René H. Reixach, Jr.
At a Glance:
René H. Reixach, Jr. is a partner in the firm's Elder Law and Health Care Practice Group and responsible for handling all elder law and health care issues.
Mr. Reixach received his J.D. degree from Harvard Law School, and his B.A. degree from Yale College.
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.
Elder Law Representation:
Successfully represented and was co-counsel for the plaintiff in Lopes v. Starkowski, no. 3:10-CV-307 (D. Conn. Aug. 12, 2010) in which U. S. District Judge Janet Hall in Bridgeport, Connecticut ruled that the policy of the Connecticut Department of Social Services 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.
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).
Among Mr. Reixach's civic and charitable involvements are serving as a board member of the Wesley Group, a Rochester long term care community, and he is past president of the Foundation of the Monroe County Bar.
Mr. Reixach is admitted to practice in the State of New York, all federal district courts in New York, the United States Court of Appeals for the Second Circuit and the Supreme Court of the United States.
Mr. Reixach is a member of the Monroe County, New York State and American Bar Associations.
Mr. Reixach authors a monthly health column in the Rochester Business Journal and has written for other professional, trade and business publications. He 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, the University of Rochester, Rochester Institute of Technology, and Cornell Law School. He also appeared as an expert witness on Medicaid eligibility for the New York State Supreme Court.
Mr. Reixach is listed in the current edition of “The Best Lawyers in America”. He was named the "Best Lawyer's Lawyer of the Year - Health Care" for 2011 by the Best Lawyers In America publication.
November 2010: Elder Law Section Meeting of the Pennsylvania Bar Association in Harrisburg, PA
October 2010: 13th Annual New England Elder Law Symposium at Suffolk Law School in Boston.
October 2009: 12th Annual New England Elder Law Symposium at Suffolk Law School in Boston.
March 2008: Estate Planning Council, Rochester NY, on recent Medicaid eligibility changes under the Deficit Reduction Act. He previously presented this topic in October of 2006.
April 2008: Missouri Chapter of the National Academy of Elder Law Attorneys in Branson, Missouri on Medicaid eligibility litigation in federal court.
July 2008: Pennsylvania Bar Institute's 11th Annual Elder Law Institute in Harrisburg, Pennsylvania on Medicaid eligibility litigation in federal court.
August 2006: Council of Advanced Practitioners, National Academy of Elder Law Attorneys in Chicago on using federal court litigation to protect spouses.
October 2006: The New York State Bar Association Elder Law Section fall meeting in White Plains NY, on Medicaid eligibility issues and the use of administrative fair hearings to correct erroneous decisions.
November 2006: at the National Academy of Elder Law Attorneys Advanced Elder Law Institute in Salt Lake City, on using the federal right of spousal refusal to protect spouses of nursing home residents.
- 5-13-13 As Seen in the Rochester Business Journal "Pointed Questions Reveal Answers About Costs, Quality of Life".
- 5-14-13 As Seen in the Rochester Business Journal "Eligibility For N.Y. Medicaid has Gotten Far More Stringent"
- 4-19-13 As Seen in the Rochester Business Journal “Rather than fight the inevitable for small hospitals, let’s manage it.” Written by Rene Reixach, Esq.
- 11-30-2012 - Nineteen Lawyers from Woods Oviatt Named to the Best Lawyers in America List.
- 10-2-12 René H. Reixach Has Success As Lead Counsel in Lopes v. Department of Social Services Case
- 10-15-12 René H. Reixach, Esq. Will Speak at the Suffolk Academy of Law on "Salient Issues in Elder Law"
- 11-7-12 René H. Reixach, Esq. Will Speak at The National Aging and Law Institute in Washington, DC
- 11-9-12 René H. Reixach, Esq. Will Be a Panelist On Medicaid Fair Hearings and Litigation
- 2-23-12 As Seen in The RBJ - Haphazard Medicaid "Redesign" is a Threat to Long Term Care
- 1-13-12 Non-Attorneys May Not Handle Some Complicated Medicaid Applications
- 3-9-12 Rene H. Reixach, Esq. to Speak at the Academy of Special Needs Planners in Memphis, TN
- 10-4-11 René H. Reixach Named Best Lawyers Health Care Lawyer of the Year.
- 8-19-2010 Seventeen Woods Oviatt Lawyers Listed in The Best Lawyers in America® 2011
- 7-21-11 René Reixach Featured in Article: HEALTHCARE: Medicare and Medicaid under the Knife
- 3-10-11 René H. Reixach, Esq. To Be Honored By The Empire Justice Center
- 10-15-10 René H. Reixach to speak at the New England Elder Law Symposium
- 9-29-10 René H. Reixach, Esq. will be Keynote Speaker at 13th Annual Elder & Disability Law Symposium in Edison, New Jersey
- 16 Woods Oviatt Attorneys Named to the 2009 "Best Lawyers in America" List.
- Sixteen Woods Oviatt Attorneys named in 2008 edition of “The Best Lawyers in America”
- Medicaid Family Can Hold on to More Assets
- René H. Reixach, Jr. is Co-Counsel in Successful Medicaid Case Win Against the State Of Maryland.
- René H. Reixach, Jr. Named a Fellow of the National Academy of Elder Law Attorneys
- Penalizing Health Care Providers: Enforcement or Exploitation?
- The Court of Appeals Approves "Guardianship for Medicaid Planning"
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