Associate Counsel

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Company: Health and Human Services Commission of Texas

Location: Austin, TX 78745

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. At HHSC, your contributions matter, and we support you at each stage of your life and work journey. Our comprehensive benefits package includes 100% paid employee health insurance for full-time eligible employees, a defined benefit pension plan, generous time off benefits, numerous opportunities for career advancement and more. Explore more details on the Benefits of Working at HHS webpage.

Functional Title: Associate Counsel

Job Title: Attorney IV

Agency: Health & Human Services Comm

Department: Chief Counsel

Posting Number: 4943
Closing Date: 05/01/2025
Posting Audience: Internal and External
Occupational Category: Legal
Salary Group: TEXAS-B-28
Salary Range: $7,716.66 - $13,051.00
Shift: Day

Additional Shift:

Telework: Eligible for Telework

Travel: Up to 10%

Regular/Temporary: Temporary

Full Time/Part Time: Full time

FLSA Exempt/Non-Exempt: Exempt

Facility Location:

Job Location City: AUSTIN

Job Location Address: 4601 W GUADALUPE ST

Other Locations:

MOS Codes:

4402,4405,4406,4407,4408,4409,4410,4411,4417,250X,27A,51JX,92J0,LGL10,LGL11

Brief Job Description:

The Texas Health and Human Services Office of Inspector General (OIG) seeks an Attorney IV to join the Chief Counsel's Litigation section. The Attorney IV is responsible for a case load of 25-35 moderately complex civil administrative cases. The Attorney will also be in charge of various administrative exclusion and/or sanctions cases involving complex to moderately complex issues that include quasi-criminal procedure, evidentiary issues, and fact scenarios that require advanced litigation experience. The attorney will be responsible for assisting with the development of audits and investigations. Once a case moves into the litigation phase, the Attorney IV will be responsible for all aspects of preparing and litigating the case. These activities include, but are not limited to preparation of pleadings, written discovery, motions, trial briefs and necessary orders. The attorney will apply eDiscovery principles and utilize eDiscovery applications when needed. The attorney will also take and defend depositions and assume first chair trial responsibilities. The attorney will be responsible for coordination of the trial team which will be composed of a legal assistant and a second chair attorney. 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 IV will provide research and assistance in other areas as assigned and as needed.

This position is temporary and is expected to end on August 31, 2025.

Essential Job Functions (EJFs):

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 enforcement agencies and prosecutors. (10%)

General legal research. (10%)

Other duties as assigned. (5%)

Knowledge, Skills, and Abilities (KSAs):

Knowledge of trial and/or administrative hearings procedures.

Knowledge of discovery rules and procedures.

Knowledge of evidentiary and procedural issues.

Knowledge of e-discovery principles, processes, and requirements.

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.

Skill in utilizing electronic discovery applications and tools, including, but not limited to Relativity.

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.

Registrations, Licensure Requirements or Certifications:

Licensed and in good standing with the State Bar of Texas.

Initial Screening Criteria:

Graduation from an accredited law school with a Bachelor of Laws (LL.B.) or a Juris Doctor (J.D.) degree.

Requires a minimum of five (5) years of experience as a licensed attorney.

Preferred:

Ten (10) years of experience in planning and developing investigations and/or litigation related to health care fraud involving Medicaid or Medicare.

Ten (10) years of federal or state civil or criminal trial experience.

Ten (10) years of experience in performing legal research and analysis and drafting legal opinions, briefs, pleadings or other legal memoranda.

Ten (10) years of experience in coordinating with multi-state, federal and or state administrative and law enforcement agencies.

Ten (10) years of experience with state and federal criminal prosecutions and civil qui tam lawsuits, including litigation and resolution/settlement phases.

Five (5) years of experience with abuse, neglect and exploitation investigations.

Five (5) years of experience with fraud, waste and abuse investigations.

Additional Information:

All applicants selected to interview will be required to submit a legal writing sample.

The OIG is responsible for preventing, detecting, auditing, inspecting, reviewing, and investigating fraud, waste, and abuse in the provision of HHS in Medicaid and other HHS programs. Potential employees of OIG are subject to criminal background checks in accordance with the HHS 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.

Review our Tips for Success when applying for jobs at DFPS, DSHS and HHSC.

Active Duty, Military, Reservists, Guardsmen, and Veterans:

Military occupation(s) that relate to the initial selection criteria and registration or licensure requirements for this position may include, but not limited to those listed in this posting. All active-duty military, reservists, guardsmen, and veterans are encouraged to apply if qualified to fill this position. For more information please see the Texas State Auditor's Job Descriptions, Military Crosswalk and Military Crosswalk Guide at Texas State Auditor's Office - Job Descriptions.

ADA Accommodations:

In compliance with the Americans with Disabilities Act (ADA), HHSC and DSHS agencies will provide reasonable accommodation during the hiring and selection process for qualified individuals with a disability. If you need assistance completing the on-line application, contact the HHS Employee Service Center at 1-888-894-4747. If you are contacted for an interview and need accommodation to participate in the interview process, please notify the person scheduling the interview.

Pre-Employment Checks and Work Eligibility:

Depending on the program area and position requirements, applicants selected for hire may be required to pass background and other due diligence checks.

HHSC uses E-Verify. You must bring your I-9 documentation with you on your first day of work. Download the I-9 Form

Telework Disclaimer:

This position may be eligible for telework. Please note, all HHS positions are subject to state and agency telework policies in addition to the discretion of the direct supervisor and business needs.

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