Martin Bienstock

Partner

518.449.8893

Albany

Marty Bienstock is a member of the firm’s Health Care practice with a particular concentration in litigation involving health care law and government policy issues. He represents clients in regulatory and litigation matters primarily in the health care, insurance and education law areas.

Prior to joining the firm, Marty devoted more than a decade of his career to government service. He served as special counsel to the New York State Department of Health, where he advised the commissioner on complex legal and policy issues, including those relating to the restructuring of the State’s health care delivery system; as a senior legal adviser to the Governor of New York, where he supervised legal and policy issues affecting New York State; and as an assistant Attorney General, where he litigated some of the largest legal and policy cases in the state.

Marty provides his clients with a sophisticated combination of substantive legal knowledge, government policy experience and litigation skills that enable him to develop strategies that best advance their interests. His unique understanding of the laws, policies and processes that inform decision-making allows him to craft successful strategies and present winning arguments on behalf of his clients.

AREAS OF FOCUS

Health Care, Education and Government Policy
Marty handles litigation and regulatory matters for a wide range of health care delivery systems, universities, school districts and other clients. In one representative matter, he is leading a coalition of providers in defending a complex constitutional and civil rights case challenging a major health care reform. In another, he represents a client in a cutting-edge free speech case involving internet anonymity. He also has successfully represented a wide range of clients in regulatory proceedings before state and federal administrators, often achieving success in these challenging forums.

During his time in government service, Marty served for more than two years as special counsel to the New York State Department of Health, where he helped restructure nearly 100 hospitals and nursing homes as required by the Berger Commission. In this role, he also was instrumental in effecting Medicaid reimbursement reform, reviewed clinical integration proposals, and helped develop a medical-home demonstration program.

Prior to serving at the Department of Health, he was a senior legal adviser to the Governor of New York, overseeing complex legislative, regulatory and litigation matters, and meeting the people and learning the process, policy and politics that drive government action in New York. He also previously served as an assistant Attorney General, litigating some of the most complex legal and policy issues in the state – such as the CFE case challenging the state’s school finance system.

Marty is an adjunct professor at Albany Law School, where he co-teaches a course in Law and Regulatory Policy.

Admissions

New York
U.S. District Court, Eastern and Southern Districts of New York
U.S. Court of Appeals, Second Circuit

Education

Yale Law School, J.D., 1989
Brooklyn College, B.S.

Professional Memberships

New York State Bar Association, Committee on Health Law
American Health Lawyers Association

Publications

Chapter on “Integrate or Perish: Reconsidering Clinical Integration in the Wake of Health Care Reform,” Navigating Health Care Reform, ALI-ABA Journal, May 2011.
“A Conversation About Medical Malpractice,” New York State Bar Association, Health Law Journal, Fall 2009.
“Legal Issues in the Wake of the Berger Commission,”New York State Bar Association, Health Law Journal,
Fall 2008.
“Legal Issues in the Wake of the Berger Commission,”New York State Bar Association, Health Law Journal, Fall 2008 (special edition editor).
“Law and Policy of Health Care Competition for the 21st Century,” New York State Bar Association, Health
Law Journal, Fall 2008.
“How We Die: A New Prescription,” Journal of Health and Law, Vol. 20, No. 1, 2007.
“Book Review: The Medical Malpractice Myth by Tom Baker,” The New York Law Journal, October 6, 2006.
“Book Review: The Medical Malpractice Myth by Tom Baker,” The New York Law Journal, October 6, 2006.
“Point of Entry System,” New York State Bar Association, Long-Term Care and Law, 2006.

Presentations

“Accountable Care Organizations and Other Reimbursement Reforms: The Impact on Physician Practice,”American College of Physicians webinar, New York, June 2, 2011.
“Balancing Health Care Policy and Competition Policy,” ABA Committee on Health Care Integration, December 15, 2010.
“Accountable Care Organizations,” American College of Physicians, NY Region, Rochester, NY, November 2010.
“Accountable Care Organizations and Medicare and Medicaid Reimbursement Changes,” ALI-ABA, Navigating Health Care Reform: Challenges for Insurers and Providers, June 2010.
“Implementing Federal Health Care Reform: What New York Businesses Need to Know,” New York State Business Council, Syracuse, NY, and Fishkill, NY, Spring 2010.
Chair: Health Law Fundamentals, New York State Bar Association, Albany, NY, Spring 2010.
“Getting Paid in a Changing World: The Present and Future of Healthcare Reimbursement, Inpatient
Reimbursement,” New York State Bar Association, 2008 Annual Conference, January 28, 2009.
Keynote Address: “Berger Commission – Challenges and Implementation,” New York State Bar Association, Long-Term Care Conference, May 9, 2008.
Panelist: “Balancing Competition and Government Allocation of Resources,”Brooklyn Law School, September
2007.
“Round-Table Forum on Long-Term Care in the 21st Century,” New York State Bar Association,
Long-Term Care and the Law, May 19, 2006.