Industries

Government Experience

  • New York—Assistant Attorney General, Litigation Bureau, New York Attorney General's Office (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
bmcgovern@crowell.com
+1.212.895.4306

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.

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


Publications


Client Alerts & Newsletters


Press Coverage


Firm News & Announcements

June 1, 2022 Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S.
August 19, 2021 The Best Lawyers in America 2022 Recognizes 53 Crowell & Moring Attorneys, One Selected as Lawyer of the Year
May 20, 2021 Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S.
August 20, 2020 The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year
April 23, 2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
August 16, 2019 The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year
April 29, 2019 Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
October 17, 2018 Crowell & Moring Launches Elite New York Health Care Practice