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. Mr. Marchese actively pursues appeals of Medicare denials of coverage, denials or discontinuances of Medicaid, and denials of coverage claims from insurance providers, including appeals of long term disability claims. He was Counsel for 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.
- Named the 2021 Member of the Year by the New York Chapter of the National Association of Elder Law Attorneys.
- Listed in the current edition of Super Lawyers Magazine.
- Carries an AV Preeminent rating with Martindale-Hubbell.
- 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
- May 2021: Gave the annual Elder Law/Medicaid update to the Monroe County Bar Association Trusts and Estates Section
- April 2021: Presented to the Greater Rochester Area Partnership for the Elderly on 4/21/21 on the topic of "Long Term Care Insurance and Planning for Home care Medicaid"
- January 2021- Presented to the Elder Law/Special Needs Section of the NYSBA on the topic of "Crisis Planning with the new Medicaid lookback for community based long term care."
- November 2018: Chaired the NYSBA Intermediate Elder Law CLE seminar in Buffalo.
- April 2018: Presented on the topic of advance health acre directives to the MCBA (CLE).
- May 2018 Presented to MCBA a 2018 Medicaid and Elder Law Update
- April 2018: Presented to families with disabled children on the topic of special needs planning at Heritage Christian Service
- June 2017: Presented at a CLE Program to the Erie County Bar on the topic of responding to audits and investigations by the New York State OMIG.
- March 2016: Presented to the Trusts and Estates Section of the MCBA on the topic of “Advanced Medicaid
- April 2016: Guest lecturer at the Collaborative Law Association of the Rochester Area, Inc. on the topic of estate and long term care planning in difficult marital situations
- April 2015: New York State Bar Association CLE on drafting supplemental needs trusts.
- October, 2013: New York State Surrogate Court Clerk's Association Annual Conference on basic and complex Medicaid planning
- October, 2013: National Business Institute Seminar on Planning for Long Term Care
- August 2013: Monroe County Bar Association CLE on Article 81 and Supplemental Needs Trusts
- May, 2013: Estate Planning Council of Rochester on Medicaid Planning
- December, 2012: Monroe County Bar Association CLE on “The Effects of Lump Sum, Benefits on Public Benefit Recipients.
- 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.
New York Law School, JD
State University of New York at Albany, BA
State of New York
United States District Court for the Western District of New York
- Member of the Monroe County and New York State Bar Associations and a member of the National Academy of Elder Law Attorneys, Inc. (NAELA).
- Past chair of the Elder Law Section of the Monroe County Bar Association, Executive Committee member ( and President) of the New York National Academy of Elder Law Attorneys, Executive Committee member of the Elder Law Section of the New York State Bar Ass., committee member of the Estate Planning Council of Rochester and on the legislative committee of the NYSBA Elder Law and Special Needs Section.
- Member of the Monroe County Long Term Care Planning Council
- Co-chair of the annual Monroe County Elder Law Fair
- Member of the Rochester Area Community Foundation Developmental Disabilities Giving Circle
- Member of the Advocacy Committee for the Greater Rochester Area Partnership for the Elderly
- Member of the Board of Directors for the Rochester Chapter of the Cystic Fibrosis Foundation.
- Member of the University of Rochester Planned Giving Council
- Member of the Board of Directors for the Heritage Christian Foundation.
- Participated for many years in the Monroe County Bar Association's Lawyers for Learning Program.
- 5-20 Webinar Recording Available - Major Medicaid Changes for Home Care
- 4-23-2020 Richard A. Marchese, Esq. is featured presenter for MCBA webinar on the recent changes in legislation impacting Medicaid planning.
- 8-14-19 35 Woods Oviatt Attorneys Named to the 2020 Super Lawyers List
- 3-28-18 As Seen In the Rochester Business Journal - Retirees may need to take a second look at insurance policies.
- 9-20-17 As Seen in the Democrat and Chronicle - Riding the nursing home placement 'merry-go-round' by Richard A. Marchese, Esq.
- 6-22-2017 Woods Oviatt's Spring 2017 Newsletter
- 4-29-17 Richard A. Marchese, Esq. to present on special needs planning at seminar for families with disabled children.
- 5-4-17 Richard Marchese, Esq. to present 2017 Medicaid and Elder Law update at CLE program.
- 6-28-17 Richard Marchese, Esq. to present CLE Program on responding to audits from the New York State Office of Medicaid Inspector General.
- 10-26-16 Richard A. Marchese, Esq. to Speak at St. Joseph's Neighborhood Center's Long Term Care Planning Program
- 8-15-2016 Twenty-Four Woods Oviatt Gilman Attorneys Named to the 2016 Super Lawyers List
- As Seen in The Rochester Business Journal "Re-evaluation Long-Care Insurance"
- 11-12-15 As Seen on WROC Channel 8 News - Richard Marchese, Esq. Discusses the VA's Aid and Attendance Benefits
- 8-13-15 As seen in the Democrat and Chronicle "Making a plan for an autistic child who will one day be on her own" Rick Marchese, Esq. discusses legal planning for families with children who have autism.
- 8-6-2015 Richard Marchese, Esq. will be featured presenter for CLE Webinar on Medicaid Estate Recovery Planning Techniques.
- Rick Marchese, Esq. will be a featured speaker at New York State Bar Association Program on Medicaid Planning
- Richard Marchese to be a featured speaker for NYSBA CLE on Utilizing Supplemental Needs Trusts for Persons with Disabilities.
- Richard Marchese, Esq. will be a featured speaker for the ABLE Act Seminars on June 6 and June 20, 2015
- An Elder Law Attorney's Perspective on Long Term Care Insurance.