[Hiring] Associate Counsel @Texas Health & Human Services Commission

Role Description

Join the Texas Health and Human Services Commission (HHSC) and be part of a team committed to creating a positive impact in the lives of fellow Texans. The Associate Counsel (Attorney III) is responsible for a case load of 25-35 moderately complex civil administrative cases. The Attorney will be in charge of various administrative exclusion and/or sanctions cases involving complex to moderately complex issues that include:

• Procedural issues
• Evidentiary issues
• Fact scenarios that require litigation experience

Once a case moves into the litigation phase, the Attorney III will be responsible for all aspects of preparing and litigating the case, including:

• Preparation of pleadings
• Written discovery
• Motions
• Trial briefs
• Necessary orders

The attorney will also take and defend depositions and examinations under oath and assume first chair trial responsibilities. The attorney will assist in coordination of the trial team, which will be composed of a legal assistant and one or more additional attorneys. The trial phase may also include mediation and/or informal resolution conferences. The attorney will be required to keep management advised of all aspects of the case.

In addition to these duties, the Attorney III will provide research and assistance in other areas as assigned and as needed.

Qualifications

• Graduation from law school approved by the Supreme Court of Texas with a Juris Doctor (J.D.) degree
• Licensed in good standing with the State Bar of Texas

Requirements

• Minimum of three (3) years of experience as a licensed attorney
• Minimum of two (2) years of litigation, healthcare law, and/or administrative law experience

Preferred

• Experience in planning and developing investigations and/or litigation related to health care fraud involving Medicaid or Medicare
• Experience in performing legal research and analysis and drafting legal opinions, briefs, pleadings or other legal memoranda
• Experience in coordinating with multi-state, federal and state administrative and law enforcement agencies
• Familiarity with state and federal healthcare law criminal prosecutions and/or state and federal civil qui tam lawsuits, including litigation and resolution/settlement phases
• Familiarity with fraud, waste and abuse investigations

Essential Job Functions

• Litigate matters before the State Office of Administrative Hearings (SOAH) or the Health and Human Services Commission Appeals Division, including drafting pleadings and written discovery, taking and defending depositions, witness preparation, and hearings. (25%)
• Case evaluation, preparation, research, and evidence gathering for litigation while keeping the options open to explore settlement. (40%)
• Resolving matters by agreement via Informal Resolution Meetings (IRMs) or mediation. (10%)
• Liaise with the Medicaid Fraud Control Unit (MFCU) and Healthcare Program Enforcement Division (HPED) at the Office of the Attorney General (OAG) and various state and federal prosecutors. (10%)
• General legal research. (10%)
• Other duties as assigned. (5%)

Knowledge, Skills, and Abilities

• Knowledge of trial and/or administrative hearings procedures
• Knowledge of discovery rules and procedures
• Knowledge of evidentiary and procedural issues
• Skill in planning, organizing, and managing litigation
• Skill in legal research, writing, and analysis
• Skill in handling multiple projects and meeting tight deadlines
• Skill in demonstrating sound judgment
• Skill in identifying problems, evaluating alternatives, and implementing solutions
• Skill in working collaboratively and cooperatively with client representatives, government employees, and stakeholder groups
• Skill in performing research using resources including, but not limited to Westlaw, LexisNexis, PACER, administrative agency and court case management systems, and legislative reference sources
• Skill in use of computer software applications including, but not limited to Microsoft Office (Outlook, Word, Excel, PowerPoint, and Teams), Adobe Acrobat Pro, and database programs
• Ability to analyze complex factual and legal issues related to a wide variety of federal and state laws
• Ability to organize and manage multiple tasks of varying priorities and to make efficient use of time and resources
• Ability to communicate effectively with a wide range of audiences both orally and in writing
• Ability to maintain effective and collegial relations with all levels of management, staff, and the public

Additional Information

• All applicants selected to interview will be required to submit a legal writing sample and references
• The OIG is responsible for preventing, detecting, auditing, inspecting, reviewing, and investigating fraud, waste, and abuse in the provision of services in Medicaid and other HHS programs
• Potential employees of OIG are subject to criminal background checks in accordance with the HHSC Human Resources policy
• Selected applicants must complete a national fingerprint-based criminal background check through the Texas Department of Public Safety (TDPS) and Federal Bureau of Investigations (FBI) to determine if they have criminal history record information that constitutes a bar to employment
• Any employment offer is contingent upon available budgeted funds
• The offered salary will be determined in accordance with budgetary limits and the requirements of HHSC Human Resources Manual