Comprehensive Support for Complex Care Challenges

We recognize the medical, legal, and ethical dimensions applicable to quality healthcare and our nationally renown experts incorporate those dimensions into the counseling and consulting we provide. We focus on the legal and clinical aspects, which are almost always intertwined. 

Services

    • Evaluate the Statement of Deficiency (SOD or, "2567") for errors or false conclusions

    • Recommend specific action items both pre and post-survey

    • Assist with Plans of Correction (POC) and Allegations of Compliance (AOC) when immediate jeopardy is alleged

    • Draft and/or review Informal Dispute Resolution (IDR)

    • Draft and/or review Independent Informal Dispute Resolution (IIDR)

    • Evaluate Strengths and Weaknesses of CMS allegations and advise regarding IDR, IIDR, and Appeals

    • Negotiate with CMS

    • Care Plan evaluations and revisions

    • Wound care prevention and treatment

    • Assist with Facility Assessment

    • Antipsychotic Use

    • Counseling regarding high-risk areas such as not overlooking the HHS OIG List of Excluded Individuals and Entities (LEIE)

    • Decision-Making Capacity (DMC) Assessments - how to conduct the examination(s)

    • Deprescribing

    • Diabetes management

    • Fall Prevention

    • How to manage resident-resident abuse as well as resident-staff abuse

    • Involuntary Discharges

    • Managing Residents Abuse and Neglect - Proactive approaches

    • Mandatory reporting (e.g., State survey agency, State police, CMS, DEA, etc.)

    • Medical Marijuana - currently legal in 40 states and D.C. (not legal under federal law)

    • Pressure Ulcers - how to avoid, treat, and mitigate

    • Principles of Documentation

    • Role(s) of the Medical Director

    • Sexuality and Dementia

    • Smoking-related issues

    • Substance Use Disorders (SUD)

    • Medical Aid in Dying (MAID) - Legal in 12 states

    • Voluntary Stopping Eating and Drinking (VSED) - Legal in all 50 states

    • Palliative Care

    • Ethical issues -Dr. Steinberg is certified as a Health Care Ethics Consultant

    • Both Dr. Haimowitz and Dr. Steinberg have extensive and significant first-hand experience with end-of-life care issues

    • Negotiate with the HHS Office of Inspector General where applicable

    • Evaluate and make recommendations regarding your QAPI program and QAA Committee (e.g., structure, function, feedback loops, communication with governing body)

    • Educate management and staff regarding what documents are privileged and shielded from discovery and how to maintain - or lose the privilege

    • Advise Governing Body of legal requirements and areas of potential liability

Talk with Alan about your case

Trusted Associates

  • Portrait of a smiling middle-aged man wearing glasses, a dark suit, white shirt, and patterned tie, against a plain gray background.

    Karl Steinberg

    Certified Medical Director & Ethics Consultant

    MD, CMD, HMDC, HEC-C


    Read Bio
  • A man with dark hair, glasses, and a suit smiling against a plain white background.

    Daniel Haimowitz

    Certified Medical Director & Expert Consultant

    MD, FACP, CMD

    Read Bio

  • Successfully prevented a home health agency (HHA) from being terminated from the Medicare program by CMS.

  • Successfully prevented a hospice from being terminated from the Medicare program by CMS.

  • Obtained a temporary restraining order (TRO) in federal court on behalf of a skilled nursing facility, temporarily halting termination of the facility’s provider agreement.

  • Negotiated the return of a civil money penalty of more than $220,000 from CMS on behalf of a healthcare REIT.

  • Successfully defended a national hospice company alleged to have caused a patient’s death.

  • Litigated a case in which CMS was ordered to refund more than $600,000 plus $53,000 in interest to a nursing home.

Representative Experience

My Work

When surveyors incorrectly allege a deficiency, the consequences for providers can be devastating —from six-figure penalties to termination from Medicare. After representing CMS for more than a decade, Alan focused his career on helping skilled nursing facilities, hospices, and home health agencies challenge allegations that lack a legal and/or factual basis.

Having proudly represented CMS in Region III for 12 years with a focus almost exclusively on post-acute and long-term care providers, Alan is able to appreciate both the perspectives from the government as well as the provider sector. Additionally, our medical experts have testified for CMS as well as providers and bring their expertise to the table in an objective, evidence-based fashion.

Contact Alan Today

“I have worked with Alan over several years. He has been exceptional and invaluable when dealing with regulatory agencies such as state departments of health and OIG. When one of our skilled facilities finds itself dealing with a regulatory issue of any kind, Alan is my first and last call. I know Alan and his team will provide the most professional and competent attention to the problem and take the ball over the finish line. He and his team have my complete trust and confidence.”

Alex Senkoff, M.D.
Owner and Manager
Veritas Management Group

Facing a CMS Action?

Alan has the insight and experience to protect your facility.

Contact Alan Today