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|

Caplan & Earnest is Moving

Caplan & Earnest is moving effective Monday, March 25, 2019. We will be relocating our office on Friday, March 22, 2019. We will continue to respond to our clients as soon as possible. Still in the heart of Boulder, Colorado, our new offices are located at: 3107 Iris Avenue Suite 100 Boulder, CO 80301 Our team of trusted, experienced attorneys [...]

By |2019-03-20T15:34:50-06:00March 20, 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 |2019-02-27T07:55:26-06:00February 27, 2019|

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 |2018-02-27T08:52:58-06:00January 31, 2018|

Caplan and Earnest Represents the Colorado Chapter of the American Physical Therapy Association in Recent Ruling

Boulder, CO (January 9, 2018) – The Colorado State Physical Therapy Board recently defeated a lawsuit filed by two acupuncture organizations challenging Physical Therapy Board Rule 211 and physical therapists’ ability to perform dry needling. The Colorado Chapter of the American Physical Therapy Association (CO APTA) participated as an amicus party. CO APTA was represented by the law firm of Caplan [...]

By |2018-01-23T07:29:23-06:00January 23, 2018|

Caplan and Earnest Handles Acquisition of Urgent Care Facility That Will Offer Convenient Urgent and Primary Care to Residents in Greeley, Colorado

GREELEY, Colo. (January 11, 2018) – It was announced today that Dr. Dan Bates has finalized the purchase of an urgent and primary care facility located at 2928 West 10th Street in Greeley, Colorado. The law firm Caplan and Earnest handled the purchase. Attorneys Bob Rowland and Gregory James Smith led the firm’s team on this transaction. The firm’s health [...]

By |2018-01-23T07:18:36-06:00January 23, 2018|

Caplan and Earnest Health Law Group Adds Five Attorneys

The health law group at Caplan and Earnest LLC has added five experienced health law attorneys in recent months, making this one of the largest health groups in Colorado. The practice group now has 11 attorneys. The new additions to the health care law group are: Sheryl K. Bridges, special counsel, specializes in malpractice, defending clients who receive complaints from [...]

By |2017-10-30T13:52:51-06:00October 18, 2017|

Corporate Integrity Agreement Highlights Individual Accountability within Health Care Organizations

A physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, Family Medicine Centers of South Carolina, LLC (“FMC”), has agreed to pay the United States $1.56 million, and its principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000, to resolve a False [...]

By |2017-11-08T10:10:41-06:00October 13, 2017|

CMS Emergency Preparedness Rule Takes Effect Nov. 15

In the wake of Hurricanes Harvey, Irma and Maria, the November 15, 2017 deadline for new Centers for Medicare and Medicaid Services regulations on emergency preparedness seems all the more critical. Hundreds of facilities were devastated by flooding and damage, leaving them without vital patient data and at risk of security breaches and Health Insurance Portability and Accountability Act violations. [...]

By |2017-10-13T10:37:21-06:00October 10, 2017|