Benjamin P. Malerba
Partner
Benjamin P. Malerba
Partner
As a recognized thought leader in health care, Ben consistently stays ahead of industry trends and shares his insights. He believes that his clients always come first and values the opportunity to help them navigate their legal challenges. Ben also enjoys playing poker, which keeps his negotiation skills sharp.
Contact
Email: benjamin.malerba@rivkin.com
Phone: (516) 357-3128
Fax: (516) 357-3333
926 RXR Plaza
Uniondale, NY 11556
Practice Groups
Bar Admission
New York
Ben is the co-chair of the Health Services Practice Group and a member of the Privacy, Data & Cyber Law Practice Group. He provides practical advice to health care clients in connection with M&A, complex business transactions, and regulatory matters.
He counsels health systems, hospitals, outpatient centers, investors, management companies, payers, medical practices, dental practices, DSOs, provider networks, medical technology companies, digital health companies, and nonprofit entities in a variety of issues:
- mergers, acquisitions, and joint ventures
- general health care business transactions
- state licensing requirements
- corporate practice of medicine and fee-splitting prohibitions
- regulatory compliance
- disputes with managed care companies
- federal and state anti-kickback statutes
- self-referral statutes
- federal and state privacy laws
Ben’s 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 represents licensed facilities before the New York State Department of Health and the New York State Public Health and Health Planning Council. He also represents 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.
Additionally, Ben advises lawyers, law firms, in-house legal departments, investors, and legal service providers on the legal, ethical, and regulatory issues shaping the evolving legal services market. He helps clients navigate law firm recapitalizations, mergers and acquisitions, equity and debt financing, and add-on transactions designed to support strategic growth.
He also works with clients to structure management services organization (MSO) arrangements that protect law firm independence, align with professional responsibility rules, and address state-specific restrictions on nonlawyer ownership.
A frequent lecturer, Ben delivers presentations on health care, privacy and legal transaction issues, regulations, and related matters.
Ben has served on the firm’s management committee, most recently in 2026.
Court Admissions
U.S. District Courts for the Southern and Eastern Districts of New York
Bar Affiliations
New York State Bar Association
Nassau County Bar Association
American Health Law Association
Education
Maurice A. Deane School of Law at Hofstra University, J.D.
Frank G. Zarb School of Business at Hofstra University, M.B.A.
State University of New York at Stony Brook, B.A.
News & Publications
-
Malerba Named an Influencer in Healthcare and Healthcare Law
July 27 | 2026 -
Health Law Executive Briefing: Resolving Payment Disputes Under the No Surprises Act— An Analysis of the Federal IDR Process
June 30 | 2026 -
Chambers Recognizes 2 Rivkin Radler Practices and 4 Attorneys
June 4 | 2026
View All Publications
Webinars
- Compliance Issues and Trends in Healthcare Transaction Laws
July 15 | 2023 - Avoiding The Pitfalls In Recent Government Enforcement
December 28 | 2022 - Prohibitions on Provider Inducements
February 27 | 2024 - Telehealth for 2025: Federal and State Legal Changes and Trends
December 13 | 2024 - 2025 Healthcare Mergers & Acquisitions- What To Expect; How To Prepare; Choosing The Right Deal
January 23 | 2025 - Welcome to the ICE Age—A New Era of Immigration Enforcement
February 27 | 2025 - Health Law Executive Briefings: The Evolving Opportunities to Strategically Partner or Sell Your Practice
March 27 | 2025 - Health Law Executive Briefing: Unpacking New York Laboratory Regulations And Recent Enforcement Trends
April 24 | 2025 - Health Law Executive Briefing: Restrictive Covenants and Related Topics in the Health Care Space and Beyond
March 18 | 2026 - Health Law Executive Briefing: How to Handle Payer Record Requests and Subsequent Demands for Alleged Overpayments
September 22 | 2025 - Health Law Executive Briefing: Examining AI in Health Care, a Review of Key Strategic, Legal, and Regulatory Considerations
May 28 | 2026
Ben is a member of the New York State Bar Association Health Law Section and the Nassau County Bar Association Health Law Committee.
He is an active participant in the Community Legal Help Project. The CLHP provides pro bono legal services to residents in Nassau County. Ben also previously participated in the Volunteer Lawyers’ Project, representing tenants in landlord/tenant proceedings on a pro bono basis.
Ben serves on the Board of Directors of Access: Supports for Living Foundation, which conducts charitable activities to help people with challenges live the fullest life possible. Previously, he served on the Board of Directors of The Guidance Center of Westchester, a not-for-profit that seeks to improve the well-being of people of all ages through innovative and effective programs that enable everyone to learn, work, and thrive.
Ben served on the Board of Directors of The Early Years Institute, a not-for-profit that promotes the impact of the early years of life on later success.
Since 2019, the prestigious Chambers and Partners has named Ben a Ranked Lawyer. He has been named to Best Lawyers in America® for Health Care Law from 2018 to 2026. He was named a Top Health Care Transaction Lawyer in 2015 and 2017 by Ambulatory M&A Advisor. Ben was also named to the Super Lawyers Metro New York list in Health Care since 2021.
In 2026, Legal 500 ranked Ben in its inaugural Elite City Focus: New York: Cybersecurity & Data Protection series
He was named to the Long Island Business News 2026 Long Island Business Influencers: Healthcare & Healthcare Law list and was recognized by City & State NY as a 2026 Trailblazer in Law.
Ben was recognized for his pro bono efforts by the Nassau County Bar Association’s Access to Justice Committee as a Top Provider for 2025.
Since 2016, the Health Services Practice Group has been recognized in the Chambers USA directory. It has also been listed in Legal 500.
