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Associate General Counsel

Company: Presbyterian Healthcare Services (phs)
Location: Albuquerque
Posted on: September 12, 2020

Job Description:

Are you an experienced  litigator who has worked closely with a large, integrated healthcare system OR  an attorney who has experience managing litigation within an integrated healthcare system?

Our collegial, collaborative, and integrated department offers  a unique opportunity to be involved not only with medical malpractice litigation, but with all areas of litigation risk for the organization.

The Associate General Counsel will be a well-rounded leader and have a significant role within the organization, with visibility and interaction with senior leaders - advising and developing strong relationships.

Summary:

Reporting to the Senior Vice President and General Counsel, this in-house position provides legal advice and assistance on complex and routine legal matters, primarily related to litigation, but also including matters of health law, involving Presbyterian Healthcare Services (PHS) and Presbyterian Health Plan. Litigation matters may include Federal and State law.

As a recognized company authority, provides expert legal services to one or more major departments or functions and/or performs special legal assignments of major importance in a highly complex legal field. Provides advice and assistance to Board of Directors or Board of Trustees of the assigned organization or division. Periodic court appearances to support PHS interests. Provides legal advice as necessary for all PHS personnel. Provides education about legal and ethical issues to organizations assigned. Provide backup coverage for the Attorneys assigned to other areas provides in-house counsel, compliance guidance, advice and services to PHP and PHS regarding healthcare laws and regulations, appeals and grievances, contracting, medical staff issues, patient issues and policies and procedures. Provides legal support in the negotiation, drafting and interpretation of agreements, contracts and other documents. Provides legal support for member and provider appeal and grievance proceedings, including IURB hearings and DOI and CMS inquiries. Provides legal support for quality management and peer review activities.

Responsibilities:

Direct and manage all the organization's litigation. Oversee the litigation process and advise on case strategy, resolution and reserving processes, interacting with and appointing external counsel for the best possible case resolution

Identify, analyze and advise on legal issues for the organization; use business and legal judgment to balance an appropriate level of risk against the business needs in a particular situation

Assessing liability, selecting and actively managing outside counsel, drafting pleadings and motions, preparing witnesses, participating in, conducting or directing depositions and hearings, participating in or conducting trials, assist in gathering information and formulating responses to written discovery;

Provide direction to outside counsel to ensure consistency in approach and response while minimizing risk and liability exposures; establish expectations, guidance for PHS work and fees for outside counsel

Responsible for managing outside counsel fees, obtaining required authority from PHS Claims Authority Group or Senior Leaders for decisions related to general litigation and resolution, and providing regular status updates to leadership

May also provide direction to junior attorneys, paralegals, claim analysts and adjusters and /or support staff

Review and research applicable law and interpret and apply judgment to particular situations

Assist in protecting an organization's legal interest and maintaining its operations within the scope established by law. Provides hands-on counsel to all levels of executive staff.

Operate within the framework of allowable corporate behavior and legal and regulatory compliance

May analyze both established and pending legislation that impacts the company and assist the company in responding to inquiries from government agencies

Assist with preparation and management of department budget, self-insurance retention projections

With the Director of Risk Management, direct the work of claims analysts and clinical risk managers to resolve claims and litigation

Work with the appropriate departments and other attorneys to resolve claims, contract disputes and litigation, including providing legal advice

Advise on establishing and maintaining claims reporting procedures

Advise and coordinate with insurance brokers and insurance carriers on policy provisions and claims coverage

Verify and interpret insurance policy provisions and coverage

Prepare National Practitioner Data Bank reports as required

Oversee negotiations and settlements within authority

Oversee the Claims Authority Group function and agendas to ensure timely authority and approvals for claim resolution

Collaborate with the Quality Department and Patient Safety Department on disclosure of adverse events when warranted

Collaborate with the Quality Department and Patient Safety Department on risk trends, quality initiatives and the protection of Quality information under State law.

Draft, review, analyze and negotiate complex legal documents

Provide advice and counsel on a wide variety of corporate and commercial issues arising in day to day operations

Interface with senior executives and members of health system boards of trustees on a broad range of legal risk and compliance matters

Prepare and review legal opinions, pleadings, responses, legal opinions and other documents

Assist in the development of certain health system policies and procedures

Conduct educational programs on legal issues for PHS employees committees, departments and staff. For example, may be asked to provide in-house counsel, compliance guidance, advice and services to PHP and PHS regarding healthcare laws and regulations, appeals and grievances, contracting, medical staff issues, patient issues and policies and procedures.

Work involves facts that are open to various interpretations; applicable precedents may not exist and the law does not relate to or regulate the particular situation. Matters in question usually have a significant impact on organization operations, strategies, or profitability. This is a recognized expert in complex fields of the law. Opinions and guidance are sought by other attorneys doing work in related areas.

Typically has an in-depth understanding of the organization's operations and interrelationships. Works closely with officers and top management as well as front-line staff to advise them on changes in laws and regulations, evaluates their impact, and develops the company's positions on such changes. Conducts strong legal analysis to build positions and cases that can prevail in court. Creates and finds interpretations and strategies that can accomplish the uncommon in the law. Frequently needs to give immediate answers from accumulated knowledge and experience without the opportunity to research the law. May direct major and unique company litigation.

Requirements

JD required

Must be a graduate of an accredited law school with preferably at least 10-12 years of experience as an attorney, including significant healthcare and/or health insurance experience.

Substantial experience as a trial attorney with large case first chair experience and professional liability case work, preferably at least 10 years in the medical malpractice area .

Must be either: A seasoned law firm litigator who has worked closely with a large healthcare company, or

an attorney in a similar role within an integrated healthcare system.

Must be a member in good standing of the New Mexico State Bar or willingness to become a member of NM Bar within the first year of hire.

Working knowledge of the Review Organization Immunity Act, 41-9-1 TO 41-9-7 NMSA (1978), New Mexico Patient Compensation Fund and New Mexico Medical board proceedings

Proven experience developing and maintaining internal and external client relationships

Self-directed with a high degree of attention to detail, ability to multitask and prioritize

Able to establish and maintain cooperative working relationships with Risk Management and other members of the Legal/Compliance/Risk team

Relies on extensive experience and judgment to plan and accomplish goals.

Performs a variety of complicated tasks.

Leads and directs the work of others.

A wide degree of creativity and latitude is expected.

Job Information

Job ID: 54182425

Position Title: Associate General Counsel

Company Name: Presbyterian Healthcare Services

Job Type: Full-Time

Job Duration: Indefinite

Min Education: Juris Doctor

Min Experience: Over 10 Years

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Keywords: Presbyterian Healthcare Services (phs), Albuquerque , Associate General Counsel, Other , Albuquerque, New Mexico

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