Benjamin P. MalerbaPartner
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 serves on the board of directors of The Guidance Center of Westchester, whose mission is to improve the well-being of people of all ages through innovative and effective programs that enable everyone to learn, work and thrive. Ben has 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.
The prestigious Chambers and Partners named Ben a “Ranked Lawyer” in Band 4 in 2020. Ben has been named to Best Lawyers in America® for Healthcare Law from 2018 to 2021. He was named a Top Healthcare Transaction Lawyer in 2015 and 2017 by the Ambulatory M&A Advisor. In 2011, Long Island Business News named Ben one of its “40 Rising Stars Under 40.”
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.
926 RXR Plaza
Uniondale, NY 11556-0926
New YorkCourt Admissions
United States District Courts for the Southern and Eastern Districts of New YorkBar Affiliations
New York State Bar Association’s Health Law Section
Nassau County Bar Association’s Health Law Section
American Health Law AssociationEducation
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.