Staff Attorney - Risk Management

Overview

 

The Risk Staff Attorney would report to and assist the Risk Staff Attorney III in the day-to-day management and oversight of the defense of Presbyterian claims and litigation. The successful candidate will be responsible for assisting in a variety of assigned legal projects related to risk mitigation, claims and litigation, including review and analysis of discovery responses, pleadings, and motion practice; working with the assigned internal Claims Adjuster, Risk Staff Attorney III and outside counsel on discovery and witness requests and discovery disputes; assisting in preparation for or preparing Presbyterian Healthcare Services (PHS) witnesses to testify in civil matters, including cases in which PHS is not a party-defendant but a PHS workforce member has been subpoenaed for deposition or trial testimony; advising PHS workforce members of pending claims and litigation against them and answering their legal questions and concerns; enrolling PHS workforce members who are sued in the litigation peer support program; meeting and speaking with outside defense counsel on litigation strategy; evaluating and negotiating pre-suit claims; responding to pre-litigation evidence preservation letters and settlement demand correspondence; reviewing and revising as needed claim/litigation evaluation letters in advance of presentation of a claim for settlement authority; reviewing and approving requests for retention of expert witnesses; answering legal questions from members of the Risk team and other PHS workforce members related to risk exposure and mitigation, claims/litigation, and risk mitigation efforts; reviewing and analyzing documentary evidence requested or compelled to be produced in litigation; participating in meetings with and presentations to PHS workforce regarding various topics, including depositions, informed consent, medical record documentation, and the like; interviewing potential 1-030(B)(6) witnesses and assisting outside counsel with preparing the corporate witnesses for deposition and trial appearances; identifying trial representatives and preparing them to serve in that capacity; and other general litigation-related activities. 

 

Activities will also include work related to mitigating potential risk across various aspects of healthcare operations, such as clinical care, compliance, and legal matters.

 

The Risk Staff Attorney would also assist the Risk Staff Attorney III and Associate General Counsel – Risk in developing and implementing risk management strategies, review or preparation of draft policies, procedures, protocols and guidelines from a risk/litigation perspective, providing education and training on best practices, and ensuring adherence to relevant regulations and standards.  The Risk Attorney I may also be called upon to participate in event or incident investigations and responses to incidents involving potential claim/litigation risk, including patient complaints and safety concerns and will work closely with other PHS departments and stakeholders, including clinical staff, quality and safety teams, and legal counsel, to promote a culture of safety and risk awareness.

 

We are looking for a skilled attorney with an interest in healthcare law, risk management, and claims/litigation and excellent communication and negotiation skills. If you are a dedicated legal professional seeking a rewarding and challenging career in the healthcare industry, we would love to hear from you.

Qualifications

• Juris Doctor degree from an accredited law school and active license to practice law in one or more states and a member in good standing of the applicable state bar;
• New Mexico license to Practice Law preferred and must be acquired as soon as practicable following employment.
• 5 years experience practicing in the health law field, with a particular focus on healthcare compliance, contracting and transactions.
• 5 years of experience in regulatory and transactional matters for healthcare clients, including advising clients on federal and state regulatory matters; fraud and abuse (including, in particular, the Stark Law); physician arrangements; mergers and acquisitions; joint ventures and affiliations; reimbursement issues; compliance reviews and investigations; privacy and security; and exempt organization issues.
• Experience working in a litigation setting preferred. 
• Strong communication and interpersonal skills with the ability to effectively interact with court personnel, healthcare providers and other stakeholders. 
• Occasional in-state travel to various PHS facilities. 

Responsibilities

• Assist business leaders with the review and structure of legally compliant contracts and business arrangements to address strategic business needs or objectives;
• Provide legal support and direction for physician and referral source contracting and support other counsel and our physician employment team in physician contracting;
• Understand physician compensation issues, methodologies, and legal issues implicating fair market value and commercial reasonableness in healthcare transactions;
• Provide legal support and direction for the enterprise-wide contracting process by assisting in reviewing, drafting and negotiating a variety of contracts, providing regulatory review and support of contracts, providing education and training on the contracts management process, and providing legal support and guidance to the contracts management team;
• Develop and continually update library of form contracts, clauses and provisions in order to leverage and strengthen PHS interests through compliant structuring of business relationships and increased use of standard terms and contract templates;
• Provide legal advice to business stakeholders in order to identify and mitigate legal, regulatory, and business risk in proposed business transactions;
• Draft, revise and negotiate agreements in a timely manner in order for PHS to meet its strategic and business objectives;
• Participate as legal advisor to certain committees and strategic initiatives;
• Manage assigned projects, develop strategies and implementation plans and take an active role in driving projects to final result;
• Work as a legal generalist with interest and willingness to shoulder and manage additional areas of responsibility over time;
• Develop strong relationships with business partners and stakeholders;
• Provide education, training, and guidance in formal and informal settings on a regular basis in order to identify and mitigate legal risk across the enterprise;
• Provide backup coverage for other PHS attorneys and participate in the call rotation for after-hours legal emergencies;
• Provide legal support to the compliance department;
• Develop educational materials and tools to educate and assist PHS business and operations teams with maintaining compliance with healthcare laws and regulations;
• Work in conjunction with hospital departments and team members in order to properly operationalize educational and business objectives; and
• Perform other functions as required.

Benefits

We offer more than the standard benefits!

Presbyterian employees gain access to a robust wellness program, including free access to our on-site and community-based gyms, nutrition coaching and classes, wellness challenges and more!

Learn more about our employee benefits:

https://www.phs.org/careers/why-work-with-us/benefits

Why work at Presbyterian?

As an organization, we are committed to improving the health of our communities. From hosting growers' markets to partnering with local communities, Presbyterian is taking active steps to improve the health of New Mexicans. For our employees, we offer a robust wellness program, including free access to our on-site and community-based gyms, nutrition coaching and classes, wellness challenges and more.

 

Presbyterian's story is really the story of the remarkable people who choose to work here. The hard work of our physicians, nurses, employees, board members and volunteers grew Presbyterian from a tiny tuberculosis sanatorium to a statewide healthcare system that serves more than 875,000 New Mexicans.

About Presbyterian Healthcare Services

Presbyterian Healthcare Services exists to improve the health of patients, members and the communities we serve. We are 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, we are the state's largest private employer with nearly 14,000 employees - including more than 1,600 providers and nearly 4,700 nurses.

 

Our health plan serves more than 580,000 members statewide and offers Medicare Advantage, Medicaid (Centennial Care) and Commercial health plans.

 

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

Maximum Offer for this position is up to

USD $91.73/Hr.

Compensation Disclaimer

The compensation range for this role takes into account a wide range of factors, including but not limited to experience and training, internal equity, and other business and organizational needs.