CMS Scrutinizing Hospital Use of New Modifier for ‘Clinically Unrelated’ Lab Billing

Officials from the Centers for Medicare and Medicaid Services announced recently that they are monitoring compliance in the use of the new L1 modifier when billing separately for “clinically unrelated” lab tests.

Use of the new modifier became effective July 1 and is intended for claims that are an exception to the typical Medicare packaging policy created for most outpatient lab […]


Health Care and the 2014 Colorado Legislative Session

The 2014 Colorado Legislative Session resulted in some key pieces of health care legislation, thanks in part to the improving economy, which allowed the legislature to address several long-term needs in the state’s health care system.

Those needs included developing a strategic plan for enrolling intellectually and developmentally disabled persons into programs; encouraging in-home support services for persons with spinal cord […]


IRS Adopts New Taxpayer Bill of Rights

IRS Commissioner John Koskinen announced the adoption of the Taxpayer Bill of Rights on June 10, 2014.

The list of rights is as follows:

The Right to be Informed
The Right to Quality Service
The Right to Pay No More than the Correct Amount of Tax
The Right to Challenge the IRS’ position and Be Heard
The Right to Appeal an IRS Decision in an Independent […]


CMS Creates an Open Door for Provider Inquiries

Many healthcare providers have been frustrated at the Recovery Audit Process applied to the fee for service claims submitted by their hospital and long term care facilities. The scuttlebutt about the Recovery Audit Contractors has not been positive, leading CMS to issue a “Program Myths” paper on December 17, 2012. This Program Myths description addressed the complaints about RACs that […]


Security Risks Raise Liability Questions for Hospitals

Recent media coverage of security risks to hospital equipment and systems, and the possibility of incredibly costly liability issues associated with those risks, serves as a timely reminder to hospitals and other health care organizations to strengthen policies and procedures created to protect the privacy and security of their patients and maintain compliance with the Health Insurance Portability and Accountability […]


Celebrating the Work of Professor Emily Calhoun

Sharon Caulfield, an experienced health care attorney with Caplan and Earnest, was asked last week to offer remarks at a retirement ceremony for Emily Calhoun, professor of law at the University of Colorado. Her remarks follow:

I am honored to be asked to join you to give credit to Emily Calhoun. 

Not often are we given permission to reflect over how the […]


Tax Exempt Entities Encouraged to Co-Locate Under Revised Colorado Law

Colorado tax exempt organizations often realize that it makes sense to share space. One organization may own a building while another could benefit from a non-profit oriented rental rate. A shared clientele might benefit from having both organizations under one roof. But Colorado law has not always made this co-location a good economic decision. A bill adopted by the 2014 […]


Six Caplan and Earnest LLC attorneys named to Super Lawyers list

Six attorneys from Caplan and Earnest LLC were selected for inclusion in Thomson Reuters’ Super Lawyers 2014, a designation that recognizes the top lawyers in Colorado. Each of the six attorneys has appeared previously on the prestigious list for their work in their respective practice areas.
Recognized as Super Lawyers:

Richard Bump, education law, has served the firm for 40 years, representing […]


Colorado Haiti Project Celebrates 25 Years

Some of us remember where we were 25 years ago, in 1989.  George H.W. Bush was President.  Baseball signed with the upstart ESPN network, Mark McGwire got his 100th home run, and Dwight Gooden won his 100th game.  Lech Walesa was negotiating for workers in Poland, and Nelson Mandela was invited to visit with then-South African President Pieter Botha to […]


Sharon Caulfield Named to AAHAM Board

Sharon Caulfield, an attorney with Caplan and Earnest LLC, was recently named to the board of the Colorado Chapter of the American Association of Healthcare Administrative Management, the state’s premier professional organization for healthcare operations managers.

Caulfield was named to the board as legal counsel. She has practiced health care law for more than 30 years. She also has a background […]