Alan C. Horowitz

Partner

Fax: 404.873.8139
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Alan is a partner in the Healthcare practice and a member of the Post-Acute & Long-Term Care industry team. He is an innovative healthcare lawyer handling complex regulatory issues concerning Medicare providers such as skilled nursing facilities, hospices, and home health agencies. Known for his unique and significant healthcare experience, Alan held clinical, faculty and management positions at major medical centers where he utilized his management skills as well as his background as a registered respiratory therapist and registered nurse. In 1976, Alan formed the first neonatal respiratory care team while at Hahnemann University Medical Center in Philadelphia. Above all, he is most concerned with helping clients run businesses that provide the highest level of client care possible.

Before joining the firm, Alan served as Assistant Regional Counsel at the United States Department of Health and Human Services’ (HHS) Office of the General Counsel (OGC). He worked closely with, and litigated cases on behalf of, the Centers for Medicare and Medicaid Services (CMS). He litigated cases before the HHS Departmental Appeal Board and the federal courts involving enforcement actions taken by CMS. He also worked with the U.S. Attorneys’ Office defending Medicare coverage determinations and Federal Tort Claims Act (FTCA) cases. Currently, as counsel to providers, Alan has successfully negotiated and litigated significant cases against CMS.

Alan was the Acting Director of ECRI Institute’s National Center for Independent Medical Review and also served as the Director of Clinical and Legal Affairs for the Institute for Safe Medication Practices (ISMP). In addition to maintaining his own law practice, Alan served as in-house counsel and program director for the pilot SNF-based ventilator-dependent program in New Jersey.

Alan has co-authored and co-edited the AHLA publication, Post-Acute Care Handbook: Regulatory, Risk and Compliance Issues as well as having written dozens of articles regarding various aspects of health law. Additionally, Alan has been a frequent presenter at national and state forums on topics regarding health law.

Experience

  • Request for reconsideration of denial of Medicare enrollment of physician with felony.

  • AGG obtained a temporary restraining order in federal court on behalf of a skilled nursing facility halting termination of the facility’s provider agreement. Through a bankruptcy filing made during the pendency of the temporary restraining order, the skilled nursing facility has successfully avoided termination of its provider agreement pending completion of the appeals process.

  • Negotiated the return of a civil money penalty of over $220,000 from CMS by a healthcare REIT.

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

  • Successfully litigated a case in which CMS had to refund more than $600,000 plus $53,000 in interest to a nursing home.

Credentials

  • Widener University School of Law, Juris Doctor — 1990
  • Widener University, Bachelor of Science - Nursing — 1987
  • New York University — 1975
    • Certificate in Respiratory Therapy
  • United States District Court for the Western District of Pennsylvania 2011
  • United States Court of Appeals for the Third Circuit 2009
  • Supreme Court of Pennsylvania 1990
  • United States Supreme Court
  • United States District Court for the Eastern District of Pennsylvania
    • American Health Lawyers Association
    • American Bar Association
    • American Medical Directors Association
    • American SIDS Foundation, Board Member
    • Mount Evans Home Health and Hospice, Board Member

Recognition

  • Best Lawyers in America (Healthcare Law), 2015-20
  • Superior Achievement Award, HHS Office of the General Counsel, 2012
  • Designated “Special Attorney” pursuant to 28 U.S.C. § 515, by the Department of Justice for appeals in U.S. Court of Appeals for the Third Circuit , 2009-12

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