Breitenbach, Roy W.

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BREITENBACHWEB

Roy W. Breitenbach

Partner/Director

rbreitenbachgarfunkelwild.com

111 Great Neck Road, Great Neck, NY 11021
P: 516-393-2272

350 Bedford Street, Suite 406A, Stamford, CT  06901
P: 203-316-0493

PRACTICE
Appellate Litigation

Employment Law
Environmental
Litigation & Arbitration
Personal Services and Estate Planning

EDUCATION
St. John's University School of Law (J.D., cum laude, 1991)
Editor and Member - St. John's Law Review
St. John's University
(B.A., summa cum laude, 1988)

BAR ADMISSIONS
New York

Connecticut

COURT ADMISSIONS
United States Court of Appeals, Second Circuit
United States District Court - Southern, Eastern, Northern, and Western Districts of New York
New York Supreme Court, Appellate Division
Connecticut Supreme Court
United States District Court, District of Connecticut

HONORS AND AWARDS
 Outstanding Legal Service Award – Fairfield County Medical Association (2014)
New York Super Lawyers - Metro Edition (2011-2017)

PROFESSIONAL ASSOCIATIONS
New York State Bar Association
Nassau County Bar Association
American Bar Association
American Health Lawyers Association

Known as a skilled trial lawyer with over 25 years of experience in the area of health care and commercial litigation, Roy Breitenbach helps health care providers and other clients successfully and efficiently resolve their business, employment, and disability access disputes. He particularly focuses on working with health care providers to resolve their disputes with managed care companies and other third-party payers, helping employers avoid and, if necessary, successfully resolve employee disputes, and working with health care providers and other business to resolve disability access disputes with patients or customers, Mr. Breitenbach also has extensive experience in helping clients successfully navigate “business divorces” and unfair competition problems.

Representative Matters:

  • Successfully represented 15 hospitals in jury trial contending that major managed care company over 5+ year period systemically underpaid the hospitals millions of dollars each year.
  • Obtained preliminary injunction on behalf of local medical association preventing national managed care company from implementing a program to immediately narrow its network by terminating hundreds of providers.
  • Successfully defended New York City ENT practice in protracted dispute with national managed care company over allegations of fraud and abuse, overbilling, and upcoding. Turned claim in excess of million dollar against client into multi-million recovery for client and judicial finding that managed care company acted in bad faith.
  • Successfully defended New York City skilled nursing facility against 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 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 hospital’s former exclusive anesthesia services provider.
  • Successfully 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.
  • Successfully 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.

Mr. Breitenbach is involved in a number of community and religious activities, including membership in the Sovereign Military Order of Malta and the Catholic Lawyers Guild. He has served as President of the School Board for St. Patrick’s School, Huntington, as well as the Scoutmaster for Boy Scout Troop 78, Huntington. He currently services as a member of the Troop’s Committee, as well as a Matinecock District Merit Badge Counselor.
Mr. Breitenbach received his B.A. (summa cum laude) from St. John’s University in 1988. While in college, he was a state championship debater and competitive speaker. He received his J.D. (cum laude) from St. John’s Law School in 1991, where he served as an Editor of the St. John’s Law Review. Mr. Breitenbach is admitted to practice law in the United States Courts of Appeals for the Second and Third Circuits, the United States District Courts for the Eastern, Southern, Northern, and Western Districts of New York and the District of Connecticut; as well as all New York and Connecticut state courts.

Speeches and Events

  • 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, October 4, 2017.
  • Is Your ASC ADA Accessible, Ambulatory Surgery Center Association, Webinar, September 28, 2017.
  • Dealing With Difficult Managed Care Companies, New York State Neurosurgical Society, May 19, 2017, New York, NY.
  • Disability Access Compliance, Greater New York Hospital Association, May 17, 2017, New York, NY.
  • 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.
  • Resolving Payor Obstacles, Ambulatory Surgery Center Association, Webinar, August 24, 2016.
  • Managed Care Disputes: Tales From The Courthouse, Health Care Financial Management Association, Region 2 Annual Conference, October 24, 2014, Verona, NY.
  • Managed Care Developments, Hartford County Medical Association Annual Meeting, October 8, 2014, New Britain, CT.
  • Affordable Care Act’s Impact On Personal Injury Cases, National Business Institute Seminar, May 22, 2014, Charleston, WV.
  • Managed Care Disputes: Lessons Learned From The Courtroom, Fairfield County Medical Association Seminar, May 20, 2014, Norwalk, CT.
  • Affordable Care Act’s Impact On Injury Settlements, National Business Institute Continuing Legal Education National Webinar, Taped May 2014.

Publications

  • How To Break Up A Medical  Practice Partnership Legally And Efficiently (with Andrew E. Blustein), Medical Economics, anticipated publication date November 2017.
  • Disability Access For Health Care Providers, Nassau Lawyer, June 2017.
  • Protecting Your Health Care Practice With A Restrictive Covenant, Medical Economics, May 2017.