Jane Bello Burke

Jane is the firm's Administrative, Regulatory, and Municipal Litigation Practice Group Leader, and 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 a member of the Executive Committee of the New York State Bar Association (NYSBA), past Chair of NYSBA’s Health Law Section, Chair of the Health Law Section’s Long-Term Care Committee, and a Delegate to the NYSBA House of Delegates. She began her career as a litigation attorney at Skadden Arps in New York. Jane is a frequent presenter at conferences and seminars.

Services

Education

Georgetown University, B.S., magna cum laude

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

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