David R. Ross

Shareholder

David is a Shareholder (Partner) of O’Connell and Aronowitz, P.C. which has just celebrated its 100ᵗʰ Anniversary and has a new office in Latham, New York. He focuses his vast practice on all aspects of Medicaid, Medicare and private insurance audits & investigations, including statistical sampling and extrapolation; all aspects of Health Law (including fraud and abuse); governmental investigations of all kinds; administrative hearings; Federal and State False Claims Act whistleblower cases; Medicaid compliance plans; Medicaid exclusions and appeals; Medicaid and Medicare self-disclosures; compliance with federal substance abuse disorder confidentiality rules at 42 CFR Part 2; OMIG rate audits and NAMI audits of nursing homes; Assisted Living Programs audits and compliance; OASAS certified program compliance; OMH certified program compliance; and Article 78 cases challenging governmental action. He is the head of the Firm’s Government Investigations Unit and a member of our Healthcare Fraud and Abuse Unit.

Mr. Ross has represented health care providers throughout the state on various compliance matters, regulatory interpretation, Medicaid and Medicare self-disclosures, and of course audits conducted by the Office of the Medicaid Inspector General, Medicare contractors, and private insurance companies. For many years, he has spoken at provider group conferences and training events throughout the state, including the New York State Center for Assisted Living (NYSCAL), the New York State Health Facilities Association (NYSHFA), NYSARC/The Arc of New York, CPANYS, the New York Council of Nonprofits (NYCON), the Association for Community Living (ACL), and others. He has also guided providers and their counsel in defending against statistical sampling and extrapolation matters relating to their audits.

David also advises Compliance Officers for Medicaid, Medicare and private pay providers of various sizes from small practices to large institutions. These legal services can be provided on an hourly fee basis or via an annual retainer, depending on provider size and complexity of the compliance needs.

Additionally, David is a registered Arbitrator with the Health Care Payor section of the American Health Lawyers Association (AHLA).

Prior to joining O’Connell and Aronowitz, P.C. to enter the private practice of law, David held 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 alleged criminal fraud.

Under former Governors Pataki and Spitzer, David concluded his career in state government as the Acting Medicaid Inspector General for the State of New York. As the head of the OMIG, he was responsible for all statewide operations and 584 staff members in seven offices.

Prior to his service at the OMIG, David held several positions at OASAS, the New York State Office of Alcoholism and Substance Abuse Services (now the Office of Addiction Services and Supports), including Acting General Counsel, Deputy Counsel, and Associate Counsel. He had extensive experience handling certification and regulatory matters as well as 42 CFRR Part 2 substance abuse disorder confidentiality compliance. Before joining OASAS, he gained extensive experience in criminal and administrative law and procedure by serving as an Assistant Attorney General in the New York State Attorney General’s Environmental Protection Bureau. He handled both criminal and civil cases and various complex 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. Mr. Ross was a weekly on-the-air Legal Analyst for the Capital District radio talk show Talk1300 AM hosted by Paul Vandenburgh.

David has been recognized in The Best Lawyers in America® for Health Care Law in Albany, NY in the 2025 and 2026 editions.

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