Robert L. Coffield

• 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 a group of West Virginia hospitals in a class-action suit 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 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.

• Fellow, American Bar Foundation
• Listed, The Best Lawyers in America©, Health Care Law (2008 – 2022)
  • 2014 – Lawyer of the Year – Charleston, WV – Health Care Law
  • 2020 – Lawyer of the Year – Charleston, WV – Health Care Law
• West Virginia Super Lawyers (2010 – 2021)
• Listed, Chambers USA, Corporate/Commercial: Healthcare (2010-2021)

Healthcare is one of the most regulated, complex and technology-dependent sectors in today’s economy. Flaherty’s Healthcare Regulatory, Transactions & Compliance group is well-positioned to address the magnitude of issues affecting all segments of the healthcare industry, including hospitals, physicians, long-term care providers, physical therapists, correctional health care professionals, nurses, dialysis providers, home health providers and others in the healthcare provider community.

As a key player in defense of medical malpractice and other litigation-related matters, our attorneys have unique insight into the health care industry. We understand the importance of assisting our clients in planning and meeting their regulatory obligations, focusing on business matters and effectively addressing operational issues. To better position our healthcare clients to avoid litigation, our role is to address non-litigation legal matters, whether regulatory, transactional or compliance-related.