• West Virginia

• U.S. District Court for the Southern District of West Virginia
• U.S. District Court for the Northern District of West Virginia
• U.S. Court of Appeals for the Fourth Circuit
• West Virginia Supreme Court of Appeals

• West Virginia University College of Law, J.D., 1986
• Harvard University, B.A., 1981, cum laude

Chuck is a member in the corporate department.  Chuck has extensive experience representing healthcare providers, businesses, financial institutions, coal companies, energy development firms and other businesses in commercial matters, including complicated transactions and agreements. His practice covers all aspects of corporate, commercial, real estate, health care and mineral and energy development matters.

Chuck represents hospitals, behavioral health facilities, nursing homes and physicians in West Virginia regarding all aspects of regulatory and corporate compliance, including HIPAA, certificate of need, rate review, managed care contracts, reimbursement disputes, licensing and fraud and abuse issues. He also advises clients on the legal challenges of nonprofit organizations, including seeking and maintaining tax exempt status, maintaining publicly supported charity status, executive compensation and excess benefits transaction issues, and corporate governance matters.

Chuck routinely represents and advises clients on general corporate matters, including the formation, operation, and related business planning for closely held corporations, limited liability companies and other business organizations. He counsels businesses on various state and local tax issues related to their organization and operation.  He represents businesses and individuals as to succession planning issues.  He represents individuals in end of life planning.

Chuck routinely is involved in complex commercial transactions and loans.  He represents financial institutions in complex loan workouts, foreclosures, collection actions and bankruptcy proceedings.  He represents commercial developers and owners with leasing, financing, land use, and repossession issues. He has served as bond counsel and issuer's counsel on several tax-free bond issuances in West Virginia. Chuck has represented international lenders in the financing of large scale wind energy projects. He frequently advises clients on complex commercial transactions, focusing on the health care, technology and the mineral and energy development industries. He represents clients in mergers and acquisitions, leases, joint ventures, debt financing (domestic and international) and bond financing. He also represents lenders and borrowers in distress and workout arrangements.

Chuck was a former counsel to the West Virginia Health Care Authority, responsible for certificate of need, rate review for hospitals, and financial disclosure matters. 

He enjoys mountain biking, coin collecting, music, wine tasting, gardening, reading, and photography.

Experience

Previous experience includes:

Pressley Ridge
General representation of child care agency regarding licensure, reimbursement, certificate of need, employment, risk management and administrative and civil litigation.

Sun Trust Bank
Collection, loan workout, foreclosure, bankruptcy and regulatory matters in West Virginia.

Northwood Health Systems
General representation regarding licensure, certification, reimbursement, administrative and civil litigation, non-profit governance and other issues related to behavioral health services.

National Hospital Group
Enforce physician recruitment agreement and collect related loan.

Fortis Capital Corp. and Banco Bilbao Vizcaya Argentaria, S.A.
West Virginia lender's counsel for approximately $600 million loan to finance the NedPower Mount Storm Wind Energy Project, multi-faceted review of complex transactions; environmental and real estate due diligence for lenders.

International Research Firm
Comprehensive and rapid response to data breach under HIPAA and State disclosure and breach notification laws, including mitigation, risk management, and advice regarding privacy and security issues.

Home Health Agency
Certificate of need and licensure and certification issues related to the development and expansion of home health agency.

Nursing Home Group
Advice concerning all aspects of acquisition of nursing home facilities, including certificate of need and licensure and certification issues.

West Virginia Behavioral Health Care Providers Association
Represent the WVBHCPA is filing an amicus brief in support of reforming system of care.

Behavioral Health Facility
Successfully represent provider in civil and administrative litigation regarding closure efforts and multiple sanctions by several State agencies, including licensure, fraud and abuse, certificate of need, malpractice, reimbursement, and civil rights issues.

Lender Liability
Advice to banks and financial institutions regarding lender liability, including environmental concerns upon foreclosure.

Life Line Screening of America
Obtained statewide Certificates of Need for development of mobile health screening services.  Obtain favorable rulings are to expansion of services.

Behavioral Health Care Facility
Respond to stolen laptop and inadvertent data breach under HIPAA and State disclosure and breach notification laws, including mitigation, risk management, and advice regarding privacy and security issues.

Large Coal Company
Represent coal company regarding all aspects of acquisition of coal leases and related real estate and mineral issues.

Oil and Gas Owners
Represent mineral owners in civil litigation to declare their ownership interests and to collect unpaid royalties.

Beckley Surgery Center, Inc.
Successful in obtaining a certificate of need for a new ambulatory surgical center.  Advice concerning Certificate of Need, Stark, and other regulations.

International Resort
Loan closing on loan in excess of $40 million to fund construction of an international casino.

Home Health Agency
Certificate of need and licensure and certification issues related to the acquisition of an existing home health agency, and issues related to potential certificate of need violations.

Atlantic Development & Capital LLC
Acquisition of coal and other assets in excess of $80 million.

Monongalia County Building Commission
Issuers counsel for several bond issuances for health care providers to fund capital improvements. 

Large Regional Cardiothoracic Surgeon Group
Negotiate contractual agreements with large national hospital chain related to development of new open heart surgery program.

Calyon New York Branch
Represent lender regarding $80 million credit agreement related to financing of coal company.

Related Coal Companies
Conducted and prepared reports on environmental audits for the purchase of numerous coal properties.

Arch Mineral Corporation; Atlantic Development & Capital, Ltd.
Representation of creditors and purchasers of assets in bankruptcy cases, including lease termination, permit transfer, and defense of claims by contractors.

Spanish Technology Foundation
Organization of U.S. subsidiary of technology foundation based in Spain. 

Assisted Living Facilities
Served as West Virginia Counsel for acquisition of assisted living facilities, including licensure, certificate of need and other compliance issues.

• BV® Rated, Martindale-Hubbell®

• West Virginia State Bar 
     Law and Medicine Committee, Chair
     Administrative Law, Energy Committee
• Kanawha County Bar Association
• American Bar Association, Member, Health Care Law Section
• West Virginia Chamber of Commerce
     Member, Health Care Committee
     Member, Energy Committee
• West Virginia Defense Trial Counsel, Commercial Litigation Committee, Member
• American Health Lawyers Association,
     Long Term Care Committee; Health Information & Technology Committee
• Energy and Mineral Law Foundation
• West Virginia Bankers Association
• West Virginia Hospital Association
• West Virginia Coal Association
• Independent Oil & Gas Association

Past

• Harvard Club of West Virginia, President, 2010-2013; Executive Committee, 2004-Present; Treasurer, 2004-2010
• Country Villas Owner Maintenance Association, President, 2009-2011
• Friends of Harvard Track
• West Virginia Blues Society

"Reporting Suspected Crimes in Nursing Homes and LTC Facilities"--Presented at West Virginia Health Care Association, Managing the Changing Legal Landscape, Charleston, October 11, 2011.

"Accountable Care Issues Update" --Presented at Health Executives Network,  Executives Directors Meeting, Louisville, August 25, 2011.

"Accountable Care Organizations:  The New ACO Regulations"--Presented at Frost Brown Todd Accountable Care Organizations Seminar, Indianapolis, June 30, 2011.

"New Rules Could Jump-Start Shared Savings Program,"  West Virginia State Journal, May 27, 2011.

"Accountable Care Organizations:  The New Rules; Nuts and Bolts in Developing ACOs" --presentation at Health Law 2011 Seminar sponsored by WVU College of Law and the Law and Medicine Committee of the WV State Bar, May 20, 2011.

"Attorney says time will tell if ACOs are good for W.Va.," The Record, April 27, 2011.

"CMS Proposed Rules Provide Framework for Organizing Accountable Care Organizations,"  April, 2011. 

"Risk Management for Nursing Homes and Long Term Care Facilities," West Virginia Health Care Association, April 19, 2011.

"HIPAA and HITECH Update" and "Responding to Subpoenas and Search Warrants,"  Health Care 2010 CLE, March 19, 2010.

"Special Issues Regarding Disclosure and Release of Medical Records" and "Responding to Subpoenas," October 30, 2008.

"Mediation Training, American Health Lawyers Association, February 1, 2005.

"Health Law in West Virginia, Presentation on Voluntary Disclosures Under the OIG's Provider - Self-Disclosure Protocol, Update on HIPAA, Merging and Acquiring Medical Practices," Health Law in West Virginia, December 16, 2003.

"What Defense Counsel Needs to Know about HIPAA Privacy Provisions," Annual Meeting of West Virginia Defense Trial Counsel, May 31, 2003.

"Mental Health and the Law - HIPAA, Balancing the Rights of Minors, Parents and Providers," Mental Health and the Law, January 31, 2003.

"HIPAA," Presentation to the West Virginia Child Care Association, December 10, 2002.

"HIPAA Privacy Provisions - Confidentiality of Medical Records in West Virginia" July 12, 2002.

"Ethical Considerations, Confidentiality Issues, HIPAA, Responding to Subpoenas and Law Enforcement Personnel," Exploring Current Issues in Health Care Law, April 12, 2002.

"Mental Health and the Law - Balancing the Rights of Minors, HIPAA," January 16, 2002.

"Corporate Compliance - Proactive Approaches to Minimizing Risk and Fraud Exposure; The Rehab Option in Medicaid," National Council for Community Behavioral Health Care, March 31 - April 3, 2001.

"The Emergency Medical Treatment and Active Labor Act: A Closer Look at Regulations and Implications for Hospitals and Medical Staff," March 21, 2001.

"Professional Liability; Responding to Subpoenas and Court Orders - Mental Health and the Law," November 14, 2000.

"Confidentiality of Medical Records," West Virginia Medical Journal, July/August 2000.

"EMTALA Anti-Dumping Update: Laws and Regulations," West Virginia Hospital Association, February 10, 1999.

"Common Health Care Transactions - An Overview of State Agency Involvement," Commercial Law Institute, August 25, 1997.

"Legal Issues in Hospital - Physician Affiliation and Integration," June 20, 1996; August 25, 1997.

"State Medicaid Actions Ruled Unconstitutional," Summer, 1997.

"How to Minimize Hospital and Physician Liability for COBRA Violations," Second Annual West Virginia Health Care Conference, June 1996.

"Managed Care and Integration of Physician Practices in West Virginia," January 25, 1996.

"Overview of Managed Care and Integrated Delivery Systems in West Virginia," First Annual West Virginia Health Care Conference, June 1996.

"The Mechanics of Networking and Survival in a Managed Care Marketplace - Integration and Affiliation of Physician Practices," August 25, 1994.

"Confidentiality of Medical Records in West Virginia - AIDS, Alcohol and Substance Abuse and Behavioral Health Records," 1994-1998.

"Certificate of Need Issues for Behavioral Health Providers," 1994.

"FTC Delays Enforcement of Red Flags Rule Until August 1,2009 for Health Care Providers Who Extend Credit to Patients," May 5, 2009

"Leveraging Our Investment in Behavior Health Care,"  The West Virginia Record, February 12, 2009

"The Economics of the Certificate of Need Program: Not So Simple?" January 30, 2009

"Compliance with the FTC's Identity Theft Red Flag Rules Required for Healthcare Providers Who Extend Credit to their Patients," October 28, 2008

"Continuation of Certificate of Need," Policy Statement Drafted for West Virginia Chamber of Commerce, January 15, 2007.

"New CON Strategies for Cardiac Surgery," M.D. News, January, 2002.

"DHHS Issues First Guidance on HIPAA Patient Privacy Provisions," M.D. News, November, 2001.

"Physicians at Risk for Monetary Penalties for EMTALA Violations," M.D. News, August, 2001.

"Pressley Ridge Schools Granted Affirmative Relief," Fall, 1997.

"State Medicaid Actions Ruled Unconstitutional," Summer, 1997.