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Harris Beach PLLC Discover True Engagement image
Roy Breitenbach
D: (516) 880-8378  
rbreitenbach@harrisbeach.com

Roy W. Breitenbach

  Member

Industry Teams Leader -  
Health Care
(516) 880-8378  |
  rbreitenbach@harrisbeach.com
“My passion is to use my three decades of knowledge to help health care providers resolve their complex business and regulatory issues, so that they can focus their time and energy on what they do best: keeping us all well.”
  • Health Care Fraud & Abuse Webinar Series
  • Ukraine Conflict Creates Need for Enhanced Health Care Cybersecurity
  • U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of 1973 or the Affordable Care Act
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location

Roy is an experienced trial lawyer in the areas of health care and commercial litigation. Health care providers and related health care entities rely on his extensive experience to help them resolve complex business disputes, regulatory matters, employment-related litigation, and patient access matters, successfully and efficiently. A significant aspect of Roy’s health care practice involves resolving disputes with managed care companies and other third-party payers. In addition to working with health care providers, Roy counsels employers across multiple industries on a variety of labor and employment issues and disputes, including “business divorces” and unfair competition issues.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • Federal No Surprises Act – Lessons Learned from First 90 Days, speaker at webinar, Apr. 11, 2022
  • What’s the secret to achieving explosive economic growth while building healthier communities? Panelist, Long Island Business News Health Care Forum Panel, Apr. 11, 2022
  • Mental Hygiene & Guardianships, speaker at webinar, Nov. 19. 2021
  • What the New York State Vaccine Mandate Means to Your Health Care Facility, speaker at webinar, Nov. 19, 2021
  • New York State Vaccine Mandate in Health Care Facilities, speaker at webinar, Rochester Business Journal, Nov. 18, 2021
  • Understanding the New Surprise Billing Regulations, speaker at webinar, Nov. 17, 2021
  • Disability Access Compliance, speaker at Webinar, Greater New York Hospital Association, Jul. 12, 2021
  • New Evaluation & Management Coding Guidelines, speaker at webinar, Partnership with HealthCare Compliance Network, Apr. 9, 2021
  • What Healthcare Providers Need to Know About Patient & Employee ADA Compliance During COVID-19, speaker at webinar, Feb. 8, 2021
  • How The ADA Looks After COVID-19: What You Need to Know, speaker at Annual Meeting, American College of Surgeons, New York Chapter, Nov. 18, 2020
  • How to Win in NY’s IDR Process: Legal Considerations, speaker at Annual Meeting, New York State Society of Plastic Surgeons, Nov. 9, 2020
  • David v. Goliath? How To Effectively Fight A Third Party Payer Audit, speaker at Annual Meeting, New York State Society of Orthopedic Surgeons, Nov. 7, 2020
  • Childcare in the COVID-19 Era; The Return-to-School Scenario Facing Employers, speaker at webinar, Sept. 3, 2020
  • Operating Your Medical Practice in The COVID-19 Era, speaker at webinar, New York State Society of Plastic Surgeons, July 1, 2020
  • Post-COVID-19: Resuming Your Business After The Pause, speaker at meeting, Massapequa Chamber of Commerce, June 24, 2020
  • Operating Your Medical Practice In the COVID-19 Era, speaker at webinar, Medical Society of the State of New York, May 26, 2020
  • Practice Aspects for ASC’s Reopening, panelist at webinar, May 21, 2020
  • Exiting and Entering Contracts in the Age of Coronavirus, speaker at webinar series, March 24, 2020
  • Telehealth: Effective Risk Management Strategies to Reduce Liability, speaker at webinar, Feb. 26, 2020
  • OIG’s Proposed Value-Based Arrangement Safe Harbors: A High-Level View, panelist at ASC seminar, Nov.1, 2019
  • Is Your Facility ADA Accessible? Speaker at nursing home webinar, Oct. 3, 2019
  • What Physicians Should Know about Treating Patients With Disabilities, Grand Rounds presentation to J.T. Mather Memorial Hospital resident physicians, May 1, 2019
  • Successfully Resolving Reimbursement Disputes, presentation to North Shore University Medical Staff Society, Jan. 23, 2019
  • The Human Resource Manager: Essential Skills For Everyday Issues, speaker at the National Business Institute, Westbury, NY, Sept. 25, 2018
  • Meeting ASCs’ Obligations to Disabled Patients, Ambulatory Surgery Center Association, webinar, July 10, 2018
  • Employment Law Basics for Supervisors & Managers, In-Person Presentations at Skilled Nursing Facilities and Social Services Agencies throughout New York Metropolitan Area, spring/summer 2018
  • Providing Communication Access to Deaf and Hard-Of-Hearing Patients: Myth and Reality, New Jersey Hospital Association, webinar, Oct. 4, 2017
  • Is Your ASC ADA Accessible? Ambulatory Surgery Center Association, webinar, Sept. 28, 2017
  • Dealing with Difficult Managed Care Companies, New York State Neurosurgical Society, May 19, 2017
  • Disability Access Compliance, Greater New York Hospital Association, May 17, 2017
  • Patient & Employee Disability Issues: How Can ASCs Resolve These Challenging Issues? Ambulatory Surgery Center Association, April 11, 2017, webinar
  • Providing Communication Access to Deaf and Hard-Of-Hearing Patients: Myth And Reality, Fairfield County Medical Association, March 29, 2017, Norwalk, CT
  • Co-authored chapter entitled "Managed Care Litigation" in the Legal Manual for New York Physicians (Sixth Edition)
  • How to Break Up A Medical Practice Partnership Legally and Efficiently (with Andrew E. Blustein), Medical Economics, Nov. 2017
  • Protecting Your Health Care Practice with a Restrictive Covenant, Medical Economics, May 2017
  • Obtained complete defense verdict on behalf of major New York metropolitan area hospital system in a disability discrimination lawsuit brought by four patients who are deaf and who contended that system failed to provide them with adequate interpreting services during multiple visits.
  • Successfully represented 15 hospitals in a jury trial contending that a major managed care company systemically underpaid the hospitals millions of dollars each year over a 5+ year period.
  • Obtained preliminary injunction on behalf of local medical association preventing a national managed care company from implementing a program to immediately narrow its network by terminating hundreds of providers.
  • Defended New York City ENT practice in a protracted dispute with national managed care company over allegations of fraud and abuse, overbilling and up-coding. Turned the claim against client into multi-million recovery for client and judicial finding that the managed care company acted in bad faith.
  • Successfully defended New York City skilled nursing facility against a claim that one of its facility administrators engaged in sexually harassing conduct against employees.
  • Successfully defended New York hospital against whistleblower and retaliation claims brought by a nurse manager contending various health and safety violations, as well as other improper conduct.
  • Successfully defended New York hospital against multi-million dollar unfair competition claim brought by a hospital’s former exclusive anesthesia services provider.
  • Represented New York City skilled nursing facility at trial in multimillion-dollar dispute with facility’s landlord over proper interpretation of lease, and other complex commercial issues.
  • Defended virtually all New York metropolitan area hospitals and health care systems over the past two decades against federal court claims brought by patients that the facilities failed to provide auxiliary aids and services to accommodate their disabilities.

Professional and Civic

  • St. Patrick’s Church, Huntington, Finance Council member
  • Boy Scout Troop 78, Huntington, Troop Committee Chair, former Scoutmaster
  • Suffolk County Council BSA, Matinecock District, Merit Badge Counselor
  • Sovereign Military Order of Malta, member
  • Catholic Lawyers Guild, member
  • St. Patrick’s School, Huntington, Past President of School Board
  • New York State Bar Association
  • Nassau County Bar Association
  • American Bar Association
  • American Health Lawyers Association

Recognition

  • Best Lawyers in America®, Litigation, Health Care, since 2020
  • Super Lawyers, New York Metro area, since 2011
  • Outstanding Legal Service Award, Fairfield County Medical Association, 2014

Legal Practices

Business and Commercial Litigation

Industry Teams

Health Care

Connecticut

New York

New York Supreme Court - Appellate Division

U.S. Court of Appeals, Second Circuit

U.S. District Court, District of Columbia

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

St. John's University School of Law

JD
1991
cum laude

St. John's University

BA
1988
summa cum laude
Long Island, NY Office
All Blogs, All Insights, Health Care Blog |
 May 2, 2022
Fraud and Abuse: Learn From Our Lawyers, Not From Your Experience
This Thursday, May 5, I am excited to share Lessons Learned from 2022 Office of Inspector General (OIG) Enforcement, Corporate Integrity Agr...read more
All Insights, All Publications |
 April 28, 2022
U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of 1973 or the Affordable Care Act
Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional dist...read more
All Blogs, All Insights, Health Care Blog |
 April 27, 2022
Leadership Change Noted in New York State’s Medicaid Program
Earlier this month, the New York State Department of Health announced that Brett Friedman, who replaced Donna Frescatore in 2021 as the New ...read more
All Blogs, Health Care Blog |
 April 1, 2022
No Surprises Act Shouldn’t Stun Physicians in New York State
This week, Crain’s Health Pulse highlighted a lawsuit that I and my colleagues Dan Hallak and Jack Martins commenced earlier this week. ...read more
All Blogs, All Insights, Health Care Blog |
 March 23, 2022
Harris Beach Attorneys to Serve on 2022 Healthcare Forum
Can a robust healthcare sector lead to both explosive economic growth and healthier communities? Don’t miss the chance to hear two Harris Be...read more
All Blogs, Health Care Blog |
 March 3, 2022
Ukraine Conflict Creates Need for Enhanced Health Care Cybersecurity
With its trove of sensitive patient and personal data and increasingly digitized records, the health care industry is always vulnerable to c...read more
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(866) 999-0659

Roy W. Breitenbach

rbreitenbach@harrisbeach.com
D: (516) 880-8378
Long Island, NY Office
Roy Breitenbach
https://harrisbeach.com/people/breitenbach-roy-w/

■ Areas of Expertise

Business and Commercial Litigation Legal Practice
Health Care Industry Team

■ Profile

Roy is an experienced trial lawyer in the areas of health care and commercial litigation. Health care providers and related health care entities rely on his extensive experience to help them resolve complex business disputes, regulatory matters, employment-related litigation, and patient access matters, successfully and efficiently. A significant aspect of Roy’s health care practice involves resolving disputes with managed care companies and other third-party payers. In addition to working with health care providers, Roy counsels employers across multiple industries on a variety of labor and employment issues and disputes, including “business divorces” and unfair competition issues.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • Federal No Surprises Act – Lessons Learned from First 90 Days, speaker at webinar, Apr. 11, 2022
  • What’s the secret to achieving explosive economic growth while building healthier communities? Panelist, Long Island Business News Health Care Forum Panel, Apr. 11, 2022
  • Mental Hygiene & Guardianships, speaker at webinar, Nov. 19. 2021
  • What the New York State Vaccine Mandate Means to Your Health Care Facility, speaker at webinar, Nov. 19, 2021
  • New York State Vaccine Mandate in Health Care Facilities, speaker at webinar, Rochester Business Journal, Nov. 18, 2021
  • Understanding the New Surprise Billing Regulations, speaker at webinar, Nov. 17, 2021
  • Disability Access Compliance, speaker at Webinar, Greater New York Hospital Association, Jul. 12, 2021
  • New Evaluation & Management Coding Guidelines, speaker at webinar, Partnership with HealthCare Compliance Network, Apr. 9, 2021
  • What Healthcare Providers Need to Know About Patient & Employee ADA Compliance During COVID-19, speaker at webinar, Feb. 8, 2021
  • How The ADA Looks After COVID-19: What You Need to Know, speaker at Annual Meeting, American College of Surgeons, New York Chapter, Nov. 18, 2020
  • How to Win in NY’s IDR Process: Legal Considerations, speaker at Annual Meeting, New York State Society of Plastic Surgeons, Nov. 9, 2020
  • David v. Goliath? How To Effectively Fight A Third Party Payer Audit, speaker at Annual Meeting, New York State Society of Orthopedic Surgeons, Nov. 7, 2020
  • Childcare in the COVID-19 Era; The Return-to-School Scenario Facing Employers, speaker at webinar, Sept. 3, 2020
  • Operating Your Medical Practice in The COVID-19 Era, speaker at webinar, New York State Society of Plastic Surgeons, July 1, 2020
  • Post-COVID-19: Resuming Your Business After The Pause, speaker at meeting, Massapequa Chamber of Commerce, June 24, 2020
  • Operating Your Medical Practice In the COVID-19 Era, speaker at webinar, Medical Society of the State of New York, May 26, 2020
  • Practice Aspects for ASC’s Reopening, panelist at webinar, May 21, 2020
  • Exiting and Entering Contracts in the Age of Coronavirus, speaker at webinar series, March 24, 2020
  • Telehealth: Effective Risk Management Strategies to Reduce Liability, speaker at webinar, Feb. 26, 2020
  • OIG’s Proposed Value-Based Arrangement Safe Harbors: A High-Level View, panelist at ASC seminar, Nov.1, 2019
  • Is Your Facility ADA Accessible? Speaker at nursing home webinar, Oct. 3, 2019
  • What Physicians Should Know about Treating Patients With Disabilities, Grand Rounds presentation to J.T. Mather Memorial Hospital resident physicians, May 1, 2019
  • Successfully Resolving Reimbursement Disputes, presentation to North Shore University Medical Staff Society, Jan. 23, 2019
  • The Human Resource Manager: Essential Skills For Everyday Issues, speaker at the National Business Institute, Westbury, NY, Sept. 25, 2018
  • Meeting ASCs’ Obligations to Disabled Patients, Ambulatory Surgery Center Association, webinar, July 10, 2018
  • Employment Law Basics for Supervisors & Managers, In-Person Presentations at Skilled Nursing Facilities and Social Services Agencies throughout New York Metropolitan Area, spring/summer 2018
  • Providing Communication Access to Deaf and Hard-Of-Hearing Patients: Myth and Reality, New Jersey Hospital Association, webinar, Oct. 4, 2017
  • Is Your ASC ADA Accessible? Ambulatory Surgery Center Association, webinar, Sept. 28, 2017
  • Dealing with Difficult Managed Care Companies, New York State Neurosurgical Society, May 19, 2017
  • Disability Access Compliance, Greater New York Hospital Association, May 17, 2017
  • Patient & Employee Disability Issues: How Can ASCs Resolve These Challenging Issues? Ambulatory Surgery Center Association, April 11, 2017, webinar
  • Providing Communication Access to Deaf and Hard-Of-Hearing Patients: Myth And Reality, Fairfield County Medical Association, March 29, 2017, Norwalk, CT
  • Co-authored chapter entitled "Managed Care Litigation" in the Legal Manual for New York Physicians (Sixth Edition)
  • How to Break Up A Medical Practice Partnership Legally and Efficiently (with Andrew E. Blustein), Medical Economics, Nov. 2017
  • Protecting Your Health Care Practice with a Restrictive Covenant, Medical Economics, May 2017

■ Representative Matters

  • Obtained complete defense verdict on behalf of major New York metropolitan area hospital system in a disability discrimination lawsuit brought by four patients who are deaf and who contended that system failed to provide them with adequate interpreting services during multiple visits.
  • Successfully represented 15 hospitals in a jury trial contending that a major managed care company systemically underpaid the hospitals millions of dollars each year over a 5+ year period.
  • Obtained preliminary injunction on behalf of local medical association preventing a national managed care company from implementing a program to immediately narrow its network by terminating hundreds of providers.
  • Defended New York City ENT practice in a protracted dispute with national managed care company over allegations of fraud and abuse, overbilling and up-coding. Turned the claim against client into multi-million recovery for client and judicial finding that the managed care company acted in bad faith.
  • Successfully defended New York City skilled nursing facility against a claim that one of its facility administrators engaged in sexually harassing conduct against employees.
  • Successfully defended New York hospital against whistleblower and retaliation claims brought by a nurse manager contending various health and safety violations, as well as other improper conduct.
  • Successfully defended New York hospital against multi-million dollar unfair competition claim brought by a hospital’s former exclusive anesthesia services provider.
  • Represented New York City skilled nursing facility at trial in multimillion-dollar dispute with facility’s landlord over proper interpretation of lease, and other complex commercial issues.
  • Defended virtually all New York metropolitan area hospitals and health care systems over the past two decades against federal court claims brought by patients that the facilities failed to provide auxiliary aids and services to accommodate their disabilities.

■ Professional and Civic

  • St. Patrick’s Church, Huntington, Finance Council member
  • Boy Scout Troop 78, Huntington, Troop Committee Chair, former Scoutmaster
  • Suffolk County Council BSA, Matinecock District, Merit Badge Counselor
  • Sovereign Military Order of Malta, member
  • Catholic Lawyers Guild, member
  • St. Patrick’s School, Huntington, Past President of School Board
  • New York State Bar Association
  • Nassau County Bar Association
  • American Bar Association
  • American Health Lawyers Association

■ Admissions

  • Best Lawyers in America®, Litigation, Health Care, since 2020
  • Super Lawyers, New York Metro area, since 2011
  • Outstanding Legal Service Award, Fairfield County Medical Association, 2014

■ Education

St. John’s University School of Law
 ,JD
 ,1991
 ,cum laude
St. John’s University
 ,BA
 ,1988
 ,summa cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Sports Law
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of May 16, 2022 7:00 am
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