Steve Kabler, co-chair of Jones & Keller’s health law section recently co-authored an article published in the Journal of the Colorado Dental Association discussing the recent changes to HIPAA.
Posted with permission by the Journal of the Colorado Dental Association.
The Securities and Exchange Commission announced today that companies can use social media outlets like Facebook and Twitter to make news announcement in compliance with Regulation FD (Fair Disclosure), if investors have previously been told which social media the company will be using, and who’s feed to monitor. Regulation FD requires companies to distribute important news in a manner designed to get that information out to the general public, so that all investors have the ability to get important news at the same time.
In a case of first impression under the 36-year old state Professional Review Act (the “Act”) governing physicians, Jones & Keller senior litigator Tom McMahon won a precedent-establishing victory in the Colorado appellate courts that will benefit doctors throughout Colorado. The Act provides that, as a general rule, peer review materials are privileged and not subject to subpoena or discovery in civil lawsuits.
As most doctors are aware, the Colorado Board of Pharmacy maintains the Prescription Drug Monitoring Program (PDMP), which provides a database of controlled substance prescriptions dispensed by Colorado pharmacies. Access to the PDMP is limited to a defined set of circumstances. This is important because a provider who improperly accesses the database is subject to significant penalties, including fines and criminal charges. Specifically, a person who improperly obtains information is subject to a civil fine of up to $10,000 each. Violators may a
In my last post I commented on the Harvard Shareholder Rights program’s misguided effort to eradicate classified boards of directors. Today, theRacetotheBottom commented on a paper by Margaret Blair, “Corporate Law and the Team Production Problem“, challenging the dominate scholarly view over the last few decades that the sole purpose of a corporation is to maximize value for its shareholders.
The Harvard Law School Shareholders Rights Project recently issued joint press releases with five institutional investors announcing the submission during the 2012 proxy season of proposals to more than 80 S&P 500 companies with staggered boards, urging that their boards be declassified, according to an article by Martin Lipton and Theodore Mirvis posted on the Harvard law School Forum on Corporate Governance an
In a little noticed case reported on December 19, 2011, Condo v. Conners, the Colorado Supreme Court issued a decision on a common contract drafting problem – the effect of an anti-assignment clause.
Just like every other segment of the population, Colorado physicians are not immune from making the mistake of drinking and driving. Unlike other segments of the population, however, a DUI or other alcohol related offense can result in professional discipline. So, what do you do if you are a licensed health care provider who gets a DUI?
Every year or so, the Colorado Board of Medical Examiners releases a “Board Action Summary” showing the number and types of disciplinary actions over the prior decade. The most recent summary (from June 2009*) reveals a trend towards more severe discipline for doctors and physician assistants over the past several years. The BME licenses more than 23,000 physicians and physician assistants. Statistically, the number of complaints received is relatively small (778 complaints in 2009) with about 3–6% of licensees receiving complaints in any given year. In rec