Barclay Damon
Barclay Damon

Bob 
     Tengeler

Bob Tengeler

Of Counsel

p: 518.429.4289

f: 518.533.2931

icon_email rtengeler@barclaydamon.com
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Albany Office

80 State Street
Albany, New York 12207

The former assistant Medicaid Inspector General for the NYS Department of Health, Bob primarily concentrates his practice on counseling health care clients in matters involving audits, business transactional issues, fraud investigations, Medicaid criminal activity, licensure, reimbursement, policy guidance, and the defense of state and federal litigation.

In his role as assistant Medicaid Inspector General, Bob supervised a staff of over 200 auditors, investigators, and attorneys responsible for Medicaid provider program-integrity control. During his tenure, he drafted and negotiated numerous regulations and proposed legislation. Additionally, he was the liaison with the State Medicaid Fraud Control Unit and with various federal fraud control entities. Working with the NYS Attorney General’s Office, Bob successfully defending numerous lawsuits involving Medicaid initiatives, some of which were heard in the US Court of Appeals, second circuit.

In counseling clients, Bob draws on his experience with federal agencies’ implementation of fraud-control initiatives, systems procedures for E-MEDNY, the Medicaid billing and data operating system, as well as New York’s legislative, regulatory, and budget processes.

Representative Experience

  • Represented Rite Aid and other Medicaid providers in numerous Medicaid audits, resulting in favorable settlements and/or administrative outcomes to the client.
  • Worked on a team that successfully represented independent pharmacies in challenging New York State’s mandatory mail prescription-ordering for Medicaid recipients.
  • Represented numerous clients in successfully challenging state denials of applications to become Medicaid providers.
  • Working with the Medical Society of the State of New York, successfully obtained Medicaid reinstatement for physicians previously terminated from the Medicaid program due to professional licensure issues.
  • Provided compliance guidance to numerous providers of medical practices, including providers or transportation, physician, pharmacy, personal care, substance-use disorder, and hospital services as well as school-based Medicaid service providers.
  • While serving as assistant Medicaid Inspector General, provided testimony to the NYS Legislature regarding Medicaid fraud control and program-integrity initiatives.

Practice Areas

Education

  • Hofstra University School of Law, J.D., 1975
  • State University of New York at Oneonta, B.A., 1972

Admitted To Practice

  • New York, 1976

Memberships & Affiliations

  • New York State Bar Association, Health Law Section
  • Town of Colonie Industrial Development Agency, Former Member

Civic Activities

  • Westland Hills Little League, Former Officer

Speaking & Publications

  • New York State Medicaid Fraud Control Unit, “Medicaid Provider Action”
  • “Responding to Audits, Investigations, Subpoenas and Warrants in New York”
  • Regularly provides presentations to health care professional associations, including the Pharmacists Society of the State of New York (PSSNY), the Alcoholism and Substance Abuse Providers of New York State (ASAPNYS), and school districts regarding the provision of Medicaid services to children (SSHSP).

Prior Experience

  • NYS Department of Health, Assistant Medicaid Inspector General
  • NYS Department of Social Services, Director of Bureau of Program Integrity
  • NYS Department of Social Services, Deputy Counsel, Medicaid Fraud Control
  • NYS Department of Social Services, Assistant Counsel, Bureau of Administrative Hearings

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