Jane Bello Burke is a partner at Hodgson Russ. She represents hospitals, health systems, physician groups, skilled nursing facilities, assisted living facilities, home care agencies, and other healthcare providers in regulatory, reimbursement, litigation, and compliance matters.
Her practice focuses on healthcare litigation and regulatory enforcement matters, representing providers facing allegations that may threaten their operations, reimbursement, program participation, and reputations. Jane frequently assists clients in responding to survey findings giving rise to immediate jeopardy determinations and enforcement remedies, such as civil money penalties, potential Medicare payment denials, and government program terminations. She routinely guides providers through immediate response strategies and assists them in addressing the longer-term legal, financial, and reputational consequences of enforcement actions.
Jane also represents healthcare providers in audits and reimbursement disputes, including matters involving statistical sampling and extrapolation. She analyzes audit methodologies and findings, reviews medical and billing records, and works through administrative and appellate processes to challenge or reduce recoupment demands. In addition, she represents and advises providers in matters involving whistleblower allegations, coordinating factual development and legal strategy to mitigate exposure and disruption.
Across these matters, she helps clients navigate complex regulatory processes to address deficiencies, preserve cash flow, protect licenses and reputations, and maintain operational stability so they can focus on what they do best: providing care and services to the individuals they serve.
Increasingly, artificial intelligence is playing a growing role in healthcare operations, including clinical documentation, claims processing, and government audit and enforcement activity. As these tools become more prevalent, they present new regulatory, compliance, and risk management considerations. Jane advises healthcare providers and presents to professional groups on the legal implications of artificial intelligence in healthcare and is the author of an article on this subject published in the New York State Bar Association Health Law Journal.
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
Representative Work
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.
Recognitions
- Listed, Best Lawyers in America (Health Care Law) 2018 - 2026
- Listed, Chambers USA: America’s Leading Lawyers for Business, (Healthcare) 2016-2025
- Listed, Best Lawyers in America, "Lawyer of the Year" Albany (Health Care Law) 2022
News & Insights
Professional
- American Health Lawyers Association
- Executive Committee, New York State Bar Association
- Delegate to the New York State Bar Association House of Delegates
- Chair, Health Law Section, Long-Term Care Committee, New York State Bar Association
- Past Chair, Health Law Section: New York State Bar Association
