Robert L. Coffield
Member - Flaherty, Sensabaugh & Bonasso, PLLC
Robert L. Coffield focuses on providing legal counsel to a variety of business and health care clients. He provides counsel to hospitals, clinics, physicians and physician groups, home health providers and health care trade organizations.
Mr. Coffield represents health care providers involved in regulatory litigation, certificate of need matters, privacy and security complaints, mergers and acquisitions, joint ventures, licensure issues and OIG/DOJ investigations. Mr. Coffield advises clients on contracting issues, corporate HIPAA compliance, fraud and abuse, Stark, Medicare and Medicaid reimbursement, medical staff issues and risk management. He represented business clients on corporate matters, the establishment of limited liability companies and other corporate structuring, transactions, formulation and dissolution, licensing and information technology.
Governor Joe Manchin recently appointed Mr. Coffield to a four year term on the Board of the West Virginia Health Information Network (2006 - 2010), created to promote the design, implementation and operation of a fully interoperable statewide health network to facilitate public and private use of health care data. In addition, Mr. Coffield was selected to serve as the 2006-2007 Co-Chair for the American Health Lawyers Association’s Privacy and Security Compliance and Enforcement Health Information Technology Affinity Group. Prior to joining the firm, Mr. Coffield held the position of Assistant General Counsel for the West Virginia Health Care Authority (1998 – 2001).
Mr. Coffield is the author of Health Care Law Blog, an analysis and commentary on a variety of health care law related industry news and information with a focus on West Virginia law.
Practice Areas
- Health Care/Regulatory Compliance
- Corporate Transactions
- Government Relations
- Medical Malpractice
Education
- J.D., West Virginia University College of Law (1993)
- B.A., cum laude, English, Bethany College (1988)
Court Admissions
- United States District Court for the Southern District of West Virginia
- West Virginia Supreme Court of Appeals
Professional Involvement
- American Health Lawyers Association
- West Virginia Health Information Network, Board Member, appointed to a four-year term by Governor Joe Manchin (2006 – 2010)
- West Virginia Health Information Security and Privacy Collaborative Project
- West Virginia eHealth Initiative, Steering Committee Member (2005 – present)
- West Virginia Bar Association
- Kanawha County Bar Association
Representative Legal Work
- Represented a West Virginia hospital seeking a certificate of need involving the development of a comprehensive cancer center program.
- Represented a West Virginia nonprofit hospital in negotiations with a for profit hospital system to sell its facility in return for the construction of a new $80 million health care facility to serve the local community.
- Defended and settled a United States Department of Justice investigation involving two hospitals who allegedly allocated the market by dividing cancer and open heart related services to strengthen the provision of services in a rural setting and addressed related state action doctrine issues involving the West Virginia Health Care Authority’s certificate of need regulatory scheme.
- Represented and settled a class action involving a group of West Virginia hospitals who were alleged to be overcharging patients for copies of medical records under the statutory structure outlined in the West Virginia Code.
- Represented and advised multiple hospitals and physician groups on implementation of and compliance with the Privacy and Security Standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
- Represented a national home health care provider in a $4.5 million dollar acquisition of a West Virginia rural home health agency servicing a six county service area.
- Represented a national home health care provider in acquiring a certificate of need to acquire a West Virginia home health care provider for $4.5 million dollars.
- Represented a national home health care provider in for-profit and non-profit joint venture acquisition of hospital-based home health services.
- Represented and advised Quality Improvement Organization (QIO) on various state and federal issues involving Medicare and Medicaid quality and utilization review.
- Represented and advised an affiliated academic medical practice on privacy and security compliance, development of model policy and procedures and transitional issues under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
- Represented a regional emergency medicine provider on business and transactional issues, including formation of West Virginia entities, negotiation of various agreements and regulatory compliance matters.
- Represented a regional correctional medicine company on various litigation and compliance related matters, including compliance with the Privacy and Security Standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
- Sought and received an exemption from certificate of need review for a mobile ultrasound service provider in West Virginia.
- Represented physician in Medicaid related audit, investigation and settlement on billing and reimbursement issues.
- Represented a West Virginia ophthalmologist in the acquisition of an ophthalmology practice and eye care center.
- Represented nurse before the West Virginia Board of Registered Nurse on licensure and impaired provider issues.
- Assisted various hospitals, physicians and other health care clients with internal risk management and compliance investigations.
- Assist hospitals, physicians and insurance companies in seeking advisory opinion on proposed projects involving certificate of need approval.
Teaching and Lecturing
- Confidentiality and Privacy of Medical Information in West Virginia, Lorman Educational Services, Robert L. Coffield and Edward C. Martin, Charleston, WV (2006)
- Privacy & Informational Compliance Issues: HIPAA, FACTA, US PATRIOT Act and Workplace Legal Issues, West Virginia Society of Certified Public Accountants 14th Annual Conference for Industry & Governmental Professionals, Charleston, WV (2005)
- Confidentiality and Privacy of Medical Information in West Virginia, Lorman Educational Services, Robert L. Coffield and Edward C. Martin, Charleston, WV (2005)
- The Impact of HIPAA, FERPA and the USA PATRIOT Act of 2001 on Higher Education, Marshall University Graduate School of Education, LS745 Higher Education Law, South Charleston, WV (2005)
- Confidentiality and Privacy of Medical Information in West Virginia, Lorman Educational Services, Robert L. Coffield and Edward C. Martin, Charleston, WV (2004)
- Breaches of Confidentiality – A West Virginia Mock Trial, Thirteenth Annual Winter Conference, West Virginia Society For Respiratory Care, Canaan Valley, WV (2004)
- HIPAA’s Impact On West Virginia Providers and Health Plans: Privacy, Security and the Preemption of West Virginia Law, Lorman Educational Services Seminar, Charleston, WV (2003)
- Mock Trial & Case Study: HIPAA, Privacy & Confidentiality Issues in West Virginia, West Virginia Office Managers Association, Mountaineer Conference Center, Chester, WV (2003)
- HIPAA: Practicing Good Privacy and the Impact on Access Rights by Law Enforcement, Sexual Assault Nurse Examiner SART Conference, Marshall University Forensic Science Center, Huntington, WV (2003)
- HIPAA: Understanding the Impact on Law Firms, Southern & Northern Chapters of the WV American Association Legal Nurse Consultants (2003)
- HIPAA Compliance: Understanding and Implementing the Security and Privacy Regulations, Lorman Educational Services Seminar, Charleston, WV (2003)
- State Law and the New HIPAA Standards in West Virginia, Lorman Educational Services Seminar, Charleston, WV (2002)
- The Impact of HIPAA on West Virginia Physicians: Basic Understanding of the Standard Transactions, West Virginia State Medical Association, Privacy and Security Standards, Health Care Summit, White Sulphur Springs, WV (2002)
- HIPAA, Medical Compliance and the E-Revolution, Medical Education Services Seminar, Charleston, WV (2002)
- HIPAA: The Background and Basics of Administrative Simplification, Mountain State Blue Cross Blue Shield Group Health Plan HIPAA Awareness Meeting, Charleston, WV (2002)
- Administrative Simplification Section under the Health Insurance Portability and Accountability Act of 1996, Lorman Educational Services, Charleston, WV (2001)
- Overview of HIPAA Privacy Standards and West Virginia Prompt Payment Act, CME Presentation – Mercer County Medical Society, Bluefield, WV (2001)
- HIPAA, Medical Record Compliance and the E-Revolution, Medical Education Services Seminar, Charleston, WV (2001)
Writings and Publications
- The Impact of the Administrative Simplification Compliance Act: Extra Time for Physicians to Comply with the Transactions and Codes Set Standards, West Virginia State Medical Association (2002)
- The Background and Basics of Administrative Simplification: The Impact of HIPAA on West Virginia Physicians, West Virginia State Medical Association (2002)
- The HIPAA Privacy Standards: Practical Guidance on Identifying Business Associates (Health Lawyers – Drill Down Series), American Health Lawyers Association – Robert L. Coffield and edited by Kristen B. Rosati (2002)
- Real Property: Leasing Land for Hunting and Other Recreational Uses, Cooperative Extension Services, West Virginia University; R.D. Publication No. 726; Thomas J. Allen, Dennis K. Smith and Anthony Ferrise (January 1985); Updated: Robert L. Coffield, David L. Yaussy and Timothy L. Pahl (August 1997)
- Real Property: Landowner’s Rights and Responsibilities in West Virginia, Division of Resource Management, College of Agriculture, Forestry and Consumer Services, West Virginia University; R.D. Publication No. 702; Dan Doyle, Anthony Ferrise and Dennis K. Smith (January 1985); Updated: Robert L. Coffield, David L. Yaussy and Timothy Pahl (August 1997)
- The Benefits and Protections of Reporting and Disclosing Policies, Second Annual West Virginia Health Care Conference (1996)
- Termination and Abandonment of Oil & Gas Leases: Duties, Responsibilities and Deep Pockets (A Survey of Statutory and Common Law in Kentucky, Ohio, Pennsylvania, Virginia and West Virginia), Eastern Mineral Law Foundation, H.L. Snyder and Robert L. Coffield (1996)
- Mechanic’s Liens for Land Surveyors (A Review of the West Virginia Mechanics’ Lien Statute and 1994 Legislative Amendment), Philip A. Reale and Robert L. Coffield (1994)
Community Involvement
- CAMC Foundation Golf Classic, Planning Committee (2003 – 2006)
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