Presbyterian Healthcare Services

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ASSOCIATE GENERAL COUNSEL

at Presbyterian Healthcare Services

Posted: 8/4/2020
Job Reference #: 15126
Categories: Legal
Keywords: legal, contracts, law

Job Description

Requisition ID
2020-15126
Category
Legal/Compliance
Default: Location : City
Albuquerque
Location : Name
Rev Hugh Cooper Admin Center
Default: Location : State/Province (Full Name)
New Mexico

Overview

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.

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

Qualifications


Other information:
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. Provide advice and assistance to Board of Directors or Board of Trustees of the assigned organization or division. Periodic court appearances to support PHS interests. Provide legal advice as necessary for all PHS personnel. Provide 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. . Provide legal support in the negotiation, drafting and interpretation of agreements, contracts and other documents. Provide legal support for member and provider appeal and grievance proceedings, including IURB hearings and DOI and CMS inquiries. Provide legal support for quality management and peer review activities.

Requirements:
* JD required
* Must be a graduate of an accredited law school with preferably at least 15 years of experience as an attorney, with experience in the health care field.
* Substantial experience as a trial attorney with large case first chair experience and professional liability case work, preferably at least 15 years in the medical malpractice area.
* 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.


Benefits


Benefits
Benefits are effective day-one and include:

  • Competitive salaries
  • Full medical, dental and vision insurance
  • Flexible spending accounts (FSAs)
  • Free wellness programs
  • Paid time off (PTO)
  • Retirement plans, including matching employer contributions
  • Continuing education and career development opportunities
  • Life insurance and short/long term disability programs

About Us
Presbyterian Healthcare Services is a locally owned, not-for-profit healthcare system of nine hospitals, a statewide health plan and a growing multi-specialty medical group. Founded in New Mexico in 1908, it is the state's largest private employer with approximately 11,000 employees.

Presbyterian's story is really the story of the remarkable people who have chosen to work here. Starting with Reverend Cooper who began our journey in 1908, the hard work of thousands of physicians, employees, board members, and other volunteers brought Presbyterian from a tiny tuberculosis sanatorium to a statewide healthcare system, serving more than 700,000 New Mexicans.

We are part of New Mexico's history - and committed to its future. That is why we will continue to work just as hard and care just as deeply to serve New Mexico for years to come.

About New Mexico
New Mexico's unique blend of Spanish, Mexican and Native American influences contribute to a culturally rich lifestyle. Add in Albuquerque's International Balloon Fiesta, Los Alamos' nuclear scientists, Roswell's visitors from outer space, and Santa Fe's artists, and you get an eclectic mix of people, places and experiences that make this state great.

Cities in New Mexico are continually ranked among the nation's best places to work and live by Forbes magazine, Kiplinger's Personal Finance, and other corporate and government relocation managers like Worldwide ERC.

New Mexico offers endless recreational opportunities to explore, and enjoy an active lifestyle. Venture off the beaten path, challenge your body in the elements, or open yourself up to the expansive sky. From hiking, golfing and biking to skiing, snowboarding and boating, it's all available among our beautiful wonders of the west.

AA/EOE/VET/DISABLED. PHS is a drug-free and tobacco-free employer with smoke free campuses.

NW123

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