About Me
Alan C. Horowitz is an innovative healthcare lawyer dedicated to helping providers such as skilled nursing facilities, hospices, and home health agencies navigate the most complex regulatory challenges. Known for his deep understanding of both clinical issues and law, Alan’s career bridges the worlds of clinical care, government regulation, and legal advocacy.
Before entering law, Alan served as a registered nurse and registered respiratory therapist, even forming the first neonatal respiratory care team at Hahnemann University Medical Center (“Hahnemann”) in Philadelphia. He also served as adjunct facility at Hahnemann and was promoted to management positions at major medical centers, including Hahnemann and the Hospital of the University of Pennsylvania. His hands-on clinical, teaching, and management experience continues to inform his legal practice today, affording him the ability to view an issue from multiple perspectives.
Alan spent over a decade as Assistant Regional Counsel with the U.S. Department of Health and Human Services’ Office of the General Counsel, representing CMS in regulatory matters and enforcement actions. Apart from litigating cases on behalf of CMS, At CMS’ request (as well as State survey agencies) Alan was responsible for teaching surveyors from throughout the country the Legal Principles of Documentation for the CMS Surveyor Minimum Qualification Test (SMQT). CMS requires all prospective surveyors to pass the SMQT test prior to being a surveyor. Instructing surveyors regarding how to write legally sufficient deficiencies provided Alan with unique insight into how surveyors and regulators should operate — and how to challenge them effectively when appropriate.
Since moving into private practice, Alan has successfully defended facilities against CMS sanctions, including avoiding terminations from Medicare, negotiating the return of substantial civil money penalties, and representing SNFs before Administrative Law Judges of the HHS Departmental Appeals Board as well as in federal court, including putting the brakes on a termination from Medicare when he obtained a Temporary Restraining Order (TRO) on behalf of a SNF.
Because of his extensive experience representing both CMS and also healthcare providers, Alan has served as an expert witness in a major case (EEOC v. Elderwood at Burlington) in federal court where he provided expert testimony regarding the regulations that govern skilled nursing facilities. Alan has also filed an amicus curiae brief before the Second Circuit Court of Appeals on behalf of the PALTMed, Post-Acute and Long-Term Care Medical Association formerly known as AMDA, in a case challenging a CMS regulation that permits certain survey teams to not have a registered nurse, as required.
Alan is clear about his mission:
“One of my highest goals is assisting healthcare providers to enable them to provide optimum quality healthcare without interruption.”
Alan has spent a lifetime dedicated to improving the quality of care patients/residents receive. He has held senior-level positions at major non-profits dedicated to improving the quality of care globally (e.g., the Institute for Safe Medication Practices, ECRI Institute) as well as his work as a registered nurse and respiratory therapist, which involved clinical, faculty and management positions. Alan became a lawyer solely to practice health law and make a difference in the quality of care patients/residents receive.
One of many ways he accomplishes this is by challenging CMS when its allegations of noncompliance are not sustainable. Additionally, he often provides proactive risk management advice through consultations, in-person presentations, webinars and podcasts as well as relevant articles and chapters in medical textbooks. He believes every provider deserves an advocate who understands both the clinical realities of long-term care and the legal complexities of Medicare's requirements.
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Best Lawyers in America®, Health Care Law 2015–2026
Alan has been named one of the Best Lawyers in America® in Health Care Law every year since 2015, one of the most respected distinctions in the legal profession.
Grace W. Harrison Award, Eastern Pennsylvania Geriatrics Society, 2021
for Distinguished Service in the Field of Long Term Care.
Superior Achievement Award, U.S. Department of Health & Human Services, Office of the General Counsel, 2012
Designated “Special Attorney” pursuant to 28 U.S.C. § 515, U.S. Department of Justice for Appeals in the U.S. Court of Appeals for the Third Circuit, 2009-2012
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Supreme Court of the United States
Supreme Court of Pennsylvania
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States District Court for the Western District of Pennsylvania
United States District Court for the Middle District of Florida
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Alan also served in leadership roles within the American Health Law Association and the Post-Acute and Long-Term Care Medical Association (PALTmed), formerly known as the American Medical Directors Association. Alan also serves on the Board of Directors for Mount Evans Home Health Care & Hospice, a nonprofit home health and hospice organization. He also serves on the Public Policy Committee of the Colorado Medical Directors Association, the Ethics Subcommittee at PALTmed as well as on the board of the Pikes Peak Ethics Committee.
Alan’s work has been recognized nationally, including:
Work with Alan
If your facility is facing CMS enforcement, Alan is ready to help.