Photograph of Brian McGovern

Industries

Government Experience

  • New York—State Assistant Attorney General, Litigation Bureau, County of New York (1987 – 1993)

Education

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

Admissions

  • New York

Brian McGovern

,
 Partner New York
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; 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.

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. Courts of Appeals for the Second and Fourth Circuits.



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


Speeches & Presentations

  • "Regulatory and Compliance Issues for Home Care Agencies and Hospice Providers Participating in Managed Long Term Care Plans," HCA NYS Corporate Compliance Symposium, Albany, NY (October 17, 2018). Presenter: Brian McGovern.


Publications



Client Alerts & Newsletters



Firm News & Announcements

Oct.17.2018 Crowell & Moring Launches Elite New York Health Care Practice