Brian T. McGovern

Phone212 504 6117

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Experience & Credentials

Practice Areas

  • Health Care
  • Health Care Fraud, Abuse & Compliance
  • Health Care Privacy
  • Managed Care
  • Health Care Reform
  • Litigation
  • Long-Term Care
University Queens College, B.A., 1979
Law SchoolGeorgetown University Law Center, J.D., 1984
Admitted1985, New York; 1987, U.S. District Court, Eastern and Southern Districts of New York; 1988, U.S. Court of Appeals, Second Circuit; 1997, U.S. Court of Appeals, Fourth Circuit

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.

News Releases

• Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America Aug 18, 2014

• 2014 Edition of The Best Lawyers in America Recognizes 44 Cadwalader Attorneys Across a Range of Practices Oct 22, 2013

• 2013 Edition of The Best Lawyers In America Recognizes 45 Cadwalader Attorneys in Multiple Areas of Practice Oct 06, 2012

• 2012 Edition of The Best Lawyers In America Recognizes 45 Cadwalader Attorneys in 30 Areas of Practice Sep 06, 2011

• Cadwalader Promotes Four to Partnership Jan 05, 2010


• Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America Aug 18, 2014

• Chambers and Partners USA 2014 May 23, 2014

• 2014 Edition of The Best Lawyers in America Recognizes 44 Cadwalader Attorneys Across a Range of Practices Oct 22, 2013

• Chambers and Partners USA 2013 May 24, 2013

• The Best Lawyers In America 2013 Oct 06, 2012

• Chambers and Partners USA 2012 Jun 07, 2012

Clients & Friends Memos

• First Amendment and Off-Label Promotion - Prosecute What I Do, Not What I Say Apr 21, 2014

• Nonprofit Revitalization Act of 2013 -- Best Governance Practices Made Mandatory Jan 10, 2014

• New York State Regulations Restricting Provider Executive Compensation, Now Final (Finally) May 31, 2013

• Treasury and the IRS Propose Regulations on $500,000 Compensation Deduction Limit for Health Insurers May 08, 2013

• OIG Releases Updated Provider Self-Disclosure Protocol May 03, 2013

• Third Time's A Charm?: New York State Agencies Release Latest Revision of Proposed Regulations Restricting Executive Compensation and Administrative Costs of State-Funded Providers and Managed Care Plans Mar 28, 2013

• Ninth Circuit's Harkonen Decision Does Not Undermine Recent Second Circuit Precedent Establishing That Truthful Promotion Of Approved Drugs For Off-Label Use Is Protected By The First Amendment Mar 22, 2013

• Two Birds with One Stone: In Action Involving Civil RICO, Second Circuit Provides Defenses Against Mail Fraud and FLSA Allegations Mar 06, 2013

• Federal Court Finds that FDA Drug Approval is not Complete Defense to False Claims Act Allegation Involving On-Label Promotion Feb 21, 2013

• Supreme Court Rules Phoebe Putney's Acquisition is Not Immune Under the State-Action Doctrine Feb 21, 2013

• Worthless Services Can Be Costly: Nursing Facilities Enter Into CIA and Settle False Claims Act Suit Over Quality Issues Feb 06, 2013

• Second Circuit's Caronia Decision Striking Down On First Amendment Grounds The Criminal Conviction Of A Pharmaceutical Sales Representative For Off-Label Promotion Could Have Broad Implications Jan 04, 2013

• Recent Actions by Supreme Court and U.S. Antitrust Authorities Illustrate Continued Focus on Antitrust Issues in the Health Care Sector Dec 12, 2012

• First Circuit Set to Weigh in on Significant Circuit Split Involving False Claims Act First to File Rule Nov 23, 2012

• Round Two: Revised Proposed New York State Regulations Restricting Executive Compensation and Administrative Costs of State-Funded Providers Clarify Requirements But Do Not Change Basic Limits Nov 08, 2012

• U.S. Court of Appeals for D.C. Circuit Affirms Exclusion From Federal Health Care Programs Under “Responsible Corporate Officer” Doctrine Aug 06, 2012

• A Hat Trick of Heightened False Claims Act Risks for Health Care Providers Jul 19, 2012

• 5-4 Supreme Court Upholds the Affordable Care Act, Rules the Individual Mandate a Constitutional “Tax” Jun 29, 2012

• Proposed Regulations Limiting Executive Compensation of State-Funded Service Providers: “One Size Fits All” Gives Way to More Nuanced Approach May 31, 2012

• CMS Issues Proposed Regulations to Guide Providers and Suppliers in Complying with Mandate to Report and Return Medicare Overpayments Mar 05, 2012

• Final Rule for Accountable Care Organizations Addresses Major Provider Concerns: Will Long Term Care Providers Dive In? Nov 14, 2011

• The Proposed Regulations on Accountable Care Organizations and the Role of Long Term Care, Home Care, and Other Providers Across the Continuum May 04, 2011

• Hospital and Nursing Home Ethics Committees Face Significant New Responsibilities Apr 04, 2011

• OMIG Begins Policing Provider Compliance Programs Jan 07, 2011

• National Health Care Reform Promotes Accountable Care Organizations Nov 30, 2010

• First State AG in the Nation Sues to Enforce HIPAA Feb 08, 2010

• New York State Administrative Law Judge Finds Office of Medicaid Inspector General Audit Findings Invalid Nov 30, 2009


• Golden Living Case Shows How 'Worthless Services' Can Be Costly Mar 20, 2013

• 1st Circ. Set To Weigh In On FCA First-To-File Rule Dec 04, 2012

• Circuit Affirms Exclusion from Federal Health Care Programs under Responsible Corporate Officer Doctrine: Companies and Executives Beware of an Emboldened Department of Justice and HHS Office of Inspector General Oct 01, 2012

• 2010 OMIG Reform Legislation: Wait'll Next Year Dec 01, 2010


• HIPAA/HITECH Act Final Rule: What You Need to Know Sep 10, 2013

• Long Term Care Regulatory Boot Camp Jul 24, 2012


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First Amendment and Off-Label Promotion - Prosecute What I Do, Not What I Say
Bret A. Campbell,Jason Jurgens,Adam S. Lurie,Brian T. McGovern,Martin L. Seidel, April 23, 2014
On December 3, 2012, the United States Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia (“Caronia”), who had been tried and convicted of participating in an unlawful conspiracy to introduce a misbranded drug into interstate commerce in violation of the...

Nonprofit Revitalization Act of 2013 -- Best Governance Practices Made Mandatory
Marsena Farris,Pamela Landman,Stephanie Marcantonio,Brian T. McGovern,Paul W. Mourning, January 13, 2014
On December 18, 2013 Governor Cuomo signed into law the Nonprofit Revitalization Act of 2013 (the “Revitalization Act”), Assembly Bill Number 8072; Chapter 549 of the Laws of 2013. Intended “to reduce unnecessary and outdated burdens on nonprofits and to enhance nonprofit...
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Office Information

Brian T. McGovern

New YorkNY 10281-0006


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