directory in the Healthcare category. Ben was named a Top Healthcare Transaction Lawyer in 2015 by the Ambulatory M&A Advisor. In 2011, Long Island Business News named him one of its “40 Rising Stars Under 40.”

Ben has been named to the 2018 Best Lawyers in America in Healthcare by U.S. News & World Report.

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