Benjamin Malerba

Practice Areas

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

Career

He counsels a cross-section of healthcare providers and facilities on federal and state privacy laws, business transactions, licensing issues, corporate practice of medicine, regulatory compliance, anti-kickback and self-referral statutes and disputes with managed care companies.

His practice also covers data breach and response, cybersecurity and data security, with a particular focus on HIPAA security breaches.

Mr. Malerba has particular experience representing ambulatory surgery centers and ambulatory surgery management companies, counseling them on a wide variety of corporate and commercial transactions.

He counsels clients on the development and implementation of compliance programs for healthcare providers and business associates under HIPAA.

Ben regularly 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 before provider networks, hospitals, ASCs, MSOs, DSOs, medical and groups and state professional associations. 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. Ben has also 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. He has also volunteered with a local chapter of the Boys Scout of America and has coached in youth soccer and baseball leagues.

The prestigious Chambers and Partners named Ben a “Ranked Lawyer” in Band 3 in 2021. Ben has been named to Best Lawyers in America® for Healthcare Law from 2018 to 2023. He was named a Top Healthcare Transaction Lawyer in 2015 and 2017 by Ambulatory M&A Advisor. In 2011, Long Island Business News named Ben one of its 40 Rising Stars Under 40. Ben was also named to the Super Lawyers Metro New York list in Health Care for 2021 and 2022.

The Health Services Practice Group is ranked in Chambers USA. It has also been listed in The Legal 500.

Professional Memberships

New York State Bar Association’s Health Law Section

Nassau County Bar Association’s Health Law Section

American Health Lawyers Association