Caplan and Earnest LLC has a national reputation as one of the leading health law firms in the Rocky Mountain region. Since the founding of the firm in 1969, the health law practice has been a significant part of its business. Our practice focuses on all types of healthcare providers, including acute care and specialty hospitals, ambulatory surgery centers, home health agencies, continuing care retirement communities, provider networks, group and concierge physician practices, management companies and many others. In addition, Caplan and Earnest LLC provides assistance to self-insured employers and bona fide associations in the development of their health plans and managed care networks.
The Firm also represents organizations that support providers such as management and billing companies.
Healthcare Practice: The members of the Caplan and Earnest LLC health law group devote all or a very substantial portion of their practice to health law issues.
Services include:
Healthcare entity formation and management: Sales/purchase contracts, leases, license agreements, strategic planning, accountable care organizations, reorganizations, tax planning, LLCs, partnerships, corporations, joint ventures, buy-in and buy-out agreements, business contracts, equipment leases.
Non-profit: Incorporation, IRS recognition, inurement and excess benefit advice, IRS Form 1023, IRS Form 990, accounting for charitable activities, and intermediate sanction advice.
Antitrust: Monopoly analysis and advice, price fixing avoidance and association management.
Compliance: Board policies and procedures, compliance plans, forensic review of payment practices, voluntary returns of overpayments, HIPAA analysis and implementation, ethics committees.
Healthcare regulations: Fraud and abuse compliance, survey and accreditation, compliance with Medicare and Medicaid laws, EMTALA policies and compliance, physician and hospital reimbursement and payment issues, licensure.
Health law litigation: Peer review, medical staff credentialing, medical practice ownership disputes, provider discipline before the Board of Medical Examiners and other regulatory boards, provider-payor managed care disputes, Medicare/Medicaid regulation disputes, employer-sponsored and insurance plan coverage disputes.
Employment: Recruitment agreements, employment arrangements, medical director agreements, employment termination advice and litigation, OSHA compliance, union organizing response advice, and executive and nonqualified plans.
Managed care: Provider contracts, provider network compliance, development of provider networks for managed care organizations; managed care contract negotiations, contract and payment disputes.
Health plans: Development of self-insured health benefit networks, HIPAA compliance, nonprofit HMOs.
Professional Licensing Issues: Representation of licensed professionals before Colorado Department of Regulatory Agencies; professional review and credentialing matters, litigation over anticompetitive conduct allegations, advice to medical staff leadership.
The Firm’s experience and diverse client base allows the pooling of information, resources and expertise so that legal services are provided efficiently, creatively, and cost effectively. Caplan and Earnest has a strong client focus resulting in lasting business relationships, and its lawyers are known as problem solvers where others have failed. The firm’s lawyers take the time to learn its healthcare clients' goals and priorities, and then apply years of experience, judgment, and expertise to accomplish client objectives.
Quality Indicators
Caplan and Earnest's health law attorneys are well known in the Rocky Mountain region and provide assistance to policy makers and communities. Three of Caplan and Earnest’s attorneys have served as president of the Colorado Bar Association's health law section.
Our attorneys have served as members of advisory councils to the Colorado Division of Insurance, as well as on many health community boards, including:
Healthcare Financial Management Association – Colorado Chapter
Center for Bioethics and Humanities - CU Denver and Health Sciences Center
National Legal Panel - Leading Age
Golden West Retirement Communities
ClinicNet
Colorado Healthcare Strategy & Management
Colorado Managed Care Collaborative
Our attorneys are also frequent speakers and have presented before associations such as HFMA, HCCA, the Colorado Bar Association Health Law section, the Colorado Hospital Association, the American Health Lawyers Association, Leading Age, Leading Age Colorado, the Health Care Compliance Association, Colorado Managed Care Collaborative, and the ABA Health Law Section. Representative clients Boulder Community Hospital, Boulder CO
Denver Health and Hospital Authority, Denver CO
The Memorial Hospital, Craig CO
Aspen Valley Hospital, Aspen, CO
Yuma District Hospital, Yuma CO
Heart of the Rockies Regional Medical Center, Salida CO
Associates in Family Medicine, Fort Collins, CO
Surgery Center of Fort Collins, LLC, CO
Rocky Mountain Endoscopy Centers
Frasier Meadows Retirement Community, Boulder, CO
Harmony Imaging Center, Fort Collins