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|

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 |2019-06-11T08:39:34-07:00June 11, 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|

NPDB Publishes Updated Guidebook

The National Practitioner Data Bank published an updated NPDB Guidebook on October 26, 2018.  It can be found online at: https://www.npdb.hrsa.gov/resources/aboutGuidebooks.jsp 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|

Caplan & Earnest Release Webinar Recording Outlining Legal Expectations for the Prescribing and Dispensing of Opioids

Caplan & Earnest, one of the largest health law practices in the state with unrivaled experience in Colorado legal and regulatory requirements, has released the recording from their October webinar outlining DORA’s updated Guidelines for the Safe Prescribing & Dispensing of Opioids, which is endorsed by multiple licensing agencies, and Senate Bill 18-022, signed in May of this year, which [...]

By |2018-10-30T17:41:49-07:00October 30, 2018|

Liability Protection for Recreational Operators In Colorado: What Operators Need To Know

In the most recent issue of the Boulder County Bar Association newsletter, Doug Stevens, attorney in our litigation practice, co-wrote an article with his Boulder Bar Civil Litigation Section co-chair Lucy Walker, regarding liability protections for outdoor recreation providers in Colorado.  In the article, Stevens and Walker discussed several of the statutes that protect outdoor recreation companies from liability for [...]

By |2018-10-24T09:22:20-07:00October 24, 2018|

Caplan & Earnest to Host Free Webinar Outlining Legal Expectations for the Prescribing and Dispensing of Opioids

Boulder, Colo. (September 19, 2018) – Any provider who prescribes or dispenses opioids – doctors, advanced practice nurses, physician assistants, dentists, pharmacists, and others – faces the challenge of staying on top of the changing legal landscape as the government reacts to the opioid epidemic. Caplan & Earnest, one of the largest health law practices in the state with unrivaled [...]

By |2018-09-19T07:50:45-07:00September 19, 2018|

The Practice of On-Demand Subpoenas Deemed Unlawful: What This Means for Healthcare Providers Subject to DORA Oversight

A recent District Court order confirms that the practice of “on-demand” subpoenas utilized by the Department of Regulatory Agencies (DORA) to require immediate production of records is unlawful. As a result, DORA is doing away with the on-demand subpoena. We have informally confirmed that all future DORA subpoenas for production of documents will have a 14-day return date. The on-demand [...]

By |2018-09-12T14:50:13-07:00September 12, 2018|

Schools can Address Safety Concerns While Adhering to the Family Educational Rights and Privacy Act

Recent state and federal guidance confirms that districts can release many types of information about students when responding to school-safety concerns or handling student disciplinary actions without violating the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (“FERPA”). Releasing Information in Response to School-Safety Concerns The Colorado Attorney General recently advised in Formal Opinion [...]

By |2018-02-27T08:52:58-07:00January 31, 2018|