Brian McGovern provides legal counsel and representation to health care and not-for-profit clients. His knowledge and experience span 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 fiscal intermediary 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 hearings and litigation in State and Federal courts. The providers represented during his career at Cadwalader 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 and fraud and abuse investigations and prosecutions, OMIG and MFCU audit initiatives, managed care contracting, and real property tax exemption.
Before coming to Cadwalader, Brian served for five and one-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. Brian is listed in The Best Lawyers in America.
• Cadwalader Honored By Legal Aid Society With 2015 Pro Bono Publico Award
Nov 10, 2015
• Supreme Court to Weigh Scope of Federal Fraud Law
Apr 17, 2016
• Cadwalader Recognized in 2016 Edition of The Best Lawyers in America
Aug 17, 2015
Clients & Friends Memos
• More Than a Family Affair: Six-Figure HIPAA Penalty Upheld for Unrepentant Home Care Agency due to PHI Access by Spurned Spouse of Employee
Mar 08, 2016
• In Closely Watched Case, Federal Court Upholds the Government's Position on Provider Mandate to Report and Return Medicare and Medicaid Overpayments in 60 Days
Nov 16, 2015
• Health Care Industry Enforcement: Significant False Claims Act and Related Developments
Jul 27, 2015