Benjamin Malerba

Practice Areas

Mr. Benjamin Malerba is a partner in the firm's Health Services and Privacy, Data & Cyber Law Practice Groups.

Career

Ben 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.

Professional Memberships

New York State Bar Association’s Health Law Section

Nassau County Bar Association’s Health Law Section

American Health Lawyers Association

Education

Awards