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Roy W. Breitenbach

Member

rbreitenbach@harrisbeachmurtha.com
D: (516) 880-8378  
- Long Island, NY Office
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Partner Roy W. Breitenbach
Profile
Representative Matters
Resources
Distinctions

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 successfully and efficiently help resolve complex business disputes, medical staff issues, investigations, hearings, regulatory matters, employment-related litigation and patient access matters.

A significant aspect of Roy’s health care practice involves resolving disputes with managed care companies and other third-party payers. He provides advice on a wide-variety of health care regulatory and reimbursement issues, including the 340B program, disproportionate share adjustment, and quality-based reimbursement. Roy also provides advice to academic and community hospitals and health systems on medical staff issues, investigations and hearings, as well as employment issues and investigations, patient access issues, complaints and disputes.

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.

 

 

  • Obtained millions of dollars of additional reimbursement from managed care companies on behalf of independent, out-of-network surgical practices that were consistently underpaid.
  • Represented metropolitan-area academic medical centers in medical staff peer review and membership hearings, investigations and appeals.
  • Counseled hospitals on medical staff matters, including the conduct of hearings, appeals and compliance with the requirements of the Health Care Quality Improvement and the New York Public Health Law.
  • 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 the 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 Connecticut 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 health care providers in federal and state health care regulatory and reimbursement matters, including those involving the 340B program, disproportionate share adjustment reimbursement, quality reimbursement, and other issues.
  • 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.
Insights
September 21, 2026

Second Circuit Limits Lawsuits to Collect Unpaid No Surprises Act Awards

East Coast is an important limitation on provider enforcement rights, but it is not necessarily the end of the road.
August 18, 2026

Potential Impacts of Fifth Circuit En Banc Decision in Texas Medical Association v. HHS

For out-of-network providers, this may be the most significant NSA reimbursement decision since TMA’s earlier challenges to IDR regulations.
May 29, 2026

Health Plans Take Aim at IDR Cases; Tips for Providers

Providers are often playing defense in Independent Dispute Resolutions.
April 15, 2026

Hospices to Face Increased Scrutiny Under New Scoring System

Hospice providers should plan for this development and take steps to improve their metrics.
March 24, 2026

U.S. Department of Justice Issues Uniform Corporate Enforcement Policy For All Criminal Cases

Overview of the DOJ’s new uniform corporate enforcement policy and what it means for corporate compliance from experienced attorneys.
March 9, 2026

Federal Investigation Puts NY Medicaid Providers Under Spotlight Amid Fraud Allegations

CMS is zeroing in on Personal Care, Home Care, Medical Transportation and related services.
March 3, 2026

Compliance Considerations for Health Care Organizations with Clinical Laboratories

The opinion provides a useful guide for structuring a compliant laboratory arrangement that avoids Anti‑Kickback Statute pitfalls.
January 6, 2026

Roy Breitenbach and Brendan Venter Quoted in Long Island Business News

The attorneys discussed how immigration strategies can help Long Island health care employers address staffing challenges.
News
August 20, 2026

123 Harris Beach Murtha Lawyers Recognized as 2027 Best Lawyers® Award Recipients; 10 Earn “Lawyer of the Year” Recognition

Best Lawyers honorees are selected through a peer-review process evaluating professional excellence within specific practice areas and geogr
July 24, 2026

Roy Breitenbach Recognized by LIBN as Health Care Law Influencer

Roy was recognized for work on business disputes, medical staff matters, investigations, regulatory proceedings, and patient access issues.
June 16, 2026

amNY Law Publishes Opinion Piece from Two Harris Beach Murtha Attorneys

The two wrote that the number of IDR cases has unexpectedly exploded since the process was established under the 2020 No Surprises Act.
January 6, 2026

Roy Breitenbach and Brendan Venter Quoted in Long Island Business News

The attorneys discussed how immigration strategies can help Long Island health care employers address staffing challenges.
November 19, 2025

Health Care Industry Team Leaders Named PoliticsNY & amNY Metro 2025 Power Players

The list recognizes leaders who are shaping the future of Health Care in New York City and the state.
October 30, 2025

29 Harris Beach Murtha Attorneys Selected to 2025 New York Metro Super Lawyers and Super Lawyers: Rising Stars Lists

Super Lawyers is a nationally recognized professional survey and ranking service of accomplished attorneys.
August 21, 2025

More Than 100 Harris Beach Murtha Lawyers Recognized as 2026 Best Lawyers® Award Recipients; 11 Earn “Lawyer of the Year” Recognition

Best Lawyers provides trusted, peer-reviewed recognition of top legal professionals, helping clients find credible, experienced counsel.
August 15, 2025

Long Island Business News Quotes Health Care Attorney Roy Breitenbach

Harris Beach Murtha attorney and Health Care Industry Team leader Roy W. Breitenbach was one of three attorneys featured in a Long Island Bu
Events

Harris Beach Murtha Health Care Team to Present Webinar on Independent Dispute Resolution (IDR)

May 11, 2026
The Harris Beach Murtha Health Care team will present, “Independent Dispute Resolution (IDR) Key Updates, Trends, and Outlook for 2026.”

Harris Beach Murtha Health Care Team Presenting “Fraud and Abuse Enforcement in Health Care” Webinar

October 6, 2025
Join us as members of the Harris Beach Murtha Health Care Industry Team explore the latest developments in health care law.

Webinar: Employment Law Issues Impacting Health Care Practices in New York State

May 13, 2025
Roy Breitenbach and Sal Gangemi will discuss important employment law issues affecting physician practices in New York State.

Health Care Reimbursements: What You Need to Know

April 23, 2024
Roy Breitenbach for an overview of recent developments, best practices and how to navigate reimbursements in the health care industry.

Roy Breitenbach to Join Long Island Business News Webinar on Health Care Compliance

April 11, 2023
Breitenbach to focus on new 2023 regulations and why compliance is important for the business community.

Roy Breitenbach and Matt Babcock Presenting at Buffalo Niagara Partnership’s Healthcare and Human Services Industry Leaders Forum

March 2, 2023
Roy Breitenbach and Matt Babcock will cover non-compete clauses and OMIG’s new compliance regulations

The FTC’s Focus on Non-Compete Clauses and its Impact on the Health Care Industry

February 16, 2023
Upcoming webinar on the Federal Trade Commission’s focus on non-compete clauses and its impact on the health care industry

Matt Babcock and Roy Breitenbach to Present Webinar on OMIG’s New Compliance Regulations

February 9, 2023
Join Matt Babcock and Roy Breitenbach for an overview of OMIG’s new compliance regulations and what steps to take in the next 30-60 days
External Publications

Professional and Civic

  • Suffolk County Council BSA, Executive Board Member
  • Samaritan Daytop Village, Board Member
  • St. Patrick’s Church, Huntington, Finance Council member
  • Boy Scout Troop 78, Huntington, Troop Committee Chair, former Scoutmaster
  • 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

  • Super Lawyers, Health Care, since 2011
  • Best Lawyers, Health Care Law, 2026
  • Best Lawyers, Trusts and Estates, since 2020
  • Best Lawyers,  Litigation – Health Care, since 2021
  • Power List, Long Island Press, 2024
  • Herald Community Newspapers, Top Lawyers of Long Island, 2022
  • Best Lawyers, “Lawyer of the Year,” Litigation – Health Care, 2022
  • Who’s Who in Healthcare Law, Long Island Business News, 2022
  • Outstanding Legal Service Award, Fairfield County Medical Association, 2014
Admissions
ConnecticutNew YorkNew York Supreme Court - Appellate DivisionU.S. Court of Appeals, Second CircuitU.S. District Court, District of ColumbiaU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. District Court, New York - Western District
Education

St. John's University School of Law

JD 
1991
cum laude

St. John's University

BA 
1988
summa cum laude

Capabilities

Legal Practices

Member of:

Business Litigation
Government Compliance and Investigations
Labor and Employment

Industry Teams

Co-Leader for:

Health Care

Member of:

Health Care
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Partner Roy W. Breitenbach

Roy W. Breitenbach

Member

rbreitenbach@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Partner Roy W. Breitenbach

Roy W. Breitenbach

rbreitenbach@harrisbeachmurtha.com
D: (516) 880-8378
Long Island, NY Office

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 successfully and efficiently help resolve complex business disputes, medical staff issues, investigations, hearings, regulatory matters, employment-related litigation and patient access matters.

A significant aspect of Roy’s health care practice involves resolving disputes with managed care companies and other third-party payers. He provides advice on a wide-variety of health care regulatory and reimbursement issues, including the 340B program, disproportionate share adjustment, and quality-based reimbursement. Roy also provides advice to academic and community hospitals and health systems on medical staff issues, investigations and hearings, as well as employment issues and investigations, patient access issues, complaints and disputes.

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.

 

 

Areas of Expertise

Legal Practices

Member of:

Business Litigation
Government Compliance and Investigations
Labor and Employment

Industry Teams

Co-Leader for:

Health Care

Member of:

Health Care

Focuses

Please select listing to show.

Admissions

ConnecticutNew YorkNew York Supreme Court - Appellate DivisionU.S. Court of Appeals, Second CircuitU.S. District Court, District of ColumbiaU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. District Court, New York - Western District

Representative Matters

  • Obtained millions of dollars of additional reimbursement from managed care companies on behalf of independent, out-of-network surgical practices that were consistently underpaid.
  • Represented metropolitan-area academic medical centers in medical staff peer review and membership hearings, investigations and appeals.
  • Counseled hospitals on medical staff matters, including the conduct of hearings, appeals and compliance with the requirements of the Health Care Quality Improvement and the New York Public Health Law.
  • 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 the 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 Connecticut 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 health care providers in federal and state health care regulatory and reimbursement matters, including those involving the 340B program, disproportionate share adjustment reimbursement, quality reimbursement, and other issues.
  • 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.

Distinctions

Professional and Civic

  • Suffolk County Council BSA, Executive Board Member
  • Samaritan Daytop Village, Board Member
  • St. Patrick’s Church, Huntington, Finance Council member
  • Boy Scout Troop 78, Huntington, Troop Committee Chair, former Scoutmaster
  • 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

  • Super Lawyers, Health Care, since 2011
  • Best Lawyers, Health Care Law, 2026
  • Best Lawyers, Trusts and Estates, since 2020
  • Best Lawyers,  Litigation – Health Care, since 2021
  • Power List, Long Island Press, 2024
  • Herald Community Newspapers, Top Lawyers of Long Island, 2022
  • Best Lawyers, “Lawyer of the Year,” Litigation – Health Care, 2022
  • Who’s Who in Healthcare Law, Long Island Business News, 2022
  • Outstanding Legal Service Award, Fairfield County Medical Association, 2014
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 17, 2026 5:31 am