About Caplan & Earnest

Established in 1969, Caplan and Earnest, LLC, is a Boulder-based full service law firm specializing in health care, education, litigation, estate planning, immigration and business law. Caplan and Earnest offers the depth and diversity needed to serve the needs of clients facing complex legal issues.

New Colorado Law Gives Protections to Providers Who Initiate “Open Discussion” With Patients After Adverse Outcomes

The Colorado legislature recently passed the “Colorado Candor Act.” The law becomes effective July 1, 2019 and applies to conduct occurring on and after that date. It is codified at C.R.S. § 25-51-101, et. seq. and has the potential to impact the pre-litigation resolution of adverse events in the healthcare setting and the circumstances under which any such resolution is [...]

By |2019-07-01T13:01:46-06:00July 1, 2019|

Colorado Lowers the Age of Consent for Outpatient Psychotherapy Services

On May 16, 2019, Colorado lowered the age of consent for outpatient psychotherapy services from 15 years to 12 years old. This new law is intended to help minors who are hesitant to discuss their mental health with parents or legal guardians to obtain outpatient psychotherapy services before they reach a crisis level. It is currently codified at C.R.S. § [...]

By |2019-06-28T07:33:21-06:00June 28, 2019|

Informed Consent in the Revised Common Rule

On Thursday, June 6th, Gregory James Smith, special counsel in our business and health law section, who focuses his practice on health care professionals, home health and hospice agencies, provider networks and medical and technology enterprises, gave a presentation on “Informed Consent in the Revised Common Rule” at the annual Law Professors Conference of the American Society of Law, Medicine and [...]

By |2019-06-11T08:39:34-06:00June 11, 2019|

Elizabeth Francis to Give Presentation on Creating a Legally Compliant Culture of Respect

Elizabeth Francis, an attorney in the litigation practice, will be the featured speaker at the May 16th meeting of the Boulder Area Human Resource Association (BAHRA). This year’s BAHRA meeting is focused on building a culture within an organization. Elizabeth’s presentation is titled, “Building a Legally Compliant Culture of Respect: Legal Updates On Discrimination.” After this session, participants will be [...]

By |2019-05-14T14:17:38-06:00May 14, 2019|

2019 Revisions to the Colorado Professional Review Act

By: Meghan Pound and Laura Wassmuth The House and Senate both passed Senate Bill 19-234 and it is awaiting Governor Polis’s signature. Assuming the governor signs the bill, it will re-enact Colorado’s Professional Review Act, C.R.S. § 12-36.5-101, et seq. If signed, the revised statute with take effect August 2, 2019, and it will sunset again on September 1, 2030. [...]

By |2019-05-15T11:01:30-06:00May 14, 2019|

3 Tips for Health Care Organizations on Colorado’s New Data Privacy Law

By Matt Ullrich On September 1, 2018, Colorado’s new data protection law, HB 18-1128 or “Protections for Consumer Data Privacy,” became law.  Here are some helpful tips to make sure your health care organization is in compliance with the new law. Update your Health Insurance Portability and Accountability Act (“HIPAA”) Policies If you’re a covered entity or business associate subject [...]

By |2018-09-11T13:40:21-06:00September 11, 2018|

Telehealth On The OIG’s Radar

Telehealth is one of the fastest growing markets in health care, and with the ever-increasing availability and growth of technology, telehealth will continue to play a significant role in the future of health care. In an attempt to keep up with the dynamic and rapidly changing telehealth market, federal and state agencies have responded by developing a patchwork of different [...]

By |2018-02-27T08:54:45-06:00December 20, 2017|

Special Counsel Doug Stevens Presents at 2017 Wilderness Risk Management Conference

BOULDER—Nov. 14, 2017—Caplan and Earnest Attorney Doug Stevens presented on sexual-related incidents involving minors at the National Outdoor Leadership School’s 2017 Wilderness Risk Management Conference on Nov. 2 in Portland, Maine. Stevens presented alongside Traci McKee, an attorney with Florida-based law firm Henderson, Franklin, Starnes & Holt, and Dave Dennis, global safety and risk management director of Rustic Pathways and [...]

By |2017-11-14T11:29:29-06:00November 14, 2017|

Caplan and Earnest’s Siderius and Sullivan Named to 5280’s Top Lawyers List

BOULDER—Nov. 8, 2017—Caplan and Earnest LLC health law attorneys Linda Siderius and Jennifer Sullivan were named a 2018 “Top Lawyer” in 5280 magazine’s third annual listing of Denver’s best attorneys. The listing includes 350 attorneys overall and is based on a rigorous peer-review process in addition to research by the magazine’s editors. Siderius specializes in administrative law and civil litigation. A [...]

By |2017-11-08T14:16:14-06:00November 8, 2017|

Caplan and Earnest LLC Makes “Best Law Firms” List

BOULDER—Nov. 1, 2017—Caplan and Earnest LLC was named to the prestigious 2018 U.S. News - Best Lawyers® "Best Law Firms" list. The firm was recognized nationally for its health law practice and within Colorado for its administrative and regulatory law, health law, immigration law and real estate law practices. In Colorado, the firm received the highest possible ranking for administrative and regulatory [...]

By |2017-11-01T13:52:14-06:00November 1, 2017|