Draft:Brian T. McGovern
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Brian Thomas McGovern (November 15, 1957 - April 5, 2023) was an American health care lawyer and litigator whose practice was based in New York City.
Biography
[edit]McGovern was born in Flushing, New York, the son of William F. McGovern and Joan M. McGovern. He received his Bachelor of Arts degree from Queens College cum laude in 1979 and his Juris Doctor from Georgetown University Law Center in 1984. He was admitted to practice in New York State in 1985; the U.S. District Court for the Eastern and Southern Districts of New York in 1987; the United States Court of Appeals for the Second Circuit in 1988 and the United States Court of Appeals for the Fourth Circuit in 1997.
Legal Career
[edit]McGovern began his legal practice in New York City as an Assistant Attorney General with the office of the Attorney General of New York. In that capacity, for five and a half years, he defended New York State in Medicaid reimbursement litigation and other legal challenges to statutes, regulations, and agency actions affecting health care providers.[1]
He joined the law firm of Cadwalader, Wickersham & Taft in 1993 as special counsel in the firm's health care law and litigation practice and was elected a partner in the firm in 2010.[2] With Cadwalader, he represented health care providers and provider associations in court and in regulatory and compliance investigations.
In 2018, McGovern and eight other lawyers in the health care group at Cadwalader, Wickersham & Taft departed to launch a New York-based law practice at Crowell & Moring.[3] While with Crowell, he counseled health care providers and managed care plans on regulatory compliance, internal compliance investigations and responses to government audits and investigations; provided counsel and advocacy on reimbursement issues; and represented providers in administrative proceedings and litigation in state and federal courts. McGovern also counseled provider associations on statutory, regulatory, and other legal developments impacting long-term care providers in New York State. He was the Chair of the Health Law Committee of the Association of the Bar of the City of New York, and a member of the American Health Lawyers Association, the Health Care Compliance Association and the Health Law Section of the New York State Bar Association. He retired from his practice in 2022.
McGovern's representation led to several noteworthy court decisions, including the following:
- Jewish Home and Hospital for Aged v. Wing, U.S. District Court for the Southern District of New York, Case No. 97 Civ. 5393. The Court invalidated a Medicare Part B audit methodology applied by New York State to Jewish Home as a violation of the federal Medicare Act. This decision also invalidated the methodology as it applied to nursing homes throughout the state.[4]
- John E. Andrus Memorial, Inc. v. Daines, U.S. District Court for the Southern District of New York, Case No. 600 F. Supp. 2d 563 (S.D.N.Y. 2009). The Court granted the plaintiff facility a preliminary injunction prohibiting the New York State Department of Health from implementing the recommendation of the New York State Commission on Healthcare Facilities in the 21st Century requiring the Andrus to cease operating as a nursing home or to operate as an assisted living facility.[5]
Legacy
[edit]Chambers and Partners, which ranks attorneys and practice areas using independent interviews of clients and lawyers, recognized McGovern for 13 consecutive years in the specialty of health care between 2010 and 2022 in the Chambers USA 2022 guide.[6]
McGovern received the Sr. Carol Barnes, SC, Servant Leadership Award from the Sisters of Charity of New York on October 29, 2021, recognizing his many years of counsel and representation of Elizabeth Seton Children's, a center located in Yonkers, New York which serves medically complex and technology-dependent children[7].
References
[edit]- ^ Crowell & Moring LLP (December 13, 2023). "Brian McGovern, Retired Partner". crowell.com. Retrieved December 13, 2023.
- ^ Cadwalader, Wickersham & Taft LLP (December 13, 2023). "Cadwalader Promotes Four to Partnership". cadwalader.com. Retrieved December 13, 2023.
- ^ Yahoo!Finance (October 17, 2018). "Cadwalader's Entire Health Care Group Leaves to Join Crowell & Moring". finance.yahoo.com. Retrieved December 13, 2023.
- ^ PlainSite (December 13, 2023). "JEWISH HOME AND HOSP. FOR AGED v. Wing". plainsite.org. Retrieved December 13, 2023.
- ^ Casetext (December 13, 2023). "John E. Andrus Memorial, Inc. v. Daines". casetext.com. Retrieved December 13, 2023.
- ^ Chambers and Partners (March 3, 2023). "Lawyer profile: Brian McGovern USA 2022: Healthcare".
- ^ Elizabeth Seton Children's (October 20, 2021). ""Bella Note" 2021". Facebook.com. Retrieved December 13, 2023.