Profile

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.

Honors

• 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 a 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

Recent Lectures

• Article in Oct/Nov/Dec 2022 NAELA NEWS entitled "From Preparation to Closing Arguments: Litigation basics for the Elder Law Attorney."
  
• Presented at the 2022 annual meeting in Baltimore of the Trusts and Estates section of Meritas on the topic of "How to build an Elder Law Practice."
• Presented at the 2022 "Autism Next Up Conference" at Nazareth College on the topic of SSI and SSDI Benefits.

• May 2021: Gave the annual Elder Law/Medicaid update to the Monroe County Bar Association Trusts and Estates SectionApril 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.

Practice Areas

Industry Expertise

Education

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).
• 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.

Community Involvement