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Brian McGovern

Partner

bmcgovern@crowell.com
Phone: +1 212.895.4306
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

Brian McGovern is a partner at Crowell & Moring’s New York office.

Brian provides legal counsel and representation to health care and nonprofit clients. His experience spans the breadth of legal issues that confront the provider community, including counseling health care providers and managed care plans on regulatory compliance; responding to government audits and investigations, including Medicare contractor audits and New York State Office of Medicaid Inspector General (OMIG) and Attorney General Medicaid Fraud Control Unit (MFCU) inquiries; overseeing or performing internal compliance investigations; advising on and negotiating managed care, vendor, and other contracts; providing counsel and advocacy on reimbursement issues; assisting providers on administrative applications and matters before regulatory agencies, including rate appeals, certificate of need applications, and property tax exemption applications and appeals; responding to patient-care survey deficiency citations; and representing providers in administrative proceedings and litigation in state and federal courts. The providers he has represented include nursing homes, home care agencies, hospices, hospitals, continuing care retirement communities, pediatric facilities, and managed care plans.

Brian has also counseled provider associations on statutory, regulatory, and other legal developments impacting long-term care providers in New York State. Brian has given lectures and presentations to the health care industry on topics ranging from corporate compliance, False Claims Act, fraud and abuse investigations and prosecutions, OMIG and MFCU audit initiatives, managed care contracting, and real property tax exemption.

Brian is recognized as a leading health care lawyer by Chambers USA and is also recognized by The Best Lawyers in America, which named him "Lawyer of the Year" for Health Care Law in New York.

Brian served for five and a half years as an assistant attorney general for New York State, where he defended the state in, among other matters, Medicaid reimbursement litigation and other legal challenges to statutes, regulations, and agency actions affecting health care providers.

Representative Matters

  • Conducted internal investigation on behalf of a hospice agency, and reported our findings and recommendations, into whistleblower allegations of improper placement of hospice patients for general inpatient services as well as alleged “bullying” and other misconduct by the agency’s senior executive staff.  
  • Conducted review of major pharmaceutical company’s compliance program on behalf of the company’s audit committee, required to certify program effectiveness pursuant to Office of Inspector General Corporate Integrity Agreement; and prepared two separate written reports to the committee concerning salient findings relating to sales and manufacturing respectively. 
  • Guided two managed long term care plans in performing internal investigations into enrollment of allegedly ineligible plan members and in preparing and submitting self-disclosures to the Medicaid Inspector General.       

Brian graduated from Georgetown University Law Center. He is admitted to practice in New York State, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Second Circuit.

Education

  • Queens College, City University of New York, B.A. (1979)
  • Georgetown University Law Center, J.D. (1984)

Affiliations

Admitted to practice: New York; U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of New York, U.S. Court of Appeals for the Second Circuit, and U.S. Court of Appeals for the Fourth Circuit

Professional Activities and Memberships

  • Chair, Health Law Committee, Association of the Bar of the City of New York
  • Member, American Health Lawyers Association
  • Member, Health Care Compliance Association
  • Member, New York State Bar Association, Health Law Section

View More

Two Arkansas Skilled Nursing Facilities Sue Federal Government Over Arbitration Rule Skilled Nursing News (September 8, 2019)
In the News
The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year (Aug.16.2019)
Firm News/Announcement
UHS' Stock Price Up More Than 10% After $127M DOJ Settlement News Modern Healthcare (July 25, 2019)
In the News
CMS Rule Allows-But Could Discourage-Arbitration Agreements In Skilled Nursing Facilities Skilled Nursing News (July 23, 2019)
In the News
"Vermont Attorney General’s PFAS Lawsuits Continue Trend of State Government Product Lawsuits Against Industry," Environment & Natural Resources Law Alert (July 2, 2019). Contacts: Kevin C. Mayer, Peter Gray, Peter C. Condron, Brian McGovern
Client Alert/Newsletter
"Health Care Fraud and Abuse Laws: What In-house Counsel Need to Know and How to Respond to an Investigation," ACC and Crowell & Moring Seminar, New York, NY (June 27, 2019). Speakers: Brian McGovern, Troy A. Barsky, Rebecca Monck Ricigliano, and John E. Davis.
Speech/Presentation
"Navigating Enforcement Activity Regarding Wage Parity Act Compliance in the Home Health Industry," Crowell & Moring Breakfast Seminar, New York, NY (June 20, 2019). Presenters: Kelly T. Currie, Brian McGovern, Rebecca Monck Ricigliano, and Eric Su.
Speech/Presentation
Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.29.2019)
Firm News/Announcement
"Digital Health as Disrupter," ACC-NYC, New York, NY (March 14, 2019). Panelists: Brian McGovern, Jodi G. Daniel, and Alexis J. Gilman.
Speech/Presentation
"Open Season: Multi-Agency Report Makes Recommendations to Free the Health Care Sector from Overregulation and Enhance Competition," Health Care Alert (January 10, 2019). Contacts: Alexis J. Gilman, Joseph M. Miller, Brian McGovern, Joe Records, Stephanie D. Willis
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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