Caplan & Earnest has one of the most experienced and trusted Health Law practices in the Rocky Mountain region.

We offer health care organizations a commonsense approach to understanding and navigating complex and constantly evolving health laws and regulations. And, as problem solvers, we offer innovative and creative ways to help clients increase profitability, operate efficiently, minimize risk and protect assets.

Our Health Law attorneys are well known and provide assistance to policymakers and communities, in addition to businesses. Two of Caplan & Earnest’s attorneys have served as president of the Colorado Bar Association’s Health Law Section, and several have been honored as leading attorneys by U.S. News & World Report and Thomson Reuters. Our attorneys have also served on the boards of CBA’s Health Law Section and the CBA’s Board of Governors, in addition to the Executive Committee and Board of Directors of Continuing Legal Education in Colorado, Inc.

Caplan & Earnest attorneys have also served on a diverse range of community and organizational boards, and we are frequent speakers who have presented before associations such as Home Care Association of Colorado, Hospice and Palliative Care Association of the Rockies, the Colorado chapter of the American Physical Therapy Association, CBA’s Health Law Section, the Colorado Behavioral Health Care Council, the American Board of Psychoanalysis, LeadingAge Colorado, and a number of colleges and universities.

If you would like to know more about our Health Law services, please contact:

Terry Cipoletti

Terry Cipoletti
Phone: 303-443-8010
Email: tcipoletti@celaw.com

A Comprehensive Approach to Health Law

Our team can assist through all three phases of a business cycle:

1. Formation Needs

Correctly setting up a health care organization saves you time, money and effort. Our team will help you with a variety of transactional needs, such as determining which type of organization is best in your situation—joint venture, 501(3)c, partnership, corporation or another type. We also will help you to establish purchasing contracts, employment agreements with key staff, form leases, obtain licenses and much more. When forming organizations, clients turn to us for a variety of needs, such as:

Legal structure
Transactional needs
IRS matters
Transactional and contracting needs
Regulatory policies and procedures

2. Compliance & Oversight

Meeting complex regulatory requirements and handling aggressive government oversight is essential. Violations and noncompliance can result in large fines and penalties, so our Health Law practice group works closely with you on referral and payment practices, employment and patient-related legal matters, survey and accreditation matters, and more. We offer practical strategies to ensure appropriate reimbursement and prevent violations of key state and federal regulatory matters. We also work with organizations to handle complex compliance matters, such as:

False Claims Act
Stark Law
Patient privacy rights (HIPAA)
Anti-kickback Statute
Emergency Medical Treatment & Labor Act (EMTALA)
Survey and certification
Fraud and abuse
Licensure
Medicare and Medicaid laws
Employment matters
Workplace safety (OSHA)
Plan of care issues
Financing (HUD, tax-exempt and conventional borrowing)

3. Litigation

Our attorneys provide the insight and knowledge to minimize the risk of litigation, but sometimes it is unavoidable. As experienced health law litigators, we try cases in state and federal courts, before juries and judges or in administrative proceedings, before arbitration panels and in appellate forums. We focus on resolving cases efficiently by assessing the merits of a case at the outset and developing sound strategies to meet your organization’s objectives. Our firm routinely represents health care organizations in cases involving: