Alan C. Horowitz

Alan C. Horowitz, Esq., is a partner at Arnall Golden Gregory LLP, where 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. He 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

View From the Trenches: Interview with Dr. Leslie Eber

Leslie Beth Eber, MD, CMD, is the medical director of the Orchard Park Health Care Center in Greenwood Village, Colorado. Read More »

View From the Trenches: Interview with Dr. Zachary Palace, MD, CMD

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 »

View From the Trenches: Interview with Michael Wasserman, MD, CMD

Dr. Wasserman is an ardent proponent of improving the quality of life for our nation’s seniors. Read More »

View From the Trenches: Interview with Keri Jaeger of Mount Evans Home Health Care & Hospice

In its 40 years of operation, Mount Evans has never refused to treat any patient who lacked insurance or the means to pay. Read More »

Significant Provider Victory in Major COVID-19 Case

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 »

View From the Trenches: Interview with Dr. Arif Nazir

Dr. Nazir talks about COVID testing, therapeutics, and keeping spirits high during this challenging time. Read More »

View From the Trenches: Interview with Dr. Karl Steinberg, President-Elect of AMDA

Dr. Steinberg champions the care provided by nursing homes and the value of perspective and kindness. Read More »

Are More Civil Money Penalties the Answer?

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 »

Immediate jeopardy: True or false?

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 »

Social media’s double-edged sword

Social media is ubiquitous, valuable and fun. It can also get long-term care providers into a lot of legal trouble. Read More »

CMS Final Rule: Compliance and ethics programs

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 »

LTC care quality: The medical directors’ view

Medical directors see the whole scope of SNF issues, including every legal and survey-based outcome. Read More »

Re-examining CMS’ 5-star rating system

A new GAO report highlights why experts say the next addition to the Nursing Home Compare five-star ratings should be customer service. Read More »

The CMS final rule: Twist and shout, but we can work it out

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 »

Is senior care going to pot?

As more states pass laws legalizing medical marijuana, how will federal lawmakers react to the new climate? Read More »

Medical marijuana: Hashing out the legal issues

Many states have legalized medical marijuana, but when it comes to Medicare participants, it’s federal law that matters. Read More »

Extreme honesty: Medical errors and full disclosure

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 »

Dealing with disruptive visitors

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 »

Predatory legal advertising: How nursing homes can respond

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 »

A tale of two transfers

Avoiding legal issues with improper resident transfers takes close examination of the reason why transfers are needed and all the right documentation. Read More »

Resident smoking policies

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-tracked by side rails

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 »

Sexual Intimacy and Dementia: Fulfilling a Basic Need or Resident Abuse?

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 »

Nursing home negligence?

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 »

Charting with a jury in mind

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 »

Personal resident alarms: More protection or more risk?

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 »

Social media present challenges for healthcare employers, employees

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 »

CPR: Live or let die?

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 »

Penalty paybacks: Funding projects for free

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 »

Sexuality in SNFs: Balancing resident rights and resident safety

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 »