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Brian McGovern

Partner

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

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

Financial Transparency Legislation May Impact Nursing Home M&A, Operations Skilled Nursing News (November 10, 2021)
Media Mentions

The Best Lawyers in America 2022 Recognizes 53 Crowell & Moring Attorneys, One Selected as Lawyer of the Year

(Aug.19.2021)
Firm News / Announcement
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. (May.20.2021)
Firm News / Announcement
"Medicaid Managed Care Organizations and the Social Determinants of Health," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era (February 25, 2021). Presenters: Gary Baldwin, Brian McGovern, and Megan Beaver.
Speech/Presentation
"HHS' OIG Tackles Involuntary Nursing Home Discharges," Health Care Alert (December 1, 2020). Contacts: Brian McGovern, Michelle Chipetine
Client Alert / Newsletter
"HHS Approves Telecommunications for Providing Medicare Home Health Services, on a Permanent Basis, Effective January 1, 2021," Crowell & Moring’s Health Law Blog (November 9, 2020). Authors: Brian McGovern and Lidia Niecko-Najjum.
Publication
Increased Nursing Home Data Reporting Could Bring ‘Perfect Storm’ of Federal Lawsuits Skilled Nursing News (September 21, 2020)
Media Mentions
The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year (Aug.20.2020)
Firm News / Announcement
"NY DFS Proposes Strict Measures Relating to Mental Health Parity Compliance," Health Care Alert (July 17, 2020). Contacts: Kathy Hirata Chin, Christopher Flynn, Brian McGovern, Paul Mourning
Client Alert / Newsletter
Unsealed UHS Lawsuits Describe Improper Admissions, Extended Stays Modern Healthcare (July 17, 2020)
Media Mentions

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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