Attorney Profile
Benjamin P. Malerba
PartnerBen is the co-chair of the Health Services Practice Group and a member of the Privacy, Data & Cyber Law practice.
He counsels a cross-section of healthcare providers, facilities and businesses. He assists them with a variety of issues:
- mergers, acquisitions and joint ventures
- general healthcare 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
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).
Maintaining a focus on regulatory and compliance matters, 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 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 and regulations.
Ben is an active participant 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, Ben 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 2021, the prestigious Chambers and Partners has named Ben a Ranked Lawyer. He has been named to Best Lawyers in America® for Healthcare Law from 2018 to 2025. He was named a Top Healthcare 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 from 2021 to 2023.
Since 2016, the Health Services Practice Group has been recognized in the Chambers USA directory. It has also been listed in The Legal 500.
926 RXR Plaza
Uniondale, NY 11556-0926
New York
Court AdmissionsU.S. District Courts for the Southern and Eastern Districts of New York
Bar AffiliationsNew York State Bar Association’s Health Law Section
Nassau County Bar Association’s Health Law Section
American Health Law Association
EducationHofstra University School of Law, Juris Doctor
Frank G. Zarb School of Business at Hofstra University, M.B.A.
State University of New York at Stony Brook, B.A.
Practice Groups
News & Publications
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38 Rivkin Radler Attorneys Included in The Best Lawyers in America®
August 15 | 2024 -
HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9 | 2024 -
Chambers Recognizes 2 Rivkin Radler Practices and 3 Lawyers
June 6 | 2024
View All Publications