On November 9, 2016, Colorado voters approved Proposition 106, the “End of Life Options” measure. Modeled after Oregon’s “Dignity in Death” law, it allows a Colorado resident who is terminally ill to seek a prescription for a lethal dose of medication if two doctors certify that the resident is mentally competent and has less than six months to live. The detailed act consists of 23 separate statutes, and it addresses a number of issues that may raise important questions for health care providers. For example, under Section 118 of the law, health care facilities (specifically including long term care facilities) are expressly permitted to bar employed or contracted physicians from writing a prescription for the terminal medication; obviously, health care facilities will need to decide whether – and how – their physicians will be allowed to participate in the right-to-die process.
To read Proposition 106, the “End of Life Options” measure, please click here.
Look for updates from GRSM on key factors that health care providers must consider in upcoming weeks. The law is expected to become effective in December 2016.
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Joshua G. Urquhart is senior counsel in the firm’s Health Care practice group. His practice encompasses a wide variety of health care litigation and regulatory areas, with a particular focus on helping clients avoid and resolve disputes with federal and state health care regulators. Josh may be reached at jurquhart@gordonrees.com or (303) 200-6879.
Peggy E. Kozal is Of Counsel in the firm's Health Care practice group. Her practice focuses on healthcare regulatory and compliance litigation, Medicare/Medicaid certification and reimbursement, fraud and abuse, provider contracting, and licensure matters. She frequently represents a variety of health care professionals and entities, including long-term care facilities, assisted living facilities, home health agencies, hospices, federally qualified health centers, community health centers, behavioral health facilities, physician practices, medical spas, ambulatory surgery centers, hospitals and other health care providers. Peggy may be reached at pkozal@gordonrees.com or (303) 200-6888.
Thomas B. Quinn is an experienced trial lawyer having taken more than 50 trials to verdict. Mr. Quinn's trial and litigation experience includes numerous health care matters, fraud and abuse, government claims, regulatory disputes, product defect, deceptive trade, defamation, professional negligence and banking disputes. Tom may be reached at tquinn@gordonrees.com or (303) 534-5154.