Jane Bello Burke
Practices & Industries
Admissions
- New York
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of New York
Education
Georgetown University, B.S., magna cum laude
American University, Washington College of Law, J.D., cum laude
Jane counsels hospitals, health systems, physician groups, skilled nursing facilities, assisted living facilities, home care agencies and other health care practitioners and providers on a broad range of regulatory, reimbursement, transactional, litigation and compliance matters. She helps providers navigate the complex network of health care laws and regulations so they can focus on what they do best: providing care and services to the individuals they serve.
Jane advises on hospital-physician affiliation and integration issues, including physician recruitment and joint ventures. She is at the forefront of the developing law of telehealth in New York. Jane provides guidance on the Stark Law, the Anti-Kickback Statute and the corporate practice of medicine doctrine. She represents providers in controversies before federal and state agencies, including the Centers for Medicare and Medicaid Services (CMS) and the New York State Department of Health (DOH), and in audits, investigations and appeals involving the New York State Office of the Medicaid Inspector General (OMIG).
Some recent examples of matters handled include:
- assisted a New York State-based academic hospital system client on a variety of reimbursement and compliance issues, including matters before the federal Provider Reimbursement Review Board (PRRB) and OMIG
- counseled a broad array of clients (including a health system, skilled nursing facilities, a school district and physicians) on the rapidly emerging law of telehealth
- advised health care provider clients in federal and state litigation, including Article 78 challenges to governmental authority
- counseled nursing home clients in overturning nursing home immediate jeopardy citations through administrative challenges before the Departmental Appeals Board (DAB) of the U.S. Department of Health and Human Services
- assisted a hospital system with its victorious challenge to the proposed disapproval by the New York Public Health and Health Planning Council (PHHPC) as it related to obtaining a certificate of need to establish an ambulatory surgery center
- provided regular counsel and advice to various health care clients on provider compliance program development and implementation
Jane is the Incoming Chair of the New York State Bar Association (NYSBA) Health Law Section, Chair of the Section's - Long Term Care Committee, Delegate to the NYSBA House of Delegates, and a Member-at-Large to the Sections Caucus of the NYSBA House of Delegates. She began her career as a litigation attorney at Skadden Arps in New York. Jane is also a frequent presenter at conferences and seminars.
Honors
- Listed, Best Lawyers in America (Health Care Law) 2018 - 2024
- Listed, Best Lawyers in America, "Lawyer of the Year" Albany (Health Care Law) 2022
- Listed, Chambers USA: America’s Leading Lawyers for Business, (Healthcare) 2016-2023
Experience
Below are specific examples of some of the work Jane has performed for her clients:
Jane has assisted SNFs in their successful challenges to immediate jeopardy deficiencies relating to compliance with abuse reporting and prevention, accident prevention, infection control, and many other regulatory requirements. In these cases, Jane assists the client in evaluating survey findings, pursuing informal dispute resolution, and filing administrative appeals before the DAB (Departmental Appeals Board). Through these appeals, Jane has succeeded in convincing CMS to reduce the scope and severity of challenged deficiencies below the immediate jeopardy level in numerous cases, which has enabled the SNFs to restore their good names in the communities they serve.
Jane has worked with hospitals, nursing homes, assisted living programs, licensed home care services agencies and other Medicaid providers to challenge OMIG audits. In many cases, these challenges have led to substantial reductions in the amount of the claimed disallowances and, in some cases, the withdrawal of the audits in their entirety.
- Successful Challenge to Immediate Jeopardy Deficiencies for Nursing Home Client
- Another Successful Challenge to Immediate Jeopardy Deficiencies for Skilled Nursing Facility
- Article 78 Proceeding Ensures Client's Enrollment as a Medicaid Provider
- Billing Victory for Health Care Provider
- Effective Advocacy Defeats Placement of Child Care Providers on New York Central Register
- Hodgson Russ Wins CON Approval for Major Health Care System
- Public Nursing Home Restructurings
In the News
- Buffalo Business First, January 29, 2021
- NYSBA, December 8, 2020
- The Saratogian, October 13, 2020
- Times-Union, October 9, 2020
- Albany Business Review, December 6, 2019
- Albany Business Review, June 15, 2018
- Buffalo Law Journal & Business First, December 19, 2016
- June 3, 2016
- Buffalo Law Journal, July 27, 2015
- September 19, 2012
Press Releases
- June 6, 2023
- Hodgson Russ Press Release, August 19, 2022
- Hodgson Russ Press Release, June 2, 2022
- Hodgson Russ Press Release, August 19, 2021
- Hodgson Russ Press Release, June 21, 2021
- Hodgson Russ Press Release, May 26, 2021
- Hodgson Russ Press Release, August 20, 2020
- Hodgson Russ Press Release, April 24, 2020
- Hodgson Russ Press Release, August 20, 2019
- Press Release, May 1, 2019
- Press Release, February 4, 2019
- Press Release, August 15, 2018
- Press Release, May 4, 2018
- Press Release, August 15, 2017
- Press Release, June 12, 2017
Publications
- Hodgson Russ Healthcare Alert , September 7, 2023
- Hodgson Russ Home Care and Healthcare Alert, May 16, 2023
- Hodgson Russ Home Care Alert, December 20, 2022
- Hodgson Russ Home Care Alert, August 19, 2022
- Hodgson Russ Home Care Alert, May 5, 2022
- Hodgson Russ OSHA and Healthcare Alert, March 28, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, January 14, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, January 12, 2022
- Hodgson Russ Healthcare Alert, January 6, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, December 23, 2021
- Hodgson Russ OSHA Alert, November 5, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, November 5, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, November 2, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, October 13, 2021
- Hodgson Russ OSHA Alert, September 10, 2021
- Coronavirus Guidance Update - Healthcare, August 27, 2021
- Hodgson Russ Healthcare Alert, August 25, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, March 25, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, March 11, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, March 10, 2021
- Hodgson Russ Cybersecurity and Privacy Alert, February 26, 2021
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, February 8, 2021
- COVID-19 Litigation and Employment Action Team Alert, January 29, 2021
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, January 21, 2021
- Hodgson Russ Healthcare Alert, January 19, 2021
- Hodgson Russ Healthcare Alert, January 19, 2021
- Hodgson Russ Cybersecurity & Privacy Alert, December 2, 2020
- Hodgson Russ Healthcare Alert, November 11, 2020
- Hodgson Russ Cybersecurity & Privacy Alert , November 11, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, November 4, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, October 15, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, October 12, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, October 1, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, September 15, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, September 10, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 25, 2020
- Hodgson Russ Healthcare and Cybersecurity & Privacy Alert, August 14, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 11, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 7, 2020
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, August 6, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 5, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, July 31, 2020
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, July 28, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, July 14, 2020
- Hodgson Russ Healthcare Alert, June 25, 2020
- Hodgson Russ Business Litigation Alert, June 23, 2020
- Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, June 15, 2020
- Hodgson Russ Business Litigation Alert, May 22, 2020
- Hodgson Russ OSHA and Business Litigation Alert, May 13, 2020
- Hodgson Russ Healthcare Alert, May 11, 2020
- Hodgson Russ Healthcare Alert, May 6, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, April 28, 2020
- Hodgson Russ Healthcare Alert, April 24, 2020
- Hodgson Russ Business Litigation Alert, April 22, 2020
- Hodgson Russ Business Litigation and Securities Regulation & Corporate Compliance Alert, April 22, 2020
- Hodgson Russ Healthcare Alert, April 21, 2020
- Hodgson Russ Business Litigation Alert, April 15, 2020
- Hodgson Russ Healthcare Alert, April 10, 2020
- Hodgson Russ Home Care Alert, April 9, 2020
- Hodgson Russ Business Litigation Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 8, 2020
- Hodgson Russ Healthcare Alert, April 6, 2020
- Hodgson Russ Home Care Alert, April 4, 2020
- Hodgson Russ Healthcare & OSHA Alert, April 2, 2020
- Hodgson Russ Healthcare Alert, March 31, 2020
- Hodgson Russ Healthcare Alert, March 24, 2020
- Hodgson Russ Healthcare Alert, March 20, 2020
- Hodgson Russ Healthcare Alert, March 18, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, March 13, 2020
- Hodgson Russ Healthcare Alert, March 9, 2020
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Cybersecurity & Privacy Alert, April 30, 2019
- Home Care Alert, April 1, 2019
- Hodgson Russ Home Care Alert, March 29, 2019
- Hodgson Russ Home Care Alert, March 26, 2019
- Hodgson Russ Cybersecurity & Privacy Alert, March 20, 2019
- Hodgson Russ Home Care Alert, March 12, 2019
- Hodgson Russ Home Care Alert, March 8, 2019
- Home Care Alert, February 28, 2019
- Home Care Alert, February 19, 2019
- Home Care Alert, January 29, 2019
- Health Law Alert, January 24, 2019
- Home Care Alert, January 23, 2019
- Home Care Alert, January 16, 2019
- Home Care Alert, January 9, 2019
- Home Care Alert, December 26, 2018
- Home Care Alert, December 18, 2018
- Home Care Alert, December 18, 2018
- Cybersecurity & Privacy Alert, December 17, 2018
- Home Care Alert, December 11, 2018
- Home Care Alert, November 5, 2018
- Home Care Alert, October 25, 2018
- Home Care Alert, October 23, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, September 27, 2018
- Home Care Alert, September 26, 2018
- Home Care Alert, September 21, 2018
- Home Care Alert, August 24, 2018
- Home Care Alert, August 8, 2018
- Home Care Alert, August 6, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 19, 2018
- Home Care Alert, July 12, 2018
- Home Care Alert, June 29, 2018
- Home Care Alert, May 31, 2018
- Home Care Alert, May 29, 2018
- Home Care Alert, May 22, 2018
- May 14, 2018
- Home Care Alert, May 14, 2018
- Home Care Alert, May 10, 2018
- January 18, 2018
- Health Care Alert, December 20, 2017
- Home Care Alert, December 19, 2017
- Home Care Alert, December 19, 2017
- Home Care Alert, December 14, 2017
- Home Care Alert, December 13, 2017
- Home Care Alert, November 15, 2017
- Home Care Alert, November 14, 2017
- Home Care Alert, November 3, 2017
- October 27, 2017
- Home Care Alert, August 11, 2017
- Health Alert, November 3, 2015
- Health Alert, July 17, 2015
- Hodgson Russ Newsletter, May 22, 2015
- Labor & Employment Alert, August 26, 2013
- New York State Bar Association Health Law Journal, 2007
- The Use of Pre-Dispute Arbitration Clauses in New York Nursing Home AgreementsHealth Law Journal, a publication of the New York State Bar Association, 2006
Blog Posts
- New York Expands Healthcare Worker Whistleblower Protections The Whistleblower Blog, June 25, 2020
Presentations & Events
- Hodgson Russ, 140 Pearl Street, Buffalo, NY 14202, June 29, 2023
- Mariott Albany, Albany, New York, December 7, 2022
- June 19, 2020
- May 27, 2020
- June 21, 2019
- May 8, 2019
- New York State Health Facilities Association, Telepsychiatry – Past the Tipping PointSeptember 5, 2018
- Greater New York Health Care Facilities Association, The Use of Electronic Medical Records in eDiscoveryUniondale, New York, June 21, 2018
- Saratoga Springs, NY, May 24, 2018
- NY Chapter of the American College of Health Care Administrators 49th Annual Convention: What's in Your EMR?Callicoon, NY, March 12, 2018
- Western New York Healthcare Association: What You Don't Know CAN Hurt YouTonawanda, NY, January 17, 2017
- Foundation for Quality Care's 2016 Quality Improvement Series: The Ins and Outs of Confidentiality and Your Quality DataTroy, NY, June 7, 2016
- Western New York Healthcare Association: Discharge Planning and the Role of Patient Choice in Evolving Models of CareBatavia, NY, May 17, 2016
- Foundation for Quality Care's 2016 Quality Improvement Series: The Ins and Outs of Confidentiality and Your Quality DataElmhurst, NY, March 9, 2016
- Foundation for Quality Care’s 2015 Advanced Administrator Leadership Program: Current Legal Issues Affecting Long Term CareElmhurst, NY, April 28, 2015
- New York State Health Facilities Association District 10: Uncharted Territory: The Future of Assisted Living in the Continuum of Long-Term CareBuffalo, NY, February 11, 2015
- LeadingAge NY, 2014 Annual Social Work Conference & Exposition: Immediate Jeopardy? Now What? Successful Strategies for Protecting Your FacilitiesSaratoga Springs, NY, November 20, 2014
- New York State Health Facilities Association 12th Nurse Leadership Conference: Immediate Jeopardies- Successful Strategies and Practical TipsVerona, NY, April 25, 2014
- County Nursing Facilities of New York Winter Conference: Immediate Jeopardy? Now What? Successful Strategies for Protecting your FacilityAlbany, NY, February 12, 2014
- Healthcare Financial Management Association Region 2: Annual Legal & Compliance Update: Key Federal and State Initiatives Affecting Acute Care and Long-Term Care Providers in New York StateVerona, NY, October 10, 2013
- Westchester/Southern Connecticut WESFACCA: The Sandwich Generation- Taking Care of Your Family & Your ParentsGreenwich, CT, July 10, 2013
- New York State Center for Assisted Living: Targeting the Triple Aim- The Impact of Medicaid Reform on Assisted Living Program Providers in New YorkVerona, NY, June 24, 2013
- Adirondack Health Information Management Association: Legal Issues in the Use of Electronic Health RecordsAlbany, NY, May 23, 2013
- NYSARC, Inc. and Cerebral Palsy Association of New York State: HIPAA HITECH and the Omnibus Final Rule- The Seven Most Important Things You Need to KnowAlbany, NY, May 2, 2013
- New York State Health Facilities Association: Investigations 101- Investigating Allegations of Abuse in Skilled Nursing and Assisted Living FacilitiesTroy, NY, November 14, 2012
- New York State Health Facilities Assocation: Current Legal Issues Affecting New York Nursing HomesElmhurst, NY, October 24, 2012
- New York Coalition of Quality Assisted Living Audio Conference: Updates on a Changing Landscape Management of Federal Agency DisbursementsMarch 28, 2012
- American College of Health Care Administrators: Overpayments and Self-Disclosures- What, When and How of OIG and NYS OMIG Voluntary Self-DisclosuresCallicoon, NY, March 18, 2012
- New York State Health Facilities Association: Surviving and Thriving under the Patient Protection and Affordable Care ActTroy, NY, November 16, 2011
- New York State Center for Assisted Living: Legal Update for Assisted LivingTroy, NY, November 15, 2011
- Zimmet Health Care Services Group, LLC: The Transformation of the U.S. Health Care System- What Role will Long-Term Care Play?Atlantic City, NJ, August 18, 2011
- New York State Association of Homes and Services for the Aging (LeadingAge NY): ALPs- Navigating the Reimbursement TerrainLatham, NY, May 20, 2011
- New York State Health Facilities Association: Health Care ReformTroy, NY, May 4, 2011
- New York State Health Facilities Association: Current Legal IssuesTroy, NY, February 17, 2011
- New York State Health Facilities Association: Year in Review- Significant Developments Affecting New York Nursing Homes in 2010Grand Cayman Island, January 8, 2011
- New York State Association of Homes and Services for the Aging (LeadingAge NY) Audio Conference: Assessing Risk- Getting Ready to Certify the Effectiveness of Your Provider Compliance ProgramDecember 10, 2010
- New York State Health Facilities Association: Troubleshooting an OMIG AuditSaratoga Springs, NY, November 18, 2010
- New York State Health Facilities Association: Surrogate Decision Making Committee Program- A Cost-Free Alternative for Obtaining Informed ConsentFebruary 25, 2010
- The Foundation for Quality Care, Inc.: Legal Issues in Nursing Home AdministrationTroy, NY, February 12, 2010
- American Health Lawyers Association: OMIG in New York- On Target or Wide of the MarkMiami, FL, February 10, 2010
- New York State Health Facilities Association: Significant Developments Affecting Long-Term Care and Assisted LivingSt. Thomas, VI, January 11, 2010
- New York Coalition for Quality Assisted Living: What Do You Want Me To Do!?! Hot Topics and Emerging Issues for Adult Care and Assisted Living ProvidersAtlantic City, NJ, December 7, 2009
- New York State Health Facilities Association Audio Conference: I Have a Compliance Program...Now What Do I Do Next?November 5, 2009
- The Foundation for Quality Care, Inc.: Legal Issues in Nursing Home AdministrationFebruary 12, 2009
- New York State Health Facilities Association: Legal and Regulatory Update- What are the Payment Police Up to Now?Cancun, Mexico, January 12, 2009
- New York Coalition for Quality Assisted Living- Reengineering the Continuum of CareVerona, NY, November 10, 2008
- New York Coalition for Quality Assisted Living: The New ALR Regulations- New Opportunities and Challenges for Assisted Living in New YorkElmhurst, NY, May 15, 2008
- American Health Lawyers Association: Assisted Living Update 2008New Orleans, LA, February 26, 2008
- New York State Coalition on Quality Assisted Living: Assisted Living in New York- Where Have We Been and Where Are We Going?San Juan, PR, January 16, 2008
- New York State Health Facilities Association: CMS Round-UpSan Juan, PR, January 15, 2008
- New York State Health Facilities Association District 10: Corporate Compliance and the Focus on Quality in Long-Term CareBuffalo, NY, October 25, 2007
- New York State Health Facilities Assocation 58th Convention: Corporate Compliance in the 21st CenturySaratoga, NY, June 26, 2007
- New York State Health Facilities Assocation: Corporate Compliance- What is It and Why Do We Need It?St. Thomas, V.I., January 8, 2007
- New York Coalition for Quality Assisted Living: Legal Developments Affecting Adult Homes in New YorkElmhurst, NY, November 15, 2006
- American College of Healthcare Administrators: Legal Challenges Facing Long-Term Care AdministratorsEllenville, NY, April 30, 2006
- American Health Lawyers Association: The Enforceability of Arbitration Agreements in Long-Term CareDallas, TX, February 16-17, 2006
- The Foundation for Quality Care, Inc.: Legal Issues in Nursing Home AdministrationAlbany, NY, February 9, 2006
- Hudson Valley Adult Home Workgroup: What About Our Rights?!? Adult Homes: Legal and Regulatory StrategiesFishkill, NY, June 14, 2005
- Empire State Association of Adult Homes Annual Conference: Update on Current Inspection and Litigation Issues in the Adult Home IndustryVerona, NY, May 18, 2005
- New York State Health Facilities Association 2nd Annual Social Services Conference: Guardianships and Other Competency Issues- A Practical ApproachApril 7, 2005
- New York State Health Facilities Association Mid-Winter Conference: Survey of Important Court Decisions Affecting Long-Term Care During 2004Cancun, Mexico, January 14, 2005
- Residential Care Initiatives Seminar: What About Our Rights?!? Legal and Regulatory StrategiesForest Hills, NY, December 9, 2004
- Lorman Education Services: State Laws and HIPAA Standards in New YorkAlbany, NY, November 18, 2004
- New York State Health Facilities Assocation: An Ounce of Prevention is Worth a Pound of Cure- Corporate Compliance and the Avoidance/Correction of Immediate Jeopardy Citiations in Skilled Nursing Facility Survey ProcessEast Elmhurst, NY, November 3-4, 2004
- Residential Care Initiatives Seminar: What About Our Rights?!? Legal and Regulatory StrategiesGreat River, NY, October 26, 2004
- New York State Health Facilities Assocation Annual Conference: The Insurance Crisis Facing Long Term Care ProvidersBolton Landing, NY, June 27, 2004
- Empire State Association of Adult Homes Annual Conference: Litigation Update- Adult Care FacilitiesAlbany, NY, May 19, 2004
- New York State Health Facilities Assocation 1st Annual Social Services Conference: Decision Making with Advance DirectivesSaratoga Springs, NY, March 4, 2004
Professional Associations
- American Health Lawyers Association
- Incoming Chair, Health Law Section: New York State Bar Association
- Chair, Long-Term Care Committee, Health Law Section: New York State Bar Association
- Delegate to the New York State Bar Association House of Delegates
- Member-at-Large, Sections Caucus: New York State Bar Association House of Delegates