David Robert Ross

David is a partner of the firm, and his practice concentrates on Medicaid, Medicare and private insurance audits & investigations, Health Law including fraud and abuse, governmental investigations of all kinds, criminal defense, administrative hearings, Federal and State False Claims whistleblower cases, Medicaid compliance plans, and Article 78 cases. He is the head of the firm’s Government Investigations Unit and a member of the Healthcare Fraud and Abuse Unit.

David has had a number of high ranking positions within New York State government. Former Governor George Pataki appointed him General Counsel of the Office of the Medicaid Inspector General (OMIG) when the OMIG was created in 2005 in response to widespread public concern about Medicaid fraud, waste and abuse. The OMIG is an office within the New York State Department of Health designed to maximize the recovery of misspent Medicaid funds and is the central coordinating body for New York’s anti-Medicaid fraud, waste and abuse efforts. In addition to serving the OMIG as General Counsel, David was the Deputy Medicaid Inspector General for Audits and Investigations and directed a statewide staff of 364 auditors, investigators and private contractors. In that capacity, he oversaw all audits and investigations involving Medicaid providers.

He also worked extensively with the Medicaid Fraud Control Unit of the Attorney General’s Office on many cases of criminal fraud. Under former Governors Pataki and Spitzer, David concluded his career in state government as the Acting Medicaid Inspector General. As the head of the OMIG, he was responsible for all statewide operations and 584 people in seven offices.

Prior to his service at the OMIG, David held several positions at the New York State Office of Alcoholism and Substance Abuse Services (OASAS), including Acting General Counsel, Deputy Counsel, and Associate Counsel. Prior to joining OASAS, he had extensive experience in criminal law and procedure, having served as an Assistant Attorney General in the New York State Attorney General’s Environmental Protection Bureau. He handled both criminal and civil cases and investigations throughout the state in addition to numerous Article 78 proceedings. David has also served as a Senior Assistant District Attorney and as an Assistant Public Defender in various County, City, Town and Village Courts.

David is a frequent speaker at various provider conferences throughout the state. He was weekly on-the-air Legal Analyst for the Capital District radio talk show Talk1300 AM hosted by Paul Vandenburgh.

Professional & Civic Leadership

Professional Associations

• American Health Lawyers Association

• New York State Bar Association

• New York State Bar Association, Health Law Section

• Albany County Bar Association

Presentations & Publications

Presentations

• Assisted Living Program Bootcamp: Basic Training (and Beyond)

New York State Center For Assisted Living, Boot Camp

2016

• How to Prepare for, Respond to, and Survive an OMIG Audit

Webinar, New York State Center For Assisted Living

2009, 2010, 2011, 2012, 2013, 2016

• Self-Disclosures in Health Care

Webcast - New York State Bar Association

2014

• Medicaid Audits

Camp Finance by New York Council on Nonprofits

2012, 2013, 2014

• Medicaid Self-Audits and Self-Disclosure

Association of Community Living Agencies in Mental Health, 35th Annual Education Conference

2014

• OMIG Update

Mid-Winter Education Conference, New York State Health Facilities Association

2009, 2010, 2011, 2012, 2013

Publications

OMIG Compliance Program

The Guard is Changing: Cox Leaving OMIG Top Spot

Federal Govt Adds an Additional $23M to NYS's Medicaid Bill

2013 OMIG Annual Report

Cardiology Group to Pay More than $1.33 Million For Stark Law and False Claims Act Violations

CMS Audit of OPWDD ICFs Seeks Recovery of $1.26 Billion from NYS

Congressional Panel Hears HHS OIG Testimony About Oversight of NYS's Medicaid Program

Trouble with RACs

Auditing the Auditors

OMIG Releases Revised Compliance Guidance to OASAS Providers

Attention OPWDD Providers: OMIG Releases Compliance Guidance

Federal Government Adds an Additional $23 Million to New York State’s Medicaid Bill

OMIG Releases Annual Report for 2013: A Year of Record Recoveries

Cardiology Group to Pay More than $1.33 Million to Settle Allegations of Stark Law and False Claims Act Violations

Results

Federal Agency Appearances

• United States Attorney’s Office for the Northern District of New York

• United States Attorney’s Office for the Western District of New York

• United States Department of Health and Human Services Office of the Inspector General

• United States Food and Drug Administration

• United States Department of Justice

• Internal Revenue Service

Federal Bureau of Investigation

New York State Agency Appearances

• Office of the Medicaid Inspector General

• Attorney General’s Medicaid Fraud Control Unit

• Department of Health

• Office of Alcoholism and Substance Abuse Services

• Office of Professional Medical Conduct

• Office of the Inspector General

• Office of Mental Health

• Department of Taxation and Finance

• Department of Labor

• The Executive Chamber (of the Governor of the State of New York)

• Department of Social Services

• Department of Transportation

• Department of Agriculture and Markets

• State Insurance Department (now Department of Financial Services)

• Insurance Department

• Department of Education

• Public Service Commission

• Department of Environmental Conservation

• Office of Persons With Developmental Disabilities (formerly OMRDD)

• Commission on Quality of Care and Advocacy for Persons with Disabilities