Benjamin P MalerbaBenjamin P. Malerba is a partner in the Health Services and Privacy, Data & Cyber Law Practice Groups. Ben counsels a cross-section of health care providers and facilities, including IPAs, ACOs, provider networks, ambulatory surgery centers, diagnostc and treatment centers, dialysis facilities, and hospitals and federally qualified health centers, on general healthcare business transactions, state licensing issues, corporate practice of medicine and fee-splitting prohibitions, regulatory compliance, disputes with managed care companies, federal and state anti-kickback statutes, selfreferral statutes, and 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).
Ben has particular experience representing ambulatory surgery centers (ASCs) and ambulatory surgery management companies, counseling them on a wide variety of corporate and commercial transactions, including mergers and acquisitions of existing ASCs, the establishment of de novo centers, and syndications. He regularly represents ASCs and other 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 health care providers and business associates under HIPAA and on preparing for and responding to HIPAA breaches and investigations. Read More Read Less