Martin Bienstock


Martin Bienstock

(202) 751-2002 Download vCard


  • J.D., Yale University (1989)
  • B.S., Brooklyn College (1986)

Professional Activities

  • Director and Northeast Representative, Orthodox Union
  • Director, National Jewish Council for Disabilities

Bar Memberships

  • Maryland
  • Washington, D.C.
  • New York

Publications and Speaking Engagements

  • Book Chapter, Antitrust & Healthcare, Meeting the Challenge, American Health Lawyer’s Association, 3rd Ed. (in production)
  • Lecture, Barriers to Health Care Reform, Health Care Association of New York State, August 2011
  • Webinar, Accountable Care Organizations and Other Reimbursement Reforms: The Impact on Physician Practices, American College of Physicians, New York, June 2, 2011
  • Chapter, Integrate or Perish: Reconsidering Clinical Integration In The Wake Of Health Care Reform, in Navigating Health Care Reform, ALI-ABA Journal, May 2011.
  • Panelist, ABA Committee on Health Care Integration, Balancing Health Care Policy and Competition Policy, December 15, 2010
  • Lecture, Accountable Care Organizations, American College of Physicians, NY Region, Rochester, NY, November 2010
  • Chair, Health Law Fundamentals, New York State Bar Association, Albany, NY, Spring 2010
  • Panelist, Getting Paid in a Changing World: The Present and Future of Healthcare Reimbursement, New York State Bar Association, 2008 Annual Conference, January 2009
  • Special Edition Editor, Legal Issues in the Wake of the Berger Commission, New York State Bar Association Health Law Journal, Fall 2008
  • Article, Law and Policy of Health Care Competition for the 21st Century, New York State Bar Association Health Law Journal, Fall 2008

Martin Bienstock represents healthcare providers, financial institutions and other clients in complex litigation matters involving health care, insurance coverage, and other commercial and public policy related disputes. He has a long history of devising creative legal arguments and novel litigation strategies to produce successful and timely results on behalf of his clients.

Mr. Bienstock draws upon more than a dozen years in public service, during which he handled and supervised some of the most complex and important cases in New York State history. As an Assistant Attorney General, he handled a wide variety of cases, including a seven months long bench trial, a variety of healthcare policy cases, and multiple jury trials to verdict. He also briefed and argued a wide range of appeals and motions, many concerning issues of first impression and with important policy implications. For his work as an Assistant Attorney General, he received the Louis J. Lefkowitz award for outstanding service.

Thereafter, as a senior legal adviser to the Governor of New York, and Special Counsel to the New York Department of Health, he further developed his expertise in health care and insurance coverage issues. He drafted and negotiated dozens of State Laws, and implemented statewide regulatory enforcement efforts impacting more than 100 health care institutions statewide. He received an award for outstanding service for his work at the Department of Health as well.

Mr. Bienstock currently represents a number of large private equity firms challenging their insurers’ refusal to provide coverage or pay defense costs in matters involving hundreds of millions of dollars. In recent matters, he has handled complex health care fraud and coverage claims in bet-the-company type cases, in one of which he challenged a payer’s determination to deny reimbursement entirely for multiple years of service, and others involving denials that threatened the viability of the healthcare provider.

As lead attorney for a consortium of health care providers, he recently devised a strategy leading to early and successful settlement of a health care coverage case. In another recent case involving First Amendment issues of first impression, he successfully sued to learn the identity of and obtain judgment against a defendant who claimed a First Amendment right to use the internet to defame his client.

Mr. Bienstock writes and lectures frequently on health care, insurance coverage, and the Affordable Care Act. Most recently, he co-authored a forthcoming book on health care and antitrust. Mr. Bienstock previously was a partner with a large, international law firm in New York.