Caplan and Earnest LLC provides one of the most experienced and trusted practice groups for health care law in the Rocky Mountain region. We offer health care organizations a holistic and common sense approach to complex and constantly evolving health care law. As problem solvers, we offer innovative and creative ways to help health care clients increase profitability, operate efficiently and protect assets.
Practice Group Leader:
A Comprehensive Approach to Health Care Law
Our health law team can assist through all phases of a business cycle, including formation and transactional needs, regulatory compliance and managing litigation as it arises. Our comprehensive approach allows us to simplify legal issues so you can focus on what matters to you: delivering quality care and services to your residents and patients.
We counsel a wide range of Rocky Mountain-area health care providers, including acute care and specialty hospitals, ambulatory surgery centers, home health agencies, provider networks, group and concierge physician practices, management companies, hospices, physical and occupational therapists, nurses, dentists, health care professional and trade associations, and many others. We also offer tremendous experience in senior living, supporting continuing care retirement communities, assisted living and skilled nursing facilities, and home- and community-based service organizations to navigate complex federal and state laws. When working with our health care legal team, you’ll get the attention and value many national firms simply can’t offer.
Our experienced health care team helps you in three primary areas: getting set up, operating within regulatory guidelines and managing litigation. Because our focus is long term, our attorneys take the time to understand your issues and establish lasting relationships.
Creating a Solid Legal Foundation
Setting up a health care organization correctly saves you time, money and effort. Our health law 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 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
- Antitrust analysis and advice
- Transactional and contracting needs
- Regulatory policies and procedures
Health Care Compliance and Governmental Oversight
Operating within complex health care regulatory requirements and handling aggressive government oversight is essential. Because violations and noncompliance can result in large fines and penalties, our health care practice group works closely with you on referral and payment practices, employment and patient-related legal matters, survey and accreditation matters and more. Our attorneys offer practical strategies to ensure appropriate reimbursement and prevent violations of key state and federal regulatory matters. We 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
- Medicare and Medicaid laws
- Employment matters
- Workplace safety (OSHA)
- Plan of care issues
- Financing (HUD, tax exempt and conventional borrowing)
Health Care Litigation
Finally, our firm provides experienced litigation services for health care organizations. Our clients count on our insight and knowledge to minimize risk within the evolving regulatory system and the government’s oversight while also protecting their interests when disputes arise. Our attorneys produce good advice based on an in-depth understanding of many health care environments and routine handling of critical litigation.
As experienced health care litigators, we try cases in state and federal courts, before juries and judges or in administrative proceedings, before arbitration panels and in appellate forums. Because of the operational effects and costs of litigation, 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:
- Corporate governance
- Fiduciary obligations
- Insurance coverage
- Managed care
- Medical device
- Ownership disputes
- Employment matters
- Reimbursement disputes
- Unfair competition
Caplan and Earnest’s health law attorneys are well known in the Rocky Mountain region and provide assistance to policy makers and communities. Two of Caplan and Earnest’s attorneys have served as president of the Colorado Bar Association’s Health Law Section, and several have been routinely named as leading attorneys by U.S. News and World Report and Thomson Reuters. Our attorneys have also served on the board of CBA’s Health Law Section and to CBA’s Board of Governors in addition to the Executive Committee and Board of Directors of Continuing Legal Education in Colorado, Inc. All attorneys are members of American Health Lawyers Association and the American Bar Association’s Health Law Section. Caplan and Earnest attorneys have additionally served on a diverse range of community and organizational boards, including:
- Association of Health Care Auditors and Educators
- Council on Licensure, Enforcement and Regulation (as President-Elect)
- Denver Bar Association Board of Trustees (as Treasurer)
- CBA-DBA Joint Management Committee
- CBA Waterman Fund Board
- Colorado College Board of Trustees
Our attorneys are also frequent speakers and 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, including University of Colorado and Denver University.