Barclay Damon
Barclay Damon

Paul 
     Kietzman

Paul Kietzman

Of Counsel

p: 518.429.4257

f: 518.533.2935

icon_email pkietzman@barclaydamon.com
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Albany Office

80 State Street
Albany, New York 12207

The former general counsel to the NYS Office for People With Developmental Disabilities (OPWDD), Paul has decades of experience counseling health care clients in both the private and public sectors. Paul has extensive experience handling matters involving NYS OPWDD regulations and policy; consumer movement, discharge, and treatment planning, including behavioral and medication interventions; health care and end-of-life decision making and planning; guardianship and alternatives; not-for-profit corporate formation, mergers, and related issues; and drafting and analyzing statutory and regulatory proposals and provisions.

Representative Experience

  • Served as the first general counsel to the NYS Office for People with Developmental Disabilities (OPWDD) and represented the state in several pivotal federal court hearings and appeals in the Willowbrook litigation.
  • Authored several pieces of legislation, including amendments to SCPA Article 17-A and a bill permitting the use of a simplified health care proxy with “act now” optional authority in the OPWDD service system.
  • Wrote portions of the Mental Hygiene Law, including Article 16, and the implementing legislation for Governor Pataki’s New York State Cares initiative.

Practice Areas

Education

  • Albany Law School, J.D., cum laude, 1972
  • Syracuse University, 1967

Admitted To Practice

  • New York

Memberships & Affiliations

  • New York State Bar Association

Civic Activities

  • Albany Law School Government Law Center, Board of Advisors Member
  • Town of Poestenkill, Board of Ethics Chair
  • Heather Ridge Neighborhood Improvement Association, Inc., Founder and Former President
  • Albany Knickerbocker Rugby Football Club, Founder and Former President

Speaking & Publications

  • New York State Bar Association Home Care in New York State CLE, “Ethical Considerations in Home Care Advocacy”
  • New York State Bar Association Elder Law and Special Needs Section Fall Meeting, “Current Issues in Guardianship for People With Intellectual Disabilities and Developmental Disabilities”
  • New York State Bar Association, “An Introduction to the Newly Enacted Family Health Care Decision Making Act Effective June 1, 2010”
  • New York State Bar Association Health Law Section Annual Meeting, Health Law Section, “The History and Recent Trends in OMRDD (OPWDD) Medicaid Rate and Fee Setting”
  • Albany Law School Government Law Center Non-Profits at the Crossroads: A Summit for Board Members and Staff Symposium , “Tools for the Organizational Leader to Better Understand the Regulatory Concepts of Advocacy and Lobbying,” Moderator
  • New York State Bar Journal, Board of Editors Member
  • New York State Bar Association Health Law Journal, “Why Not ‘Act Now?’ Can a Simpler Health Care Proxy Advance the Goal of Supported Decision-Making?”
  • Albany Government Law Review, “Willowbrook: Precedent or Promise?”
  • New York State Bar Association Health Law Journal, “A Bridge for People With Developmental Disabilities: The FHCDA and the HCDAPMR Need Some Reconciliation”

Prior Experience

  • NYSARC, Inc., General Counsel and Senior Counsel
  • NYS Office for People With Developmental Disabilities, General Counsel
  • NYS Department of Social Services, Medicaid Cost Containment Litigation, Deputy Counsel
  • Rosenblum, Leventhal & Kietzman, Associate and Partner