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12/16/2014
Holland & Hart News Update
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.
12/12/2014
Author(s) - William Caile, and Chris Thorne
Holland & Hart News Alert
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.
12/12/2014
Author(s) - Bradford Williams
Holland & Hart News Alert
Should employers pay employees for time spent in mandatory, post-shift security screenings designed to deter theft?  Not according to a recent Supreme Court decision.
12/11/2014
Author(s) - Brandon Sendall
Holland & Hart News Update
The Constitution of the State of Nevada (Nevada Constitution) requires a tax on the net proceeds of resource extraction, but limits the amount of that tax to five percent. In last November’s election, Question 2 on the Nevada ballot posed the question whether the Nevada Constitution should be amended to remove the net proceeds cap. The measure failed by a margin of 49.7% in favor and 50.3% against.
12/11/2014
Author(s) - Kim Stanger
Holland & Hart News Update
Entities that employ or contract with physicians must ensure their agreements are structured to comply with the federal Ethics in Patient Referrals Act (“Stark”) if they intend to bill Medicare for services rendered or referred by the physicians. Under Stark, if a physician (or a member of the physician’s family) has a financial relationship with an entity, the physician may not refer patients to the entity for certain designated health services (“DHS”) payable by Medicare unless the financial relationship is structured to fit within a regulatory safe harbor. Entities may not bill Medicare for services improperly referred and, if they have done so, the entity must repay amounts improperly received. Failure to report and repay within 60 days may result in additional civil penalties of $15,000 per claim as well as False Claims Act liability. Repayments can easily run into the hundreds of thousands if not millions of dollars. Given the potential liability, it is critical that physician arrangements be structured to fit within the regulatory safe harbors.