Alan C. Horowitz

Alan HorowitzAlan C. Horowitz, Esq., is a partner at Arnall Golden Gregory and a member of the IASC Editorial Advisory Board. 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 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.

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.

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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.

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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?

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LTC care quality: The medical directors’ view

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

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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.

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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.

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Is senior care going to pot?

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Personal resident alarms: More protection or more risk?

More personal alarm-based safety devices for aren't always betterfor the residents or the organization. The wrong strategy can make bed and chair alarms a liability instead of a protection.

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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.

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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?

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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.

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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?

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Medical directors: Key to quality care

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.

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Challenging surveys

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.

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OIG slams HHS Office of Civil Rights on HIPAA security oversight

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.

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OIG to CMS: Add hospitalization rates to nursing home quality ratings and surveys

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?

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Medication errors: Prescriptions for safety

Diligent strategies to avoid medication errors can improve resident care and reduce business risk.

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Legal blog: CMS’ revision of sprinkler enforcement

Healthcare attorney Alan C. Horowitz explains the background to the latest revisions to the CMS compliance rules on fire sprinklers in skilled nursing facilities.

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