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Industry Groups

  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of New York

B.S., magna cum laude, Georgetown University

J.D., cum laude, American University, Washington College of Law

Jane helps health care 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 represents hospitals, nursing homes, assisted living facilities, home care agencies, social services agencies, and other practitioners and providers in regulatory, reimbursement and compliance issues. She guides providers through matters involving overlapping agencies, including the Centers for Medicare and Medicaid Services (CMS), New York State Department of Health (DOH) and New York State Office of the Medicaid Inspector General (OMIG). She represents providers in Medicaid audits, investigations and appeals and counsels them in the implementation of effective compliance programs. A seasoned litigator, she represents providers in federal and state litigation, including Article 78 challenges to governmental authority and administrative hearings before the Health and Human Services Departmental Appeals Board (DAB) and Provider Reimbursement Review Board (PRRB). Jane also advises health care providers on legal aspects of innovative business arrangements, including the implementation of telehealth programs.

Jane is a frequent presenter at conferences and seminars throughout the United States. She began her career as a litigation attorney at Skadden Arps in New York. Jane is the chair of the Long-Term Care Committee of the New York State Bar Association’s Health Law Section, and she is recognized as a leading health care attorney in Chambers USA: America's Leading Lawyers for Business and Best Lawyers in America.

 

Honors

  • Listed, Best Lawyers in America (Health Care Law) 2018, 2019
  • Chambers USA: America’s Leading Lawyers for Business, 2016-2018

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.

Presentations

  • New York State Health Facilities Association, Telepsychiatry – Past the Tipping Point
    September 5, 2018
  • Greater New York Health Care Facilities Association, The Use of Electronic Medical Records in eDiscovery
    Uniondale, New York, June 21, 2018
  • LeadingAge NY: The Role of Telehealth in the Delivery of Long Term Care
    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 You
    Tonawanda, NY, January 17, 2017
  • Foundation for Quality Care's 2016 Quality Improvement Series: The Ins and Outs of Confidentiality and Your Quality Data
    Troy, NY, June 7, 2016
  • Western New York Healthcare Association: Discharge Planning and the Role of Patient Choice in Evolving Models of Care
    Batavia, NY, May 17, 2016
  • Foundation for Quality Care's 2016 Quality Improvement Series: The Ins and Outs of Confidentiality and Your Quality Data
    Elmhurst, NY, March 9, 2016
  • Foundation for Quality Care’s 2015 Advanced Administrator Leadership Program: Current Legal Issues Affecting Long Term Care
    Elmhurst, 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 Care
    Buffalo, NY, February 11, 2015
  • LeadingAge NY, 2014 Annual Social Work Conference & Exposition: Immediate Jeopardy? Now What? Successful Strategies for Protecting Your Facilities
    Saratoga Springs, NY, November 20, 2014
  • New York State Health Facilities Association 12th Nurse Leadership Conference: Immediate Jeopardies- Successful Strategies and Practical Tips
    Verona, NY, April 25, 2014
  • County Nursing Facilities of New York Winter Conference: Immediate Jeopardy? Now What? Successful Strategies for Protecting your Facility
    Albany, 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 State
    Verona, NY, October 10, 2013
  • Westchester/Southern Connecticut WESFACCA: The Sandwich Generation- Taking Care of Your Family & Your Parents
    Greenwich, 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 York
    Verona, NY, June 24, 2013
  • Adirondack Health Information Management Association: Legal Issues in the Use of Electronic Health Records
    Albany, 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 Know
    Albany, NY, May 2, 2013
  • New York State Health Facilities Association: Investigations 101- Investigating Allegations of Abuse in Skilled Nursing and Assisted Living Facilities
    Troy, NY, November 14, 2012
  • New York State Health Facilities Assocation: Current Legal Issues Affecting New York Nursing Homes
    Elmhurst, NY, October 24, 2012
  • New York Coalition of Quality Assisted Living Audio Conference: Updates on a Changing Landscape Management of Federal Agency Disbursements
    March 28, 2012
  • American College of Health Care Administrators: Overpayments and Self-Disclosures- What, When and How of OIG and NYS OMIG Voluntary Self-Disclosures
    Callicoon, NY, March 18, 2012
  • New York State Health Facilities Association: Surviving and Thriving under the Patient Protection and Affordable Care Act
    Troy, NY, November 16, 2011
  • New York State Center for Assisted Living: Legal Update for Assisted Living
    Troy, 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 Terrain
    Latham, NY, May 20, 2011
  • New York State Health Facilities Association: Health Care Reform
    Troy, NY, May 4, 2011
  • New York State Health Facilities Association: Current Legal Issues
    Troy, NY, February 17, 2011
  • New York State Health Facilities Association: Year in Review- Significant Developments Affecting New York Nursing Homes in 2010
    Grand 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 Program
    December 10, 2010
  • New York State Health Facilities Association: Troubleshooting an OMIG Audit
    Saratoga Springs, NY, November 18, 2010
  • New York State Health Facilities Association: Surrogate Decision Making Committee Program- A Cost-Free Alternative for Obtaining Informed Consent
    February 25, 2010
  • The Foundation for Quality Care, Inc.: Legal Issues in Nursing Home Administration
    Troy, NY, February 12, 2010
  • American Health Lawyers Association: OMIG in New York- On Target or Wide of the Mark
    Miami, FL, February 10, 2010
  • New York State Health Facilities Association: Significant Developments Affecting Long-Term Care and Assisted Living
    St. 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 Providers
    Atlantic 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 Administration
    February 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 Care
    Verona, NY, November 10, 2008
  • New York Coalition for Quality Assisted Living: The New ALR Regulations- New Opportunities and Challenges for Assisted Living in New York
    Elmhurst, NY, May 15, 2008
  • American Health Lawyers Association: Assisted Living Update 2008
    New 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-Up
    San Juan, PR, January 15, 2008
  • New York State Health Facilities Association District 10: Corporate Compliance and the Focus on Quality in Long-Term Care
    Buffalo, NY, October 25, 2007
  • New York State Health Facilities Assocation 58th Convention: Corporate Compliance in the 21st Century
    Saratoga, 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 York
    Elmhurst, NY, November 15, 2006
  • American College of Healthcare Administrators: Legal Challenges Facing Long-Term Care Administrators
    Ellenville, NY, April 30, 2006
  • American Health Lawyers Association: The Enforceability of Arbitration Agreements in Long-Term Care
    Dallas, TX, February 16-17, 2006
  • The Foundation for Quality Care, Inc.: Legal Issues in Nursing Home Administration
    Albany, NY, February 9, 2006
  • Hudson Valley Adult Home Workgroup: What About Our Rights?!? Adult Homes: Legal and Regulatory Strategies
    Fishkill, NY, June 14, 2005
  • Empire State Association of Adult Homes Annual Conference: Update on Current Inspection and Litigation Issues in the Adult Home Industry
    Verona, NY, May 18, 2005
  • New York State Health Facilities Association 2nd Annual Social Services Conference: Guardianships and Other Competency Issues- A Practical Approach
    April 7, 2005
  • New York State Health Facilities Association Mid-Winter Conference: Survey of Important Court Decisions Affecting Long-Term Care During 2004
    Cancun, Mexico, January 14, 2005
  • Residential Care Initiatives Seminar: What About Our Rights?!? Legal and Regulatory Strategies
    Forest Hills, NY, December 9, 2004
  • Lorman Education Services: State Laws and HIPAA Standards in New York
    Albany, 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 Process
    East Elmhurst, NY, November 3-4, 2004
  • Residential Care Initiatives Seminar: What About Our Rights?!? Legal and Regulatory Strategies
    Great River, NY, October 26, 2004
  • New York State Health Facilities Assocation Annual Conference: The Insurance Crisis Facing Long Term Care Providers
    Bolton Landing, NY, June 27, 2004
  • Empire State Association of Adult Homes Annual Conference: Litigation Update- Adult Care Facilities
    Albany, NY, May 19, 2004
  • New York State Health Facilities Assocation 1st Annual Social Services Conference: Decision Making with Advance Directives
    Saratoga Springs, NY, March 4, 2004

Publications

Professional Associations

  • American Health Lawyers Association
  • New York State Bar Association
    Chair, Long-Term Care Committee of the New York State Bar Association Health Law Section