The art of representing people

Richard A. Marchese

Areas of Practice:

Elder Law/Long Term Health Care and Medicaid Planning
Special Needs Planning


New York Law School, JD

State University of New York at Albany, BA






rmarchese at woodsoviatt dot email_domain_ext



At a Glance:

Richard A. Marchese is a Partner in the firm’s Elder Law and Health Care Practice Group responsible for handling all elder law and health care issues. He  concentrates his practice in Medicaid and Estate planning,  Social Security, Medicare and Medicaid  eligibility and recovery matters, asset protection,  issues of spousal support, and the use of trusts in Medicaid planning. Mr. Marchese also provides counsel to health care providers in matters of compliance with federal and state regulations, defense of government audits and investigations, voluntary self-disclosures, corporate compliance and professional licensure issues.

Prior to joining the firm, Mr. Marchese served for over fifteen years as Chief Counsel to the Monroe County, N.Y. Department of Social Services, advising the Chronic Care, Home Care and Adult Protective units at that agency. He was the director of the Monroe County Provider Fund, Waste and Abuse Demonstration Project, and he now represents Medicaid providers in matters of compliance with government regulations and defense against government audits.

He received his JD from New York Law School and his BA from the State University of New York at Albany. 

Mr. Marchese carries an AV Preeminent rating with Martidale-Hubbell.

Community Involvement:

Mr. Marchese is the President of the Board of Directors for the Rochester Chapter of the Cystic Fibrosis Foundation, a member of the Board of Directors for the Heritage Christian Foundation and the President of the Brighton Rotary Foundation.  He is past President of Brighton, NY Rotary Club, and has participated for many years in the Monroe County Bar Association's Lawyers for Learning Program. He is also an attorney panel member of the Surrogate Decision-Making Committee of the New York State Commission on Quality Care.

Bar Admissions:

Mr. Marchese is admitted to practice in the State of New York, and the United States District Court for the Western District of New York.

Professional Affiliations:

Mr. Marchese is a member of the Monroe County and New York State Bar Associations and a member of the National Academy of Elder Law Attorneys, Inc. (NAELA).  He is also a member of the Executive Committee of the Elder Law Section of the New York  State Bar Association and the Estate Planning Council of Rochester.


Mr. Marchese is a frequent speaker to the Elder Law Sections of the New York State and Monroe County Bar Associations, as well as the Estate Planning Council of Rochester. 

Past Presentations:

  • December, 2012:  Monroe County Bar Association CLE on “The Effects of Lump Sum, Benefits on Public Benefit Recipients.
  • November, 2012: New York State Bar Association CLE on” Developing and Elder Law Practice.
  • August 2012: New York State Bar Association Annual Meeting on the topic of managed long term care and fair hearing rights.
  • May 2012: New York State 7th Judicial District CLE Conference on long term health care planning.
  • April 2012: Monroe County Bar Association on Medicaid 2012 update on eligibility rules, planning & estate recovery.
  • December 2009:  New York State Bar Association Conference on hot topics in Elder Law.
  • June 2009: Monroe County Bar Association on Medicaid liens and rights of subrogation.
  • May 2007: New York State Bar Association Spring meeting on practical skills: basic Elder Law practice.
  • January 2006: Monroe County Bar Association CLE on late breaking developments in federal and New York Medicaid law.
  • March 2005: Monroe County Bar Association Academy of Law on Medicaid 201: special case studies in complex Medicaid planning.

    He has authored publications on the following topics:

    • Transfer Rebuttals and Medicaid Planning
    • Use of supplemental needs trusts in Medicaid planning
    • Changes to the Statutory Power of Attorney in New York
    • Medicaid liens and rights of subrogation
    • Special case studies in complex Medicaid planninng
    • Waivers of elective shares in prenuptial agreements
    • Increasing the income of the community spouse
    • Medicaid treatment of support payments for a divorced couple

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