Colorado recently passed a law requiring all companies who sell durable medical equipment (DME) within the state, and who expect to be reimbursed under the Medicare program, to receive a license to operate. The license will be administered through the Secretary of State’s office, and the law will take effect January 1, 2015. While this law seems harmless enough (albeit a bit of an annoyance), it also requires companies to have a physical presence in, or within 50 miles of the state. This creates a critical problem for several DME companies who supply essential equipment to patients in Colorado but have no physical presence in the state. The law prohibits them from obtaining a license and legally supplying vital equipment to patients. This not only creates an undue burden on companies, but it denies patients access to equipment from companies who exclusively supply it.
On December 10, 2014, the Colorado Water Conservation Board (“CWCB”) submitted the first draft of “Colorado’s Water Plan” (the “Draft Plan”) to Governor John Hickenlooper pursuant to Executive Order D2013-05. The Governor’s Executive Order, issued on May 14, 2013, directed the CWCB to create the first-ever statewide water plan in response to an anticipated shortfall, or “gap” between available water supplies and future estimated demand, that could exceed 500,000 acre feet by 2050.