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.
The Centers for Medicare & Medicaid Services is cracking down on unused money collected from civil money penalties. Long-Term Living legal expert Alan C. Horowitz explains how your facility can get its next worthy project paid for by the fund. Read More »
Sex in a nursing home? Yes--and as long as both parties are able to choose, it's their right. But, is your staff properly trained to handle other situations that could arise, especially with residents who may have cognition deficiencies? Read More »
A nursing home's medical director bears the greatest ultimate responsibility for ensuring that residents receive quality care. Find out what is required of facilities when it comes to this position. Read More »
Deficiencies and enforcement actions don't always have to be accepted without a challenge. Long-Term Living's legal expert, Alan Horowitz, explains the steps to appealing state survey deficiency reports. Read More »
The Health and Human Services' Office of Civil Rights gets a stern dressing down from the OIG for failure to provide proper oversight on HIPAA security issues. Read More »
The Office of Inspector General wants hospitalization rates to be added to CMS's nursing home quality rankings. But will the numbers tell the real story or just muddy the waters? Read More »
Healthcare attorney Alan C. Horowitz explains the background to the latest revisions to the CMS compliance rules on fire sprinklers in skilled nursing facilities. Read More »
Were the residents' eggs served runny or undercooked? Ambiguity in language convinces an Appeals Court to reverse a noncompliance ruling in a recent case where CMS had accused a nursing home of poor food preparation. Read More »
On August 13, 2008, CMS published a final rule requiring all long-term care facilities to have automatic sprinkler systems installed throughout the facility. The deadline for compliance with the new regulatory requirement is August 13, 2013. On February 7, CMS issued a proposed rule that would extend the August 13, 2013 deadline. Read More »
The use of psychotropic drugs in long-term care is a significant issue that every facility deals with. This article examines a highly unusual case and also suggests what nursing facilities can expect from government regulators. Read More »
Skilled nursing facilities should carefully consider what constitutes legitimate quality assurance or otherwise privileged documents and how best to protect those documents. Read More »