Recent News - Benjamin P. Malerba


Lunch and Learn Series: Compliance Issues and Trends in Healthcare Transaction Laws
June 23, 2023 | Health Services

Please join us for the July Lunch and Learn where we will discuss compliance issues and trends in Healthcare transaction laws. The presentation will focus on:

  • An analysis of the recently enacted New York Public Health Law Article 45-A, regarding disclosure of material transactions to the Department of Health.
  • Compliance and quality of care
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Rivkin Radler Receives Chambers USA Recognition for 2023
June 1, 2023 | Health Services | Insurance Coverage

The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings. The firm’s Insurance Coverage Practice Group, which has been recognized for the past eight years, is ranked in Band 4 in the Insurance: Dispute Resolution: Insurer category. The firm’s Health Services Practice Group, which has been recognized for

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Lunch and Learn Series: Avoiding the Pitfalls in Recent Government Enforcement
December 1, 2022 | Health Services

Please join us for the December Lunch and Learn with Benjamin Malerba and Benjamin Wisher. The pair will discuss recent audits, investigations and actions of government agencies including DOJ, MFCU, OMIG, the NY AG and others.

They will also discuss the potential pitfalls suggested by these agencies’ actions:

• Overbilling
• Anti-kickback violations

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Rivkin Radler Attorneys Named 2022 New York Metro Super Lawyers®/Rising Stars
September 22, 2022

Rivkin Radler LLP is pleased to announce that 32 attorneys were named to the 2022 New York Metro Super Lawyers List and 14 attorneys were named 2022 New York Metro Rising Stars. Following is a list of attorneys and the practice areas for which they were recognized.

Being named a Super Lawyer is an honor

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46 Rivkin Radler Attorneys Included in the 29th Edition of The Best Lawyers in America/Best Lawyers: Ones to Watch
August 18, 2022

The Best Lawyers in America has recognized Rivkin Radler LLP’s attorneys in its 2023 edition.

Two Rivkin attorneys, both of whom are based on Long Island, have been named Lawyer of the Year: William Cornachio for his work in Real Estate Law and William Savino for his work in both Insurance Law and Litigation-Insurance.

In

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Chambers USA Recognizes 2 Practice Groups and 3 Attorneys
June 1, 2022

The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings. The firm’s Insurance Coverage Practice Group is ranked in Band 3 in the Insurance: Dispute Resolution: Insurer category. Insurance Practice Group Partner William M. Savino is a Ranked Lawyer in Band 3. The firm’s Health Services Practice Group

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Lunch & Learn Series: Investing in ASCs: Compliance with the AKS and Extension of Practice Doctrine
November 30, 2021 | Health Services

This lunch and learn will explore the requirements under the Federal Anti-kickback Statute for investing in multi-specialty ambulatory surgery centers. It will introduce the extension of practice doctrine as it relates to investments in ASCs and specifically with non-compliance of the income and procedures tests. The program will also discuss typical tools used by ASCs

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35 Rivkin Radler Attorneys Named to Best Lawyers in America©/ Best Lawyers: Ones to Watch for 2022 – 24 Practice Areas Recognized
November 4, 2021

The prestigious Best Lawyers in America has again included Rivkin Radler LLP in its U.S. rankings for 2022. For the first time, the firm was recognized in the areas of tax and technology.

One Rivkin attorney, based in Albany, has been named Lawyer of the Year: Richard A. Frankel, for Trusts and Estates.

In addition,

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Rivkin Radler Attorneys Named 2021 New York Metro Super Lawyers
October 1, 2021

Rivkin Radler LLP is pleased to announce that 30 attorneys were named to the 2021 New York Metro Super Lawyers List and 13 attorneys were named 2021 New York Metro Rising Stars. Following is a list of attorneys and the practice areas for which they were recognized.

Being named a Super Lawyer is a tremendous

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35 Rivkin Radler Attorneys Named to Best Lawyers in America®/ Best Lawyers: Ones to Watch for 2022
August 19, 2021 | Corporate | Real Estate, Zoning & Land Use | Tax | Trusts & Estates | Compliance Investigations & White Collar | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud | Intellectual Property

The prestigious Best Lawyers in America has again included Rivkin Radler LLP in its U.S. rankings for 2022. For the first time, the firm was recognized in the areas of tax and technology.

One Rivkin attorney, based in Albany, has been named Lawyer of the Year: Richard A. Frankel, for Trusts and Estates.

In addition,

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Rivkin Radler Lunch-and-Learn Series: The Impact of Stark Law and AKS Changes on Compliance in Real Estate Transactions
June 21, 2021 | Health Services | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar

Please join us as Rivkin Radler attorneys Benjamin P. Malerba and Ada Janocinska discuss key compliance considerations under the federal Anti-Kickback Statute (AKS) and Stark Law as they relate to real estate transactions.

The presentation will provide:

• An overview of the changes in the laws
• Practical examples of when these laws

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Rivkin Radler Recognized in Chambers USA – Health Services, Insurance practices and 3 lawyers included in rankings
May 21, 2021 | Health Services | Insurance Coverage

The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in Band 3 in the Insurance: Dispute Resolution: Insurer category. Insurance Practice Group Partner William M. Savino is a Ranked Lawyer in Band 3. The firm’s Health Services Practice Group

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Malerba Shares HIPAA Updates with Coalition for Behavioral Health
April 7, 2021 | Compliance Investigations & White Collar | Health Services

On April 6, Benjamin Malerba gave a presentation to members of the Coalition for Behavioral Health. The presentation was entitled “HIPAA in an Evolving Health Care Environment: Proposed Changes for 2021 and Response to COVID-19.”

The Coalition for Behavioral Health provides policy, advocacy, training and technical assistance to more than 100 community-based behavioral health providers

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18 Rivkin Radler Attorneys Named to Best Lawyers in America© – 4 Named ‘Lawyer of the Year’
August 26, 2020 | Construction | Employment & Labor | Health Services | Insurance Coverage | Real Estate, Zoning & Land Use | Trusts & Estates | Appeals | Commercial Litigation

The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2021. For the first time, four Rivkin attorneys, all based in the firm’s Long Island office, have been named Lawyer of the Year:

Attorney                                Practice Area

Barry I. Levy                           Litigation-Health Care

Brian S. Conneely                  Employment Law-Management

Wendy H.

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Rivkin Health Attorneys Write the Book on Federal AKS and Safe Harbors
July 9, 2020 | Compliance Investigations & White Collar | Health Services

Eric Fader, Jeff Kaiser, Chris Kutner, Ada Kozicz and Ben Malerba are authors of the newly released book, “The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide.”

Published by the American Bar Association, the book covers all safe harbors currently in place, as well as the interplay between the Anti-Kickback Statute (AKS) and other

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Chambers and Partners Recognizes Rivkin Radler
April 23, 2020 | Health Services | Insurance Coverage

The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in Band 3 in the Insurance: Dispute Resolution: Insurer category. Insurance Practice Group Partner William M. Savino is a “Ranked Lawyer” in Band 3, while Benjamin P. Malerba, partner in

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COVID 19 Business Briefing: Telehealth
April 7, 2020 | Health Services

On April 6, Rivkin Radler’s Eric Fader presented a COVID-19 Business Briefing on Telehealth. The Briefing covered recent developments in federal and state law and policy, and changes in private insurers’ policies, that have been aimed at encouraging the use of telehealth during the current public health emergency.

This Business Briefing was the second in

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Fader, Iseman & Malerba present COVID-19 Business Briefings
April 6, 2020 | Employment & Labor

Update

The U.S. Department of the Treasury published additional guidance, in the form of FAQs. To view the FAQ sheet, click here.

————————————————————

On April 6, Rivkin Radler’s Robert Iseman presented a COVID-19 Business Briefing on the Paycheck Protection Program that was created under the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Administered

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Malerba, Kaiser to Speak on ACFE Healthcare Fraud Panel
February 26, 2020 | Health Services | Compliance Investigations & White Collar

On Thursday, May 7, 2020, Benjamin Malerba and Jeff Kaiser will participate in a panel discussion sponsored by the Long Island Chapter of the Association of Certified Fraud Examiners.

The program, to be held at the Westbury Manor, will feature a panel of experts discussing the detection and prosecution of healthcare fraud.

For details and

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Real Estate Department Transactions in December 2019
January 22, 2020 | Real Estate, Zoning & Land Use

In December 2019, David Leno and Louis D’Amaro represented Northwell Health in the acquisition of eight medical office practices in Manhattan, while successfully meeting the year-end deadline.

Louis D’Amaro, Benjamin Malerba and Ada Kozicz engaged in lease negotiations for a 10 year lease and guaranty for a psychiatric and behavioral health office located on West

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3 Members of Rivkin Radler Receive Leadership in Law Awards
November 26, 2019 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product Liability | Directors & Officers Liability | Health Services

NEW YORK – – Nov. 26, 2019 – Rivkin Radler is proud to announce that Peter C. Contino, Laura Einig and Benjamin P. Malerba have each received a Leadership in Law award from Long Island Business News in the categories of Lifetime Achievement, Unsung Hero and Partner, respectively.

The awards recognize individuals who demonstrate dedication,

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18 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2019 | Construction | Employment & Labor | Health Services | Insurance Coverage | Real Estate, Zoning & Land Use | Trusts & Estates | Appeals | Commercial Litigation

Uniondale, New York – August 15, 2019 – The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2020.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:

Albany,

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Chambers and Partners Recognizes Rivkin Radler
April 25, 2019 | Health Services | Insurance Coverage

Uniondale, New York – April 25, 2019 – The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in Band 3 in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in Band 4 in the

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Iseman and Malerba Featured in LIBN Healthcare Roundtable
March 4, 2019 | Health Services

Long Island Business News hosted a roundtable discussion on the current state of the healthcare industry. Rivkin partners Robert Iseman and Benjamin Malerba were joined by Dr. Zeyad Baker, ProHEALTH Care Associates’ president and CEO; Jeffrey Kraut, executive vice president of strategy and analytics at Northwell Health; and Dr. Simon Prince, president and CEO of

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Rivkin Radler Launches Healthcare Electronic News Bulletin
November 1, 2018 | Health Services

Rivkin Radler has launched “Rivkin Rounds,” a new electronic news bulletin for businesses, professionals, investors and stakeholders in the healthcare industry. The bulletin will present brief articles with links to primary sources, covering such items as developments in regulations and laws affecting the healthcare industry and related health insurance market, and important cases and regulatory

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Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 10, 2018 | Health Services | Insurance Coverage | Trusts & Estates | Appeals | Commercial Litigation | Construction | Employment & Labor

The prestigious Best Lawyers® in America has included Rivkin Radler LLP in its U.S. rankings for 2019. Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The recognized lawyers and the categories of law in which they are listed, are as follows:

Brian Bank – Insurance Law

Brian S. Conneely – Employment Law

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16 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2018 | Appeals | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Trusts & Estates

The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:

Albany, N.Y.

Michael J. Cunningham – Litigation-Construction

Richard A.

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Rivkin Radler Recognized in Chambers USA 2018
May 4, 2018 | Health Services | Insurance Coverage

The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group has moved from Band 4 to Band 3 in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in Band 4 in the Healthcare category. Firm partner William

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Malerba Named a Top Transaction Lawyer
January 16, 2018 | Health Services

The Ambulatory M&A Advisor has named Benjamin Malerba to its list of Leading Lawyers for 2017.

The list names the healthcare transaction attorneys who, according to the publication, “have achieved a high degree of recognition and success within their field.” Those on the list received nominations from clients, colleagues and service professionals within the healthcare

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17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Trusts & Estates | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud

The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:

Albany, N.Y.

Brian Culnan – Commercial Litigation

Michael J.

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Rivkin Radler Recognized in Chambers USA 2017
May 26, 2017 | Health Services | Insurance Coverage

The prestigious Chambers USA Directory has once again included Rivkin Radler LLP in its New York rankings.  The firm’s Insurance Coverage Practice Group is ranked in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group ranked in the Healthcare category.

“It is an honor to be recognized by Chambers USA,” said Managing

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Lellos, Malerba and Simensky Represent Sellers in Bifurcated Sale of Healthcare Management, Billing and Investment Companies
April 10, 2017 | Health Services | Corporate

Stella Lellos, Ben Malerba and Sean Simensky represented the four members of two New York based limited liability companies, in the business of operating healthcare management and billing services and in investing in specialty ambulatory surgical centers, in a bifurcated transaction pursuant to which the holding company sold its membership interests in its two wholly

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Malerba and Kozicz publish article in FC&S Legal
January 31, 2017 | Privacy, Data & Cyber Law

Benjamin P. Malerba and Ada Kozicz’s article, “New York Announces Revisions and Delayed Implementation of Cyber Regulations,” appeared in the Jan. 17, 2017, issue of FC&S Legal.

Click here to read the article.

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Rivkin Radler Names Malerba & Kutner Health Services Co-Chairs
January 20, 2017 | Health Services

NEW YORK – – January 20, 2017 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced today that partners Benjamin P. Malerba and Christopher J. Kutner have been named co-chairs of the firm’s Health Services Practice Group.

Rivkin Radler’s Health Services Practice Group assists clients in navigating the complexities of healthcare laws

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Malerba, Kaiser & Mitchell to Participate in NYSBA Medical Marijuana CLE
October 14, 2016 | Health Services

Benjamin Malerba, Geoffrey Kaiser and Gregory Mitchell will act as moderators and panelists for the New York State Bar Association’s upcoming Medical Marijuana CLE. It has been almost one year since New York first made medical marijuana available to patients with chronic illnesses. At this program, the panel of experts will take a look back

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Malerba speaker at NYSSCPA Health Care Conference
September 6, 2016 | Health Services

Benjamin Malerba will be a speaker at the NYSSCPA’s Health Care Conference entitled, “The Evolution of Health Care…What’s Next?”, to be held on September 28, at the FAE Learning Center, 14 Wall St., 19th Fl., NYC.

  • Explore the opportunities and challenges for health care providers posed by the growth in new payment models such
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Health Services Practice Group Selected for Inclusion in The Legal 500
June 23, 2016 | Health Services

The prestigious Legal 500 has included Rivkin Radler LLP in its U.S. rankings.  The firm’s Health Services Practice Group is listed in the Healthcare: Service Providers category.

“Our Health Services group has made incredible strides this year,” said Managing Partner Evan H. Krinick. “The team deserves kudos for their client service, which was also recognized

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Richman and Malerba successful in representation of medical management company
June 23, 2016 | Medical Malpractice Defense | Health Services

Congratulations to our partners David Richman and Ben Malerba who successfully represented a medical management company against claims by a physician who alleged that he was wrongfully expelled by his medical practice. The physician claimed that the practice’s medical board and management company did not have sufficient grounds to terminate his participation in the practice

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Rivkin Radler Recognized in Chambers USA 2016 – Insurance and Health Services practices selected for inclusion
May 27, 2016 | Health Services | Insurance Coverage

The prestigious Chambers USA Directory has included Rivkin Radler LLP.  The firm is listed in the Insurance: Dispute Resolution: Insurer category and its Health Services Practice Group is recognized among “Notable Firms” for Healthcare in New York.

“The Chambers USA Directory is one of the premier resources for sophisticated users of legal services,” said Managing

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Malerba and Mitchell attend the grand opening of a medical marijuana dispensary
January 29, 2016 | Health Services

Benjamin Malerba and Gregory Mitchell attended the grand opening of a medical marijuana dispensary in Riverhead as guests of its operator, Columbia Care. The dispensary, one of four Columbia Care is authorized to operate in New York, is the only licensed dispensary in Suffolk County. Columbia Care also operates dispensaries in Manhattan, Rochester, and Plattsburgh.

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Malerba Named Top Healthcare Lawyer
January 9, 2016 | Health Services

Benjamin P. Malerba was named a Top Healthcare Transaction Lawyer for 2015 by the Ambulatory M&A Advisor.

The list designates the healthcare transaction lawyers who have achieved a high degree of recognition and success within their field. The individuals listed were nominated by clients, colleagues and other service professionals within the healthcare transaction field. The

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Rivkin Radler attorneys present at Greater New York Healthcare Facilities Association
November 11, 2015 | Compliance Investigations & White Collar | Employment & Labor | Health Services

Michael Balboni, Benjamin Malerba, Chris Kutner, Geoffrey Kaiser, John Diviney, and Reema Sultan present at a Greater New York Healthcare Facilities Association (GNYHCFA) seminar entitled “Nursing Home Compliance Updates: HIPAA and Corporate Responsibilities.

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Malerba speaker at Hofstra Law CLE entitled, “What Attorneys Need to Know About Health Law”
June 3, 2015 | Health Services

Benjamin Malerba, a Partner in the Firm’s Health Services Practice Group, is a speaker at a CLE hosted by Hofstra Law entitled, “What Attorneys Need to Know About Health Law.”  Ben with participate in Panel II – Special Considerations in Navigating Corporate Transcations with Health Care Clients.”

The CLE is hosted by Ruskin Moscou Faltischek,

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Malerba and Mitchell to present at the Nassau County Bar Association
May 7, 2015 | Health Services | Corporate

 

On May 7, Benjamin Malerba and Gregory Mitchell, members of Rivkin Radler’s Health Services Practice Group, will be presenting a program entitled, “Medical Marijuana Comes to New York State,” at the Nassau County Bar Association. 

Ben will be speaking about the New York program, including the registration of patients, how

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Health Services Group issues an Alert
March 18, 2015 | Health Services

Benjamin Malerba and Gregory Mitchell, members of the Firm’s Health Services Practice Group, have issued an Alert entitled, “Senators Introduce Bill to Decriminalize Marijuana.”

Click here to read full text

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Ben Malerba to present at Physician’s Reciprocal Insurers Conference
June 11, 2013 | Health Services | Corporate

Ben Marlerba, a partner in the firm’s Corporate & Commercial and Health Services Practice Groups, will be a presenter at the Physicians’ Reciprocal Insurers’ Annual Risk Management Conference.  Mr. Malerba’s presentation is entitled, “Trends and Changes Affecting Ambulatory Care Facilities and the Redesign of the Certificate of Need Process.”

The conference will take place on

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Ben Malerba presents to the Physicians’ Reciprocal Insurers
May 23, 2012 | Health Services | Corporate

Ben Malerba, a partner in the firm’s Corporate & Commercial and Health Services Practice Groups, presented an educational session to Physicians’ Reciprocal Insurers, a group of underwriters and managers predominately from the Department of Hospitals and Special Programs.  Some of the topics that Ben addressed were:

  • providing an overview of the current definitions of ambulatory
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Rivkin Radler’s Ben Malerba Among 40 Rising Stars Under 40
January 27, 2011 | Health Services | Corporate

UNIONDALE, NEW YORK – Benjamin Malerba, of S. Bellmore, a Partner with Rivkin Radler LLP, has been named to Long Island Business News’ 40 Rising Stars Under 40 Class of 2011. He is among Long Island’s top 40 individuals in business who are not only hard-working, talented and dedicated young professionals, but who also have

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Recent Developments in Physician Fee Sharing
October 7, 2010 | Health Services | Corporate

Benjamin P. Malerba, a partner in the firm’s Corporate & Commercial and Health Services Practice Groups, presented a CLE at the Nassau County Bar Association on whether an Article 28 ambulatory surgery center can share fees with its employee-physicians for services performed at off-site locations.  He will provide a hypothetical fact pattern and will open the floor

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