Alan Horowitz
Alan C. Horowitz, Esq., RN — Principal of Alan C. Horowitz & Associates, LLC; registered nurse and respiratory therapist turned healthcare lawyer specializing in regulatory compliance and enforcement defense for skilled nursing facilities, hospices, and home health agencies.
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APPEARANCES
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PODCASTS
Aug 21, 2026
Jean StormHOST
But how did it how did this coffee spill result in a one point eight million dollar civil money penalty and a decade long legal battle?
Alan HorowitzGUEST
And this illustrates some of the problems challenging CMS enforcement actions.
Alan HorowitzGUEST
It also illustrates what happens when the surveyor misinterprets the state operations manual.
Alan HorowitzGUEST
At some point, the resident had a seizure and some coffee spilled on his abdomen.
Alan HorowitzGUEST
The nurse taking care of him charted a dime-sized wound on the left lower quadrant and contacted the medical director.
6 MINS LATER
Jean StormHOST
Why are CMS appeals so difficult? And what does it take for a facility to successfully challenge a deficiency or immediate jeopardy?