MICHAEL J. FOLIO
Lexington
Summary
Senior legal professional with 30+ years in health care, advocacy, behavioral health, litigation, legislative drafting, data analysis, and management. Skilled in media outreach, public speaking, and juvenile matters.
Overview
25
25
years of professional experience
Work History
Legal Director
DISABILITY RIGHTS OF WEST VIRGINIA
08.2022 - Current
- Lead a team of 14 advocates and staff attorneys that resulted in a national award for uncovering patient abuse and neglect. Launched "Kid's First Initiative" that promotes legal action, regulatory reform, and stakeholder engagement among courts, clinicians, and children. Oversee media outreach and increased media coverage tenfold. Strategic planning and grant management. Successfully coordinated 5 major legislative initiatives. Serve on Supreme Court's Juvenile Justice Commission. Provide civil legal services involving litigation, guardianship, housing, public benefits, ADA, IDEA, and other children's' services. Conduct complex research on constitutional, juvenile, access, privacy, and jurisdictional issues.
Administrator & General Counsel
DANGEROUSNESS ASSESSMENT ADVISORY BOARD
07.2021 - 08.2022
- Managed Board operations, ensuring judicial compliance with guidance on less restrictive placements of forensic psychiatric patients and juveniles. Implemented a comprehensive risk management framework as Board member, reducing operational risks and promoting engagement. Board was established as part of mental health reform legislation that I drafted.
General Counsel Health Facilities
WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
06.2020 - 08.2022
- Worked with legislators and stakeholders to draft bills and legislative rules to reform West Virginia's forensic and civil commitment process for people with MI, DD, and SUD. Invited by the West Virginia Supreme Court and Public Defenders Services to provide education and training to judicial officers and public defenders about involuntary civil commitment, forensic commitment, and community continuum of care. Advised cabinet secretary, CEOs, medical staff, courts, and providers on CMS health care certification, TJC accreditation, OHFLAC licensure, EMTALA, health care contracting and staffing, medical staff, peer review, and health care facility operations and management. Oversaw compliance, accreditation, contract drafting, and policy development and enforcement. General Counsel to seven state health care facilities — acute care hospital, two psychiatric hospitals, and four nursing homes. Oversaw all litigation involving health care facilities.
Attorney Supervisor/General Counsel
WEST VIRGINIA DIVISION OF HIGHWAYS
06.2010 - 08.2019
- Secured key legal victories as lead attorney managing suits for $2.8B infrastructure initiative, directly impacting statewide economic growth. Litigator handling complex administrative claims and civil actions with over $100M in exposure. As General Counsel supervised over 35 attorneys, investigators, and professionals overseeing regulatory compliance, personnel actions, litigation, employee grievances, internal investigations, and agency initiatives involving roughly 5,000+ employees.
Non-Equity Partner
HUDDLESTON BOLEN
01.2010 - 06.2010
- Health care and litigation practice representing physicians and behavioral health care providers. Advised physicians on employment, medical staff, and insurance coverage issues.
Non-Equity Partner
OFFUTT NORD
11.2009 - 01.2010
- General civil litigation. Advised behavioral health care providers, physicians, and hospitals about risk mitigation initiatives, employment matters, and regulatory compliance.
Equity Member
LEWIS, CLASSER, CASEY & ROLLINS, PLLC
12.2000 - 12.2009
- Lead trial attorney representing physicians, hospitals, behavioral health organizations, and pharmacies in civil litigation, commercial transactions, and administrative proceedings. Health care practice involving ACGME, TJC, CMS, certificate of need, medical records review, licensure, disciplinary actions, peer review, privileging and credentialing, corporate restructuring, acquisitions, and contracting. Lead trial attorney in institutional reform litigation against the West Virginia Department of Health and Human Resources to successfully reform West Virginia's behavioral health system. Successfully defended chief of surgery in negligent credentialing matters that spawned over 120 malpractice suits with reported settlements of $100M+. Recovered over $14M in medical malpractice settlements.
Education
Pastoral Theology -
ST. MEINRAD SEMINARY & SCHOOL OF THEOLOGY
05-2016
Juris Doctorate -
UNIVERSITY OF AKRON SCHOOL OF LAW
05-1993
Bachelor of Arts - History and Political Science
WEST VIRGINIA UNIVERSITY
12-1986
Skills
Juvenile Advocacy
Legal Management
Complex Litigation
Health Care Law
Public Speaking
Legislative Drafting
Regulatory Review & Compliance
Timeline
Legal Director
DISABILITY RIGHTS OF WEST VIRGINIA
08.2022 - Current
Administrator & General Counsel
DANGEROUSNESS ASSESSMENT ADVISORY BOARD
07.2021 - 08.2022
General Counsel Health Facilities
WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
06.2020 - 08.2022
Attorney Supervisor/General Counsel
WEST VIRGINIA DIVISION OF HIGHWAYS
06.2010 - 08.2019
Non-Equity Partner
HUDDLESTON BOLEN
01.2010 - 06.2010
Non-Equity Partner
OFFUTT NORD
11.2009 - 01.2010
Equity Member
LEWIS, CLASSER, CASEY & ROLLINS, PLLC
12.2000 - 12.2009
Pastoral Theology -
ST. MEINRAD SEMINARY & SCHOOL OF THEOLOGY
Juris Doctorate -
UNIVERSITY OF AKRON SCHOOL OF LAW
Bachelor of Arts - History and Political Science
WEST VIRGINIA UNIVERSITY
Publications
- Monks and Mistletoes: Holiday Gifts From The Heart, The Herald-Dispatch (Dec. 2010)
- Waiting Game: President Obama 's Health Care Reform Law, West Virginia Executive (2010)
- 2010 West Virginia Legislative Review Service (Matthew Bender & Co. 2010)
- 2009 West Virginia Legislative Review Service (Matthew Bender & Co. 2009)
- 2007 West Virginia Legislative Review Service (Matthew Bender & Co. 2007)
- Guatemala, Sunday Gazette Mail (April 2007)
- 2006 West Virginia Legislative Review Service (Matthew Bender & Co. 2006)
- 2005 West Virginia Legislative Review Service (Matthew Bender & Co. 2005)
- Competitive Intelligence: Make Public Documents Work for You, Managed Care: A Guide for Physicians (March 1998)
- Prenuptial Planning for Your Next Managed Care Contract, Managed Care: A Guide for Physicians (Aug. 1996)
- Three New Kinds of Liability Stalk Managed Care, Managed Care: A Guide for Physicians (Nov. 1996)
- Protect Yourself by Protecting The Privacy Of Your Patients, Managed Care: A Guide for Physicians (May 1996)
- Contributing Editor, Managed Care: A Guide for Physicians (1996-1999)
- Cats and the Law, Cat Fancy Magazine (1994)
- The Politics of Strict Liability: Holding Manufacturers of Nondefective Saturday Night Special Handguns Strictly Liable After Kelley v. R.G. Industries, Inc.," 16 Hamline L.Rev. 147 (1992)
- Lawyers-Cooperative Publishing Company American Jurisprudence Awards in Evidence, Products Liability, and Civil Procedure.
Similar Profiles
JASON BAILEYJASON BAILEY
Executive Director at West Virginia Association for Disability EmploymentExecutive Director at West Virginia Association for Disability Employment
FATIMA PEREZFATIMA PEREZ
Assistant Advocate at Disability Rights California – Office of Clients’ Rights Advocacy, NLACRCAssistant Advocate at Disability Rights California – Office of Clients’ Rights Advocacy, NLACRC
Fatima B. PerezFatima B. Perez
Assistant Advocate at Disability Rights California, Office of Clients' Rights Advocacy - NLACRCAssistant Advocate at Disability Rights California, Office of Clients' Rights Advocacy - NLACRC
William Seward IIIWilliam Seward III
Welder/Welding Fabricator at Construction Implements DepotWelder/Welding Fabricator at Construction Implements Depot
Cassandra BuchananCassandra Buchanan
Pre-School Paraeducator at Mary Todd Elementary SchoolPre-School Paraeducator at Mary Todd Elementary School