Barclay Damon
Barclay Damon

Eugene M. Laks

Eugene M. Laks

Of Counsel

p: 518.429.4228

f: 518.427.3485

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Albany Office

80 State Street
Albany, New York 12207

Gene focuses his practice on health care law. He has advised health care providers and practitioners on issues of Medicaid, Medicare and third-party reimbursement, audits and appeals, federal and state statutory and regulatory compliance, managed care, Certificate of Need and professional licensing, and business organizations and affiliations. Clients include health care practitioners and public, not-for-profit and proprietary health, mental health, alcoholism and substance abuse, and developmental disabilities licensed agencies. Gene also provides transactional analysis for federal and state regulatory compliance, avoidance of violations of the Stark Law and regulations prohibitions on self-referral, and compliance with the anti-kickback law and regulations.

Gene has been a frequent lecturer on Medicaid and Medicare reimbursement issues and a contributing author to the New York State Bar Association's Health Law Journal. He is the author of the New York Medicaid Reimbursement Guide, a comprehensive treatise published annually by the Healthcare Association of New York State.

Before joining the firm more than 15 years ago, Gene was counsel to the NYS Health Planning Commission, and prior to that, assistant counsel to the NYS Department of Health. He was the principal draftsman of Medicaid reimbursement legislation under two governors. The Health Planning Commission prcvided advice to the governor on health policy issues and coordinated New York's Certificate of Need program among the state agencies.

Representative Experience

  • Advised IPAs regarding organization, governance, and negotiations with managed care plans.
  • Advised a Medicaid managed care plan regarding requirements for IPA contracts, and submitted proposed contracts for approval by the Department of Health.

Practice Areas


  • New York University School of Law, LL.M., 1970
  • Brooklyn Law School, J.D., 1966
  • Columbia College, B.A., 1963

Admitted To Practice

  • New York, 1967

Memberships & Affiliations

  • New York State Bar Association
  • American Health Lawyers Association

Civic Activities

  • New York State Partnership to Improve End-of-Life Care, Member
  • New York State Bar Association's CLE Program, Health Care Reimbursement Faculty Member

Speaking & Publications

  • "Medicaid Redesign" Webinar, May 11, 2011
  • Healthcare Association of New York State's New York Medicaid Reimbursement Guide Hospitals; Clinics; Nursing Homes; Home Care Services; Mental Retardation and Developmental Disabilities Services; Mental Health Services; Alcoholism and Substance Abuse Services – Chemical Dependence Services; Health Care Practitioners; Health Care Suppliers and Vendors; Managed Care; and Compliance Plans and Audits chapters
  • "Health Care Update: Assisted Living Reform Act,” November 22, 2004
  • “Bounty Amid Scarcity: The Health Care Workforce Legislation,” New York State Bar Association's Health Law Journal, Spring 2002
  • “Medicare, Medicaid, and Medical Assistance in New York,” Lorman Educational Services
  • “Medicare and Medicaid Reimbursement,” Health Care Financial Managers Association
  • “Medicare and Medicaid Compliance Plans,” OASAS
  • Drafted the New York Health Care Reform Act of 1996 and the New York Prospective Hospital Reimbursement Methodology
  • Drafted New York State legislation relating to nursing home, clinic, and home health care reimbursement under the Medicaid program


  • New York Department of Health's Special Achievement Award for contribution to development of a hospital reimbursement case payment system
  • New York Governor’s citation for outstanding performance and contributions to human services as counsel to the health planning commission

Prior Experience

  • Hiscock & Barclay, LLP, Of Counsel
  • New York State Department of Health, Assistant Counsel
  • New York State Health Planning Commission, Counsel