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
 
Biography

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 & Resources

NEWS

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

Recognition

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

RESOURCES

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

Articles

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

Events

HIPAA/HITECH Act Final Rule: What You Need to Know

Sep 10, 2013

Long Term Care Regulatory Boot Camp

Jul 24, 2012

 
ISLN904972359
 

Documents by this lawyer on Martindale.com

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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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