Alan C. Horowitz, Esq., is Of Counsel at Arnall Golden Gregory and a member of the IASCEditorial Advisory Board. He focuses his legal practice on regulatory compliance for skilled nursing homes, hospices and home health agencies and manages cases where the Centers for Medicare and Medicaid Services (CMS) has imposed an enforcement action.
Alan is a former assistant regional counsel Office of the General Counsel, U.S. Department of Health and Human Services. As counsel to CMS, he was involved with hundreds of enforcement actions and successfully handled appeals before administrative law judges, the HHS Departmental Appeal Board and in federal court. He also has clinical healthcare experience as a registered respiratory therapist and registered nurse. He can be reached at alan.horowitz@agg.com.
Dr. Zachary Palace, MD, CMD is the Medical Director of the Hebrew Home of Riverdale, which has cared for residents for more than 100 years. Read More »
Alan is a partner at Arnall Golden Gregory and a former assistant regional counsel, Office of the General Counsel, U.S. Department of Health and Human Services. Read More »
Life Care Center of Kirkland has achieved a significant legal victory relating to its much-maligned handling of an early COVID-19 outbreak. Read More »
CMS has announced that it has imposed more than $15 million in civil money penalties (CMPs) on more than 3,400 nursing homes during the COVID-19 pandemic. Is this effective? Read More »
An immediate jeopardy deficiency can cost providers dearly in finances and reputation. But what if it’s not true? Legal expert Alan C. Horowitz discusses a recent case where the provider challenged CMS over nearly $1 million in fines—and won. Read More »
SNF compliance and ethics programs aren’t optional anymore, and in some cases, may require additional staff roles. Are your programs survey-ready? Read More »
The long-term/post-acute care industry knew some groundbreaking changes were coming in the final rule from the Centers for Medicare and Medicaid Services, and Long-Term Living’s legal expert Alan C. Horowitz explains what all the fuss is about. Read More »
Mistakes and “near misses” can and will happen. But, how a facility discloses an error can affect everything from the CMS response to the family’s reaction. Read More »
Residents have a right to visitors, but SNFs must maintain safety and the rights of others. Long-Term Living's Legal expert Alan C. Horowitz shares some complicated cases and offers intervention strategies from chief medical directors. Read More »
Legal advertisements that aim to exploit nursing homes often hit way below the belt, and nursing homes have the right to challenge them. Legal expert Alan C. Horowitz, JD, RN, explains what nursing homes can do to fight back against misleading and deceptive legal advertisements. Read More »
Avoiding legal issues with improper resident transfers takes close examination of the reason why transfers are needed and all the right documentation. Read More »
Where there's smoke.... If you allow your residents to light up, don’t get burned by your safety policies. Long-Term Living's legal expert Alan C. Horowitz explains CMS rules on resident smoking and shares strategies for safe smoking policies. Read More »
Side rails may sound like a great safety tool, but unless the use of side rails is properly assessed and documented, their usage can pose great risks to residents and the facility. Read More »
Can a resident with dementia provide true consent for sexual intimacy? Can an intimate relationship, even between spouses, ever be considered abuse? Answer: It depends. Read More »
Negligence has specific legal definitions—and personal injury lawyers love to muddy them. Long-Term Living legal blogger Alan C. Horowitz, RN, JD, explains what nursing homes can do to protect themselves. Read More »
How well does your nursing staff know your facility's protocols on charting? Legal expert Alan C. Horowitz explains why poor documentation can be a risk to both resident care and liability. Read More »
More personal alarm-based safety devices for aren't always better—for the residents or the organization. The wrong strategy can make bed and chair alarms a liability instead of a protection. Read More »
A clear social media policy can help employers and employees meet their legal obligations to one another as well as to residents. See where others have fallen short, and get tips for success in your organization. Read More »
Administering CPR can be a life-saver or a violation of a resident's rights, explains Long-Term Living legal expert Alan C. Horowitz, JD, RN. Does your staff know what to do if an emergency occurs? Read More »