Publications & Presentations
Alan C. Horowitz has written extensively on the regulatory, legal, and ethical issues facing skilled nursing facilities, hospices, and home health agencies. His articles and book chapters are frequently cited and widely read by healthcare leaders, attorneys, and policymakers.
Below is a list of cases and issues I've written about over the years. If any of these challenges sound familiar or have relevance to what your facility is facing, contact me today — I can help you navigate them.
Articles
Alan's published articles highlight his depth of expertise while offering practical guidance to health care and long-term care providers. These works serve both as resources for navigating complex issues and as a testament to his recognized thought leadership in the field. Explore the articles below to gain insights from Alan's perspective and see how his expertise shapes the conversation in health care and long-term care law.
Managing Pain: Legal and Ethical Considerations
Legal Issues: Caring for the Ages
A legal and ethical exploration of pain management practices, highlighting the complex regulatory risks clinicians face when prescribing opioids in post-acute and long-term care settings.
Whose Life Is It Anyway? Medical Aid in Dying and Its Legal, Medical, and Ethical Conundrums
Legal Issues: Caring for the Ages
An overview of Medical Aid in Dying from a legal and ethical perspective, highlighting key legislation, court cases, and the debate over physician participation.
Sex and Dementia in the Nursing Home: Balancing Resident Rights with Resident Safety
Legal Issues: Caring for the Ages
A legal and ethical review of sexual consent in dementia patients, focusing on balancing resident rights with safety in nursing homes.
The Long and Winding Road: Life Care Center – Kirkland’s Journey for Justice
Legal Issues: Caring for the Ages
Life Care Center–Kirkland challenged COVID-19 penalties in court, exposing flaws in enforcement and survey processes. The article explores key legal rulings on regulatory compliance during the outbreak.
Featured Publications
Our most comprehensive and widely-cited publications that have shaped healthcare law practice and regulatory compliance strategies.
Legal Aspects of Geriatric Medicine
Chapter in Geriatric Medicine: A Person-Centered Evidence Based Approach, Editors, Michael Wasserman, Debra Bakerjian, et al., Fifth Edition, 2023
Justice Delayed is Justice Denied - Especially in Skilled Nursing
McKnight's Long-Term Care News, August 9, 2022
What Happens When a 'Complaint Survey' Isn't Really a 'Survey'?
American Health Lawyers Association, January 29, 2025
Provider Appeals
Chapter in Post-Acute Care Handbook: Regulatory, Risk and Compliance Issues (Co-Author/Co-Editor, American Health Lawyers Association, 2014)
Sex and Dementia in the Nursing Home: Balancing Resident Rights with Resident Safety
Caring for the Ages, September 2023
Surveys, Enforcement, Actions, and Appeals: Managing the Long-Term Care Facility
Chapters: "Surveys, Enforcement Actions, and Appeals: Managing the Long-Term Care Facility: Practical Approaches to Providing Quality Care," and "Quality Assurance and Performance Improvement (QAPI) and Quality Assessment and Assurance (QAA)," 2nd Ed., Rebecca M. Perley, Editor
Whose Life Is It Anyway? Medical Aid in Dying (MAID) and Its Legal, Medical, and Ethical Conundrums
Caring for the Ages, June 2023
Publication Archive
Browse our comprehensive archive of publications organized by year, covering decades of healthcare law expertise and regulatory insights.
“Nursing Homes Settle Allegations with DOJ for $3.61 Million: Proactive Steps to Avoid Trouble,” I Advance Senior Care, October 10, 2025.
"Don't get caught red-handed," McKnight's Long-Term Care News, August 29, 2025
"When Is a Survey Not a Survey?," Caring for the Ages, January, 2025
"What Happens When a 'Complaint Survey' Isn't Really a 'Survey'" – AHLA, co-author W. Jerad Rissler, January 29, 2025
"How Will Loper Bright and the Overturning of the Chevron Deference Affect Health Care Regulations?" – Caring for the Ages, October 2024
"CPR: To Resuscitate or Not to Resuscitate" – Caring for the Ages, May 2024
"Fall Prevention and Liability in Skilled Nursing Facilities" – Caring for the Ages, March 2024
"Feds Blunt Georgia's New Law Regarding Medical Cannabis" – Arnall Golden Gregory LLP, January 10, 2024
"Sex and Dementia in the Nursing Home: Balancing Resident Rights with Resident Safety" – Caring for the Ages, September 2023
"Whose Life Is It Anyway? Medical Aid in Dying (MAID) and Its Legal, Medical, and Ethical Conundrums" – Caring for the Ages, June 2023
"Supreme Court Levels the Playing Field for SNFs" – McKnight's Long-Term Care News, May 1, 2023
"Federal Court Upholds CMS Final Rule: Not All Surveys Need a Registered Nurse" – AGG, April 12, 2023
"Managing Pain: Legal and Ethical Considerations" – Caring for the Ages, March 2023
Chapter: Legal Aspects of Geriatric Medicine in Geriatric Medicine: A Person-Centered Evidence-Based Approach, 2023
"CMS Changes Policy Regarding Reporting of Challenged Deficiencies" – AGG, February 8, 2023
"CMS Posts Alleged Deficiencies on Nursing Home Care Compare" – McKnight's Long-Term Care News, January 25, 2023
"Justice Delayed Is Justice Denied — Especially in Skilled Nursing" – McKnight's Long-Term Care News, August 9, 2022
"Medication Errors and Homicide: When Law and Medicine Collide" – Caring for the Ages, June 2022
"Arbitration Agreements: Are They Enforceable?" – Caring for the Ages, May 2022
"The Long and Winding Road: Life Care Center – Kirkland's Journey for Justice" – Caring for the Ages, March 2022
"Judge Splits the Baby in Landmark COVID-19 Case" – AGG, November 16, 2021
"California to Require Certification for Nursing Home Medical Directors" – AGG, October 12, 2021
"Upgrading the Nursing Home Survey Process: Continuing the Dialogue"- co-authors: Arif Nazir, MD, CMD; Karl Steinberg, MD, CMD, HMDC; Michael Wasserman, MD et. al., Journal of the American Medical Association, May 2021
"You Can't Always Get What You Want: Appealing CMS Enforcement Actions" – Caring for the Ages, April 2021
Reforming the Survey Process: An Interview with Alan C. Horowitz, I Advance Senior Care, February 25, 2021
JAMDA: "Time for an Upgrade in the Nursing Home Survey Process" (co-author), December 2020
"Significant Provider Victory in Major COVID-19 Case" – I Advance Senior Care, September 28, 2020
"View From the Trenches: Interview With Dr. Karl Steinberg" – I Advance Senior Care, September 8, 2020
"Are More Civil Money Penalties the Answer?" I Advance Senior Care, August 21, 2020
"Are Your Quality Assessment and Assurance Documents Safe from Prying Eyes?" – Caring for the Ages, June 2020
"Of Carrots and Sticks: CMS Seeks Change in Nursing Homes" – AGG, June 16, 2020
"CMS Is About to Change Nursing Facilities' Reporting Requirements Regarding COVID-19" – AGG, April 27, 2020
"Medical Directors, Surveys and the Law" – Caring for the Ages, April 2020
"QAA and QAPI: Are They Protected?" – California Association of Long-Term Care Medicine, April 16, 2020
"Nursing Home Visitation in the Age of COVID-19" – AGG, April 6, 2020
"Landmark Marijuana Legislation Moves Through Congress" – AGG, December 4, 2019
"CMS Proposes to Make the IDR and IIDR Processes More Fair" – AGG, July 24, 2019
"CMS Launches Program for Funding Resident Safety and Quality" – AGG, December 4, 2018
"Nursing Home Sued for Refusing to Hire Medical Marijuana User" – AGG, October 8, 2018
"How Honesty Pays in Long-Term Care" – McKnight's Long-Term Care News, August 22, 2018
"Attorneys General Seek Greater Punishment for Nursing Homes: A Counterproductive Approach?" – McKnight's Long-Term Care News, June 27, 2018
"Death With Dignity: Dying to Die" – McKnight's Long-Term Care News, February 21, 2018
"CMS Changes Policy Regarding Enforcement Actions" – AGG, November 7, 2017
"Re-examining CMS' 5-Star System" – Long-Term Living, Winter 2017
"Immediate Jeopardy: True or False?" – I Advance Senior Care, October 2017
"Is Medical Marijuana Right for You or Your Loved One?" – Caring for the Ages, August 2017
"Social Media's Double-Edged Sword" – I Advance Senior Care, July 2017
"CMS Final Rule: Compliance and Ethics Programs" – I Advance Senior Care, May 2017
"LTC Care Quality: The Medical Director's View" – I Advance Senior Care, Spring 2017
"Expansion of Medical Cannabis Bill to Impact Senior Housing Communities" – AGG, April 12, 2017
"Long-Term Care Facilities Subject to New Medicare Requirements" – AGG, March 28, 2017
"LTC Care Quality: The Medical Directors' View" – I Advance Senior Care, March 2017
"Re-examining CMS' 5-Star Rating System" – I Advance Senior Care, February 2017
"The CMS Final Rule" – I Advance Senior Care, Nov/Dec 2016
"Changing Liver Transplant Parameters" – AGG, October 25, 2016
"Is Senior Care Going to Pot?" - I Advance Senior Care, October 7, 2016
"Medicare Providers – Beware! CMPs are Increasing" – AGG, September 27, 2016
"Ninth Circuit Uproots DOJ Prosecution of Medical Marijuana Cases" – AGG, August 29, 2016
"Medical Marijuana: Hashing Out the Legal Issues" – Long-Term Living, July 29, 2016
"Extreme Honesty: Medical Errors and Full Disclosure" – Long-Term Living, June 2016
"Dealing With Disruptive Visitors" – Long-Term Living, May/June 2016
"District Court Deals Blow to DOJ in False Claims Act Case" – AGG, April 5, 2016
"Predatory Legal Advertising: How Nursing Homes Can Respond" – Long-Term Living, Feb 2016
"Resident Smoking Policies" – Long-Term Living, Nov/Dec 2015
"A Tale of Two Transfers" – Long-Term Living, November 2015
"Summary of CMS Proposed Rule for Discharge Planning Requirements" – AGG, Nov 16, 2015
"Court Rules that Medicare and Medicaid Payments to Nursing Home Must Continue Pending Jurisdictional Dispute" – AGG, Nov 9, 2015
"Side-Tracked by Side Rails" – Long-Term Living, Sep/Oct 2015
"Avoiding Legal Liability from Prescribing Antipsychotics" – Caring for the Ages, July 2015
"Sexual Intimacy and Dementia" – Long-Term Living, June 2015
"Nursing Home Negligence?" – Long-Term Living, May/June 2015
"Charting With a Jury in Mind" – I Advance Senior Care, Jan 2015
"Personal Resident Alarms: More Protection or More Risk?" – Long-Term Living, Dec 2014
"Social Media Present Challenges for Healthcare Employers" – I Advance Senior Care, Aug 2014
"CPR: Live or Let Die?" – I Advance Senior Care, July 2014
"Penalty Paybacks: Funding Projects for Free" – I Advance Senior Care, May 2014
"Medical Directors: Key to Quality Care" – Long-Term Living, April 2014
"Sexuality in SNFs: Balancing Resident Rights and Safety" – I Advance Senior Care, April 2014
"Challenging Surveys" – Long-Term Living, March 2014
"Prescription for Safety" – Long-Term Living, Jan/Feb 2014
Chapter: Provider Appeals – American Health Law Association, Post-Acute Care Handbook: Regulatory, Risk and Compliance Issues (2014 edition)
"Misuse of Medications is Abuse" – Long-Term Living, April 2013
"Old Wine, New Bottles: Increased Scrutiny for Antipsychotic Drug Use" – McKnight's Long Term Care News, Feb 22, 2013
Presentations
Alan regularly presents at industry conferences, seminars, and professional events, sharing expertise on current healthcare law developments.
“Medical Marijuana in PALTC: What Colorado Providers Should Know,” panel member, co-presenters, Dr. Danielle Fizen, Dr. David Shepherd and Allison Villegas, PA-C,Colorado Medical Directors Association, April 25, 2025
“An Update on Medical Aid in Dying,” co-presenters, Dr. Karl Steinberg, MD, CMD, HMDC, HEC-C, and, Dr. Peter Jaggaard, MD, CMD, FACP, March 12-15, 2025
“Chevron, Kisor, Loper Bright Jarkesy (and Avon) – What Long Term Care Practitioners Need to Know About Recent Supreme Court Administrative Law Decisions,” American Health Law Association, co-presenters: Joseph Bianculli, Tara Clayton, Drew Graham, February 3, 2025
“Sexuality and Dementia in Post-Acute and Long-Term Care,” co-presenter, Jennifer L. Hilliard, Esq., LeadingAge Southeast, July 16, 2024
“Medical Aid in Dying (MAID): Medical, Legal & Ethical Issues,” Ohio Medical Directors Association, May 30, 2024”
“Sexuality and Dementia: Balancing Resident Rights & Resident Abuse,” American Bar Association, Webinar, March 19, 2024
“An Overview of the Current Landscape of Cannabis Use in PALTC,” American Medical Directors Association Annual Conference, March 9, 2024
“Anatomy of a CMS Enforcement Action,” American Medical Directors Association Annual Conference, March 10, 2024
“Respecting Patient Autonomy: Legal and Medical Aspects of End-of-Life Care,” American Health Law Association (AHLA), Long Term and Post-Acute Law and Compliance annual conference, February 27-28, 2024
“Medical Aid in Dying (MAID): Patient Autonomy and the Law,” El Paso County LTC Ethics Committee, January 5, 2024
“Medical Aid in Dying (MAID): Medical, Legal & Ethical Issues,” Colorado Medical Directors Association, December 5, 2023
“Sexuality and Dementia: Distinguishing Acceptable Behavior from Abuse,” Ohio Medical Directors Association, October 19, 2023
“Medical Marijuana and CBD in Georgia” LeadingAge, Georgia Life Plan Community Symposium, August 10, 2023
“Medical Errors and the Law,” Georgia Medical Directors Association, Summer Symposium, July 23, 2023
“Legal Aspects of Medical Errors: Strategies to Avoid Liability,” Colorado Medical Directors Association’s 28th Annual Conference, April 28, 2023,
“Medical Aid in Dying: Medical, Ethical, and Legal Ramifications,” American Medical Directors, March 9-12, 2023
“How to Fix The Broken Survey Enforcement Process,” co-presenter, Joseph Bianculli, AHLA Long Term and Post-Acute Care Conference, March 1, 2023,
“Medical Errors and the Law,” Ohio Medical Directors Association, February 9, 2023
“Medical Marijuana and CBD in Georgia: Legal Implications for Senior Care Providers,” Georgia Senior Living Association, November 17, 2022
“Disclosing Medical Errors: Legal & Ethical Issues,” American Medical Directors Association, Virtual Symposium, October 28, 2022
“Defensive Documentation: Charting with a Jury in Mind,” Mount Evans Home Health Care & Hospice Program, September 22, 2022
“Cannabis in Nursing Homes. Is it Legal?” United Patients Group podcast, June 7, 2022
“Sexuality & Dementia in Post-Acute and Long-Term Care,” Philadelphia College of Osteopathic Medicine’s 29th Annual Conference, June 23, 2022
“Surveys & Appeals: The Long and Winding Road to Justice,” Kentucky Association of Health Care Facilities, May 16-18, 2022
“Long-Term Care Surveys and Appeals: Perspective from Providers and Regulators,” co-presenter, Larry Johnson, Director, Iowa Department of Inspections & Appeals, AHLA Long-Term Care and the Law, 2022 Conference, February 25, 2022
“Medical Marijuana in Pennsylvania: Is It Safe for Seniors to Take the High Road?” Eastern Pennsylvania Geriatric Society, October 20, 2021
"Successfully Challenging CMS' Enforcement Actions", Colorado Society for Post-Acute and Long-Term Care Medicine, August 3, 2021
“Lessons from Litigation: Minimizing Liability and Regulatory Risks,” Georgia Medical Director Association’s 2021 Summer Symposium, July 16, 2021
“Legal Aspects of Medical Marijuana in Post-Acute and Long-Term Care,” Ohio Medical Directors Association, July 1, 2021
Glenn Hendrix, Hedy Rubinger, Jason Bring, Jennifer Burgar, Lanchi Bombalier, and Alan Horowitz Present at Georgia Health Care Association's (GHCA) Annual Summer Convention, June 13, 2021
“Lessons from Litigation: Minimizing Liability and Regulatory Risks,” the Society of Post-Acute and Long-Term Care Medicine the American Medical Directors Association (AMDA), March 13, 2021
“Arbitration Agreements, Admitting Drug Abusers, and Medical Marijuana in Kentucky,” Topaz Financial Services, Las Vegas, December 8, 2021
“Government Overreach in Survey Enforcement: Tales From the Trenches,” American Health Law Association’s Long Term Care and the Law Conference, October 21, 2020
“Regulatory and Risk Management,” 46th Annual Meeting of the California Association of Long-Term Care Medicine (CALTCM), October 8, 2020
“Civil Monetary Penalties and COVID-19: Risks and Opportunities for Operators” Sponsored by CDW, August 19, 2020
"The New QAPI Regulations: What Medical Directors Need to Know" and "The Medical Director's Role in the Long-Term Care Survey Process and Beyond,” The Society for Post-Acute and Long-Term Care Medicine. The American Medical Directors Association Virtual Annual Conference, April 3, 2020
“Judicial Review of Departmental Appeals Board Decisions – the Breakdown of the Administrative Procedures Act Standards and How Facility Counsel Can Construct Persuasive APA Arguments,” co-presenter, Joseph L. Bianculli, American Health Lawyers Association, annual Long-Term Care and the Law Conference, March 3, 2020
“Understanding the Legal Aspects of Medical Marijuana and CBD,” Indiana Medical Directors Association, February 20, 2020
“QAPI/QAA: What Medical Directors Need to Know," AMDA Webinar, September 11, 2019
“The Quality Assurance Privilege”–Are Your Documents as Safe from Disclosure as You Think?”, co-presenter, Joseph L. Bianculli, American Health Law Association, February 27, 2019
“Sexuality and Dementia in Long-Term Care: Balancing Resident Rights and Resident Safety,” Colorado Medical Directors Association, August 7, 2018
“Sexuality & Dementia: Avoiding Legal Pitfalls,” Pennsylvania Health Care Association, September 29, 2016
“50 Shades of Consent: Case Studies of Memory Care and Understanding Decision Making Capacity,” The Memory Care Forum, La Jolla, California, September 22, 2016
“Government Enforcement Activities and Theories–From State Agency/CMS Overreaching to Criminal Prosecution,” co-presenter David R. Hoffman, American Health Law Association, February 23, 2015
“The Drive to Quality: Are You on The Bus or Under It?” co-presenter David R. Hoffman, Health Care Compliance Association, 17th Annual Compliance Institute, April 21, 2013
Invite Alan to Speak or Write
Alan frequently presents at national and state forums on health law and long-term care issues. If you'd like him to contribute to your publication, conference, or training, get in touch today.