Richard A. Marchese


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.


Recent Lectures

  • 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

Bar Admissions

State of New York

United States District Court for the Western District of New York

Professional Affiliations

  • Member of the Monroe County and New York State Bar Associations and a member of the National Academy of Elder Law Attorneys, Inc. (NAELA).
  • Member and Current Chair of the Elder Law Section of the New York State Bar Association and the Estate Planning Council of Rochester.


  • 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

Community Involvement

  • 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
  • President of the Brighton Rotary Foundation and Past President of Brighton, NY Rotary Club
  • 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.
  • Attorney panel member of the Surrogate Decision-Making Committee of the New York State Commission on Quality Care.