Health Care and the 2017 Colorado Legislative Session

Note: Josiah Beamish, J.D., a health law clerk for Caplan and Earnest, was instrumental in compiling this information. The 2017 Colorado Legislative Session resulted in some key pieces of health care legislation, which allowed the legislature to address several long-term needs in the state’s health care system. One of the biggest developments this legislative session is the commitment to supporting [...]

By |2017-06-09T13:55:50-07:00June 6, 2017|

OIG Expands Exclusion Authorities Under Final Rule

On January 12, 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued its Final Rule regarding its authority to exclude individuals and entities from participation in the Federal health care programs. The Final Rule, which takes effect on February 13, 2017, clarifies and expands the OIG’s exclusion authority under the Affordable Care Act (ACA). Statute [...]

By |2017-01-26T09:03:48-07:00January 24, 2017|

The 2016 Election and the Future of Health Care

Despite your political party or how you voted on or prior to Nov. 8, 2016, the results of the 2016 election will undoubtedly impact the future of health care for the next several years in and outside of Colorado. Just how is still to be determined, but here’s a glimpse of what you might be able to expect: The Patient [...]

By |2016-12-27T11:06:18-07:00November 10, 2016|

CMS Finalizes 60-Day Overpayment Rule: Providers Must Refund Overpayments Going Back Six, Not 10 Years

CMS has finalized a rule that defines the statutory obligation of providers and suppliers (“Providers”) to return Medicare overpayments (the “60-Day Rule”). The Affordable Care Act compels providers to return overpayments within 60 days of identifying them. Failing to refund overpayments can result in liability under the False Claims Act. That means a Provider could either face financial penalties or [...]

By |2016-12-27T11:06:27-07:00February 12, 2016|

Revalidation and Enrollment Begins Sept. 15 for Colorado Medicaid Providers

As required by the Affordable Care Act, all existing Medicare and Medicaid providers, including all Child Health Plan Plus (CHP+) providers, must revalidate by March 31, 2016. In order to meet these requirements and to ensure that all Colorado Medicaid providers are enrolled in its new claims processing and payment system, known as the Colorado interchange, Colorado Medicaid will begin [...]

By |2016-12-27T11:06:35-07:00September 14, 2015|

Supreme Court Rules Affordable Care Act Insurance Subsidies Legal

This morning, June 25, 2015, the Supreme Court of the United States upheld the legality of health insurance subsidies for taxpayers participating in health insurance exchanges run by the federal government as part of the Patient Protection and Affordable Care Act (ACA), also known as Obamacare. In David King, et al. v. Sylvia Burwell, Secretary of Health and Human Services, et [...]

By |2016-12-27T11:06:37-07:00June 25, 2015|

Caplan Attorneys Stevens and Ullrich Present on Key Points of Affordable Care Act to Dude Ranch Group

The Colorado Dude and Guest Ranch Association is a well-established and respected member organization comprised of more than 25 Colorado ranches, which offer an amazing diversity of programs, activities, events, lodging and more. When the association’s members gathered for their Spring Convention in March, one of the important topics involved wage-related matters. With more than 1,000 seasonal employees, the member [...]

By |2016-12-27T11:06:39-07:00April 13, 2015|

Feds Fine Compliance Officer $1 Million, Highlighting Major Risks

The U.S. Attorney’s Office for the Southern District of New York is seeking a $1 million fine from a compliance officer in connection with a criminal case against his former employer, which paid $100 million in 2012 for a fraud scheme. While the officer was not working in a health care organization, the case highlights the perils health care compliance [...]

By |2016-12-27T11:06:41-07:00March 10, 2015|

CMS Delays Final Rule on Reporting and Returning Overpayments

The Centers for Medicare and Medicaid Services recently announced a one-year delay in the publication of the final rule regarding reporting and returning overpayments to the Medicare program. A proposed rule, which was originally published on Feb. 16, 2012, requires providers and suppliers to report and return Medicare overpayments within 60 days after the date on which the overpayment was [...]

By |2016-12-27T11:06:42-07:00March 5, 2015|

Federal Court Opinion Is a Reminder that Antitrust Concerns Are Alive and Well

There is a wide round of discussion about consolidation in the health care field in order to meet the updated health care system that is anticipated under the Affordable Care Act. Health care providers are looking to consolidate through joint ventures and mergers, so that they may have the presumed efficiencies of larger organizations and a wider range of providers for [...]

By |2016-12-27T11:06:42-07:00March 3, 2015|