Professional Statement:
Robert L. Coffield provides legal counsel to a variety of business and
health care clients. He provides counsel to hospitals, home health
providers, QIOs, clinics, physicians and physician groups, and health
care trade organizations.
Mr. Coffield represents health care providers involved in regulatory
litigation and compliance, certificate of need, privacy and security,
joint ventures, professional disciplinary and licensure matters,
technology issues, and other health and business law issues. Mr.
Coffield advises clients on implementing regulatory compliance policies
and procedures, HIPAA compliance, fraud and abuse, Stark, medical staff
and peer review issues, negotiating physician recruitment and employment
contracts and risk management matters. He represents health care and
business clients on corporate matters, corporate structuring,
transactions, joint ventures, formulation and dissolution and licensing.
Mr. Coffield understands and has experience in the application of
technology to the practice of law and medicine, including issues
surrounding social networking, the health 2.0 movement, privacy and
security of health data, the evolution and adoption of electronic health
record systems, implementation of health information systems and other
technology issues impacting the health care industry.
Governor Joe Manchin 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 legal issues that impact West Virginia news and information with a focus on West Virginia law.
Practice Areas:
Education:
Court Admissions:
Professional Involvement:
Awards and Honors:
-
The Best Lawyers in America - Health Care Law (2008 - Present)
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 & Lecturing:
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Health Care Information Privacy and Security Monitoring, Audits
and Investigations: How to avoid an investigation and what you should
expect if the state or federal officials call?
Lorman Educational
Services, Robert L. Coffield, Michael T. Harmon, Terri Barrett and Jack
L. Shaffer, Jr., Charleston, West Virginia, November 13, 2007.
-
Confidentiality and Privacy of Medical Information in West
Virginia,
Lorman Educational Services, Robert L. Coffield and Edward C.
Martin (Speakers), Charleston, West Virginia, August 6 2007.
- Privacy and Security Enforcement: Advice on Federal Civil
Enforcement Actions under HIPAA,
West Virginia Health Information
Management Association Annual Meeting, Robert L. Coffield, Charleston,
West Virginia, May 14, 2007.
- Open Healthcare - Learning to Live in the Brave New World:
Openness, Controversy and Crisis Management in Blogs and Social Media,
Healthcare Blogging Summit 2007, Panel Discussion: Dmitriy Kruglyak
(Moderator): CEO, Trusted.MD Network; Matthew Holt: Author & Consultant,
The Health Care Blog; Nicholas Jacobs, FACHE: CEO, Windber Medical
Center & Research Institute; Robert L. Coffield, JD: Member, Flaherty,
Sensabaugh & Bonasso, PLLC; Elisa Cooper: Whistleblower, formerly with
Kaiser Permanente; Las Vegas, Nevada, April 30, 2007.
- West Virginia's Prompt Payment Act and Other Health Law
Developments for West Virginia Hospitals, Revenue Cycle Meeting for the
West Virginia chapter of the Healthcare Financial Management
Association, Robert L. Coffield, Sutton, West Virginia, April 9, 2007.
- The Value of Blogging In Business, Charleston Area Alliance -
CEO Roundtable, Robert L. Coffield, Matthew Ballard and Skip Lineberg,
Charleston, West Virginia, April 4, 2007.
- Healthcare Blogging and Web 2.0: Understanding the Basics and
Exploring the Impact on the Healthcare Industry, Hospitals and Health
Systems Law Institute, American Health Lawyers Association, Robert L.
Coffield, Las Vegas, NV, February 5-7, 2007.
-
Healthcare Blogging - Facts & Issues Panel: Understanding Size,
Influence and Rules of the Healthcare Blogosphere, Healthcare Blogging
Summit 2006, Panel Discussion: Dmitriy Kruglyak (Moderator) Publisher,
The Medical Blog Network; Fard Johnmar, MA, Founder, Envision Solutions
LLC and Author: "The Emerging Healthcare Blogosphere, What Is It & Why
Does It Matter?"; Robert L. Coffield, JD: Member, Flaherty, Sensabaugh &
Bonasso, PLLC; First healthcare law blogger; John Mack, MA, MS, MPhil,
President, VirSci Corporation and Publisher, Pharma Marketing Network;
and Mike Smith, President, Michael Smith Business Development,
Washington DC, December 11, 2006.
-
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 & Publications:
- The Rise of the Personal Health Record: Panacea or Pitfall for
Health Information, American Health Lawyers Association - Health Lawyers
News, Robert L. Coffield and Gerald "Jud" E. DeLoss, Volume 12, Number
10, October 2008.
- Looking at Legality: Medical Records - New questions and
concerns are popping up around the legalities of EHRs and PHRs, By Beth
Walsh (quoted in article), August 11, 2008.
-
Social Media Notebook: Are Physician Blogs in a Legal and
Ethical Twilight Zone?, MD. Net Guide, Fard Johnmar, Envision Solutions
in collaboration with Robert Coffield, July, 2007.
-
Statutory Liens for Health Care Providers: The Effectiveness of
Laws Allowing Providers to Assert Liens on Settlements or Judgments from
Third Party Tortfeasors, Health Law Section, American Bar Association,
Alaina N. Stout and edited by Robert L. Coffield (2006)
- 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 -
HIPAA Drill Down Series), American Health Lawyers Association
(www.healthlawyers.org), 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;
January 1985, Thomas J. Allen, Dennis K. Smith and Anthony Ferrise;
Updated: August 1997, Robert L. Coffield, David L. Yaussy and
Timothy L. Pahl (1997)
- Real Property: Landowners' 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; January 1985,
Dan Doyle, Anthony Ferrise and Dennis K. Smith; Updated: August
1997, Robert L. Coffield, David L. Yaussy and Timothy L. Pahl (1997)
- The Benefits and Protections of
Reporting and Disclosure Policies, Robert L. Coffield. Second
Annual West Virginia Health Care Conference, Charleston, WV (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), H.L. Snyder and Robert L. Coffield.
Eastern Mineral Law Foundation (1996)
- Mechanics’ Liens For Land
Surveyors (A Review of the West Virginia Mechanics’ Lien
Statute & 1994 Legislative Amendment), Philip A. Reale
and Robert L. Coffield (1994)
Community Involvement:
- CAMC Foundation Gala, Corporate Sponsorship Committee (2007 - Present)
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