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 |2019-07-01T13:01:46-07:00July 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 |2019-06-28T07:33:21-07:00June 28, 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 |2019-05-15T11:01:30-07:00May 14, 2019|

Practical Tips for School Leaders From a Former School District In-House Counsel

It’s easy for school leaders to feel overwhelmed by the constantly evolving and complicated legal landscape surrounding the delivery of public education today. Sometimes it helps to step back and review the fundamental expectations we should have of every educator throughout the system. Adherence to these core responsibilities will allow your team to stay focused on improving student outcomes rather [...]

By |2019-02-27T07:55:26-07:00February 27, 2019|

Health Law Practice’s Matt Ullrich Appointed to Board of LeadingAge Colorado

Matt Ullrich, an attorney in the health law practice, was recently appointed to the board of directors of LeadingAge Colorado, the largest association of senior living and care providers in the state and the leading voice for senior living and aging service providers in Colorado. As a board member, Ullrich will be part of LeadingAge Colorado’s efforts to assist senior [...]

By |2018-12-19T09:20:32-07:00December 19, 2018|

Caplan & Earnest Named to the 2019 List of Best Law Firms

Caplan & Earnest is proud to announce that it has been named to the 2019 list of Best Law Firms by Best Lawyers in several different categories. Regionally, the firm received the highest standing in the areas of administrative/regulatory law, health law, immigration law, and medical malpractice. Our real estate practice was also highlighted in the regional list, and our [...]

By |2018-11-27T15:15:15-07:00November 27, 2018|

NPDB Publishes Updated Guidebook

The National Practitioner Data Bank published an updated NPDB Guidebook on October 26, 2018.  It can be found online at: The update provides specific guidance on reporting adverse professional review action. Under prior guidelines, many entities interpreted a voluntary leave of absence, or an agreement to refrain from practice, during an investigation, as a nonreportable event.  The new guidance suggests [...]

By |2018-11-21T13:03:13-07:00November 21, 2018|

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 |2018-09-11T13:40:21-07:00September 11, 2018|

ADA Regulations: What Businesses Need to Know About Service vs. Emotional Support Animals

Service animals are a common sight almost everywhere you go. They are of great help and assistance to people with disabilities, providing them greater access, mobility, and freedom. But, with the addition of what are now called “emotional support animals,” some business owners are now faced with a rather confusing and complicated area of compliance with the law. Attorneys Doug [...]

By |2018-06-14T07:33:07-07:00June 14, 2018|

Razzle Dazzle Annual Fundraiser: Supporting Students, Educators, and Schools in Boulder Valley

The name says it all! Razzle Dazzle is Impact on Education’s annual fundraising gala to support the Boulder Valley School District. This organization is celebrating its 36th year and Caplan & Earnest is proud to be participating. As the state’s preferred resource in education and school law, our team of attorneys is highly sought after for our expertise and ability [...]

By |2018-05-30T07:13:25-07:00May 30, 2018|