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

Ethical Dilemmas for Attorneys in the Wake of the Yates Memorandum

Dear Colleagues, I wanted to share an article that one of our respected attorneys wrote that I think you will find of interest. Meghan Pound, experienced health care attorney with Caplan and Earnest, recently published this insightful article on the Yates Memorandum for Fraud and Abuse, a publication of the American Health Lawyers Association Fraud and Abuse Practice Group. Meghan [...]

By |2016-12-27T11:06:20-06:00July 27, 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 |2016-12-27T11:06:27-06:00February 12, 2016|

Lawmakers Introduce Bills to Enact Colorado End-of-Life Options Act

On Jan. 13, 2016 the Colorado House of Representatives and the Colorado State Senate introduced identical bills—HB 16-1054 and SB 16-025—that enact the Colorado End-of-Life Options Act. The act allows terminally ill, adult Coloradoans to request a prescription for aid-in-dying medication, and authorizes their physicians to prescribe such medication. Of important note, health care providers are not obligated to prescribe [...]

By |2016-12-27T11:06:28-06:00January 20, 2016|

Eligible Health Care Providers Must File a Review Request by Dec. 16 to Avoid 2016 Medicare Penalties

What: Certain health care providers may be subject to Medicare payment penalties of 2-4 percent in 2016. Who: All eligible health care providers, individuals and group practices, who participate in the Physician Quality Reporting System (PQRS). This includes: “Medicare physicians,” e.g. chiropractors, dentists, podiatrists, medical doctors and others; “practitioners,” e.g. clinical social workers, registered dietitians, audiologists, nurse practitioners and others; and speech, [...]

By |2017-04-10T16:27:23-06:00December 7, 2015|

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 |2016-12-27T11:06:35-06:00September 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 |2016-12-27T11:06:37-06:00June 25, 2015|

Court Rules Employers May Terminate Employees for Medical Marijuana Use

The Colorado Supreme Court recently issued a highly anticipated decision regarding employee use of medical marijuana. In the case, Coats v. Dish Network, Colorado’s highest court held that employees can be terminated for the off-duty use of medical marijuana. The Plaintiff, Mr. Coats, is a quadriplegic and has been confined to a wheelchair since he was a teenager. In 2009, [...]

By |2016-12-27T11:06:37-06:00June 17, 2015|

IRS Releases Final Regulations for Tax-Exempt Hospitals

Pursuant to the Affordable Care Act of 2010 (ACA), the Internal Revenue Service recently released final regulations regarding additional obligations for nonprofit hospitals that claim tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (IRC). In order for such hospitals to maintain tax-exempt status under IRC Section 501(c)(3), they must comply with the new requirements set forth in IRC Section 501(r), which include [...]

By |2017-01-10T08:47:52-06:00January 12, 2015|