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Richard A. Marchese

Woods Oviatt Gilman

Richard A. Marchese

Woods Oviatt Gilman

Richard A. Marchese

Woods Oviatt Gilman

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.


  • 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

  • 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.

Firm Description

Elder Law/Long Term Health Care and Medicaid Planning

Whether in advance of clients needing long term care, or when they are in crisis, we advise on the programmatic and financial rules for choosing between, obtaining and financing long term care.

The attorneys in our group regularly counsel clients on:

  • The differing levels of long term care and how Medicare and Medicaid may help pay for them.
  • The use of long term care insurance as a component of planning long term care financing.
  • How family assets may be preserved for spouses and other family members and assist them to do so through the use of trusts, gifting and other planning techniques.

We assist with Medicaid applications, and represent our clients in administrative hearings and court appeals if benefits are wrongfully denied, or if claims are made for recoveries by Medicaid or nursing homes. For younger individuals with special needs, we can help them or their families establish supplemental needs trusts so savings or inheritances will be available for those needs without disqualifying them from public benefits.


Day From To
Monday 9:00 AM 5:00 PM
Tuesday 9:00 AM 5:00 PM
Wednesday 9:00 AM 5:00 PM
Thursday 9:00 AM 5:00 PM
Friday 9:00 AM 5:00 PM


What Is an Elder Law Attorney?

Main Office

1900 Main Place Tower
350 Main Street
Buffalo, NY 14202

1900 Bausch and Lomb Pl
Rochester, NY 14604

On the web

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Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information