At a Glance

René H. Reixach, Jr. is a retired Partner in the firm's Elder Law and Health Care Practice Group and responsible for handling all elder law and health care issues.

Prior to joining Woods Oviatt, Mr. Reixach was the Executive Director of the Finger Lakes Health Systems Agency, a health planning agency covering a nine county region of western New York. In this capacity, he oversaw the local input to the State Department of Health process for planning and review of the development of the health facility services in this area.

Honors

• Names 2020 "Lawyer of the Year - Health Care Law" by The Best Lawyers in America.
• Fellow, National Academy of Elder Law Attorneys
• Named 2017 "Lawyer of the Year" by The Best Lawyers in America in Health Care Law.
• Listed in the current edition of The Best Lawyers in America.
• Was named the Best Lawyer's Lawyer of the Year - Health Care" for 2011 by the Best Lawyers In America publication.
• Listed in the current edition of "Super Lawyers" magazine for his work in the area of Elder Law.
• Has lectured frequently on health care topics, including Medicaid litigation, Medicaid eligibility and health planning for the New York State Bar Association, the National Academy of Elder Law Attorneys, National Business Institute, Strafford Continuing Education, the University of Rochester, Rochester Institute of Technology, and Cornell Law School.
• Appeared as an expert witness on Medicaid eligibility for the New York State Supreme Court.

Practice Areas

Elder Law / Long Term Health Care and Medicaid Planning

Estate & Trust Administration

Estate & Trust Litigation

Guardianships

Health Care

Special Needs Planning

Education

Harvard Law School, J.D.

Yale College, B.A.

Bar Admissions

State of New York

All federal district courts in New York, United States District Courts for the District of North Dakota, Central District of Illinois, and Eastern District of Michigan, United States Courts of Appeals for the Second and Third Circuits, Supreme Court of the United States

Key Representative Matters

Elder Law Representation:

• Successfully argued a preliminary injunction and affirmance on appeal in Simonsen v. Bremby, 679 Fed. Appx. 57 (2d Cir. 2017), holding that plaintiff was likely to prevail on the claim that the Medicaid program could not count the principal of a third party trust as an available resource because the trust agreement contained a spendthrift clause.

• Successfully argued the appeal as counsel in Zahner v. Secretary Pennsylvania Department of Human Services, 802 F.3d 497 (3d Cir. 2015), holding that annuities purchased by Medicaid applicants which had terms of less than two years could not be counted as resources to disqualify the applicants from Medicaid and that a Pennsylvania statute making all annuities purchased by Medicaid applicants assignable was in conflict with federal law.

• Filed amicus curiae brief on behalf of the National Academy of Elder Law Attorneys and the Ohio State Bar Association which the court cited in agreement in Hughes v. McCarthy, 734 F.3d 473 (6th Cir. 2013), concerning the right of a spouse to make unlimited pre-eligibility transfers to the other spouse without affecting Medicaid eligibility.

• Successfully represented and was lead counsel for the plaintiffs in Lopes v. Dept. of Social Services, 696 F. 3d 180 (2d Cir. 2012) and Geston v. Anderson, 729 F. 3d 1077 (8th Cir. 2013), ruling that the policy of the Connecticut and North Dakota Medicaid agencies to treat the income stream from an annuity owned by the spouse of a Medicaid applicant as an available resource that would disqualify the institutionalized spouse was illegal because it violates the federal Medicaid statute.

• Successfully represented Medicaid applicants in federal court litigation in New York, Connecticut and Pennsylvania, including an appeal to the United States Court of Appeals for the Second Circuit: Morenz v. Wilson-Coker, 415 F.3d 230 (2d Cir. 2005) Robbins v. DeBuono, 218 F.3d 197 (2d Cir. 2000), VerDow v. Sutkowy, 209 F.R.D. 309 (N.D.N.Y. 2002) Mertz v. Houstoun, 155 F. Supp. 2d 415 (E.D.Pa. 2001)

• Established rules favorable to Medicaid applicants throughout New York State through administrative hearings affirmed on review by the Supervising Administrative Law Judge, e.g., Appeal of Arnold S., establishing that retirement accounts, including IRAs, owned by a Medicaid applicant in a nursing home, are exempt resources so long as they are in periodic payment status.

• Represented amicus curiae in successful litigation establishing that guardianships for Medicaid planning are appropriate under New York law. Matter of Shah, 95 N.Y.2d 148, 733 N.E.2d 1093, 711 N.Y.S.2d 824 (2000).

Health Law Representation:

• Successfully represented large primary care medical group in contract dispute with HMO over change in contract terms by HMO during contract term. Buffalo Family Practice Medical Associates, P.C.v. Individual Practice Association, 256 A.D.2d 1230, 683 N.Y.S.2d 457 (4th Dept. 1998).
• Successfully defended large medical group against federal government claims of millions of dollars of overbilling to Medicare and potential False Claims Act liability, resulting in favorable settlement for a small fraction of alleged overpayments.
• Represented multi-disciplinary group in establishment of health care management organization to negotiate with local insurers and HMOs.

Professional Affiliations

Member of the Monroe County, New York State and American Bar Associations and the National Academy of Elder Law Attorneys

Community Involvement

• Past president of the Foundation of the Monroe County Bar and past treasurer of the Monroe County Bar Association.

Articles

8-18-2022 Thirty-Five Woods Oviatt Gilman attorneys have been recognized on the 2023 Best Lawyers in America list.

8-24-21 Woods Oviatt Attorneys Named to "Super Lawyers" list.

8-15-2019 Twenty-five Woods Oviatt attorneys named to the Best Lawyers in America List.

8-14-19 35 Woods Oviatt Attorneys Named to the 2020 Super Lawyers List

10-17-2018 René H. Reixach, Jr. named a recipient of the 2018 Charles P. Sabatino Excellence in Public Policy Award by the National Academy of Elder Law Attorneys

8-14-17 Twenty-Six Woods Oviatt Attorneys Named to "Best Lawyers in America"

8-18-2016 Five Woods Oviatt Attorneys Named "Lawyers of the Year" and Twenty-Six Attorneys Named to "Best Lawyers in America" List.

8-15-2016 Twenty-Four Woods Oviatt Gilman Attorneys Named to the 2016 Super Lawyers List

Rene Reixach to Speak at the 19th Annual Elder Law Institute - July 22, 2016

Rene Reixach, Esq. to Speak on Long Term Care at the Entrepreneur's Organization event on 12-3-15.

7-17-2015 - Rene Reixach, Esq. To Moderate a Panel on "Medicaid: New Solutions and Old Problems"

René H. Reixach, Esq. To Receive the Catholic Charities Community Services Inaugural "Community Champion" Award. - March 6, 2015

Case Notes Hughes V. McCarthy - Article co-authored by Rene Reixach, Esq.

Twenty-Four Woods Oviatt Attorneys Named to "Best Lawyers in America" List.

Thirteen Woods Oviatt Attorneys Are Included on the 2014 Upstate New York Super Lawyers List and Three Attorneys Are Named 2014 Upstate New York Rising Stars.