Colo. Med. Soc’y v. Hickenlooper – June 2015 (Summary)

SUPERVISION OF CRNA SERVICES

Colo. Med. Soc’y v. Hickenlooper, Supreme Court Case No. 12SC671 (Colo. June 1, 2015)

The Supreme Court of Colorado affirmed the dismissal of a lawsuit brought by the Colorado Medical Society and Colorado Society of Anesthesiologists, both of which were challenging the governor’s decision to opt out of the requirement, under federal regulations, that hospitals, critical access hospitals, and ambulatory surgery centers may bill Medicare for anesthesia provided by CRNAs only if those CRNAs are supervised by a physician. While the court held that the medical associations did have standing, it found that they failed to state a claim. Notably, the court clarified that the governor’s decision to opt out of the federal regulations’ requirement for CRNA supervision did not constitute an interpretation of Colorado law governing the supervision of CRNAs (a matter which was disputed by the medical associations and governor).