Asst. General Counsel & Director of Risk Mgt. - Exempt

Category:

Professional

City:

Jackson

State:

Tennessee

Shift:

8 - Day (United States of America)

Job Description Summary:

This position provides legal guidance and services to all West Tennessee Healthcare entities and staff and serves as the director of enterprise risk management. The Assistant General Counsel/Enterprise Risk Management Director reports to the Chief Legal Officer/General Counsel. The Assistant General Counsel/Director of ERM provides support to the CLO and provides legal advice and guidance as assigned or requested for the health system, which may include hospital and clinic operations, healthcare laws and regulations, applicable state and federal laws, matters relating to human resources, patient care, medical staff, provider employment, physician recruiting, acquisitions, joint ventures, real estate purchases and leases, litigation and liability, corporations, managed care, operations and contract development/review, and research. ERM duties include the direction and oversight of the enterprise non-clinical risk management functions, which include management and mitigation of non-clinical risk and insurance and claims management. Job responsibilities for the Director of ERM are assigned by the CLO/General Counsel and may include general legal services, litigation and claims, provider and medical staff operations, strategy and business operations, patient and employee relations, preventative legal services, enterprise risk management director, and administrative responsibilities.

ESSENTIAL JOB FUNCTIONS:

• Draft, review, and negotiate system contracts.
• Provide explanations of the potential risks of critical contractual provisions and guidance on contract terms to support the business decision process.
• Interpret relevant cases, laws, rulings, and regulations for the organization.
• Conduct legal research and analyze the impact of federal and state healthcare laws and regulations, licensure laws, the scope of practice, reporting obligations, and other legal issues that may arise.
• Develop and review policies, procedures, and other documents for WTH and its entities’ business and clinical functions.
• Serve on committees and assist in the formulation and implementation of policies and practices.
• Analyze the probable outcomes of potential lawsuits to advise the organization in defending, settling, or prosecuting a lawsuit; negotiate settlements and draft settlement documentation.
• Manage outside counsel on assigned litigation matters and report updates and status changes to CLO.
• Work with Risk Management to coordinate the investigation and analysis of claims and suits against the organization.
• Oversee timely and appropriate responses on behalf of the organization to requests for records and other information as required under the Freedom of Information Laws, state Public Records Laws, court orders, subpoenas, discovery or other requests.
• Draft employment and independent contractor contracts compliant with healthcare laws and regulations for physicians, advance practice providers and other providers, including agreements for locums and staffing services, call coverage, hospital-based group services, provider management, subsidy arrangements, recruiting incentives, and education agreements
• Review and guidance on immigration contractual requirements for physician providers; Analysis of legal requirements for compensation and fair market value; advise on compensation models and salary issues
• Advise on provider-related issues and contract interpretation issues
• Assist CLO in drafting and updating provider policies
• Assist CLO in advising and participating in Medical Staff matters and operations
• Research and drafting as assigned on WTH strategic ventures Draft corporate documents, bylaws and resolutions
• Draft/review real estate sales and purchase agreements and leases, grant and construction contracts, and supply chain contracts
• Assist in negotiating and drafting managed care, insurance, ambulance service and IT contracts, and education affiliation agreements
• Advise on security and 4th amendment issues
• Advise on legal risks and draft waivers as needed for various aspects of system operations
• Legal resource for human resource department on employee issues and labor laws
• Advise on terminations, reductions in force, WARN requirements, investigations, exempt/nonexempt classifications, and employee/independent contractor classification issues
• Advise and assist as needed with wellness initiatives and work-related injuries
• Legal resource for patient departments, providing legal advice and guidance on all aspects of patient care including AMA departures, consent/informed consent, disruptive patients, minor patients, advance directives, POAs, guardians and conservators, surrogates, and service animals
• Develop educational materials and provide training sessions to the organization’s employees on legal topics as assigned by CLO and make recommendations for training and education opportunities
• Review and revise management guidebook policies as assigned. Develop, review and update form agreements to ensure the form agreements are up to date and compliant with any law or regulation changes.
• Direction and oversight of the non-clinical risk management functions of the health system to minimize risk and optimize operations, including: Assists healthcare system in identifying and correcting environmental conditions and work practices that could result in injuries or claims, and advise the CLO of potentially compensable events, and developing risk mitigation programs to prevent or limit the health system’s risk.
• Evaluating, placing and maintaining appropriate insurance coverage to ensure a fiscally responsible program of insurance, including oversight of the application and renewal processes and the maintenance by staff of current and correct information on system property and operations.
• Familiarity with and knowledge of policies and coverage requirements to appropriately advise the organization and ensure policy compliance and maximize coverage in the event of loss.
• Oversight of the claims management process, ensuring the coordination of the submission and management of insurance claims in accordance with West Tennessee Healthcare vendor policies, procedures, and guidelines.
• Works in collaboration with the Director of Clinical Risk Management to determine when pre-suit claims settlements should be considered; make recommendations for pre-suit claim settlement to the Chief Legal Officer, and advises on communication with unrepresented patients and families to effect settlements of claims when warranted.
• Develop and maintain risk management annual budgets and maintain financial integrity of the department’s deposit and payment processes.
• Training and supervision of the risk management staff, including interviewing and selecting staff and evaluating staff performance, and ensure effective operation of the department
• Contribute to the ongoing improvement of the department’s knowledge management program.
• Assist in developing processes, templates, and training materials.
• Utilize available technologies to improve and promote efficiency, consistency, and compliance with regulatory and business requirements.
• Assist CLO and the Director of Legal Operations in providing training, performance feedback and advice to the Legal Department's paralegals and administrative staff; oversight of paralegal work product and scope of practice as required for attorneys utilizing paralegal support
• Attendance at meetings and administrative/supervisory tasks as expected of a director-level leader.
• Represent the department in task teams or committees as assigned.
• Performs related responsibilities as required or directed.  

JOB SPECIFICATIONS:

EDUCATION:

• Doctor of Jurisprudence from an ABA-accredited law school required.

LICENSURE, REGISTRATION, CERTIFICATION:

• Must be licensed in good standing to practice law in TN or eligible for admission to the TN Bar within twelve months of employment.
• CPHRM (Certified Professional in Healthcare Risk Management) Certification preferred.

EXPERIENCE:

• 7 years of relevant legal experience is required.
• Experience as an in-house counsel for hospital/healthcare system or other highly regulated industry or a law firm representing hospitals or health systems is required.
• Experience managing complex litigation is desirable.
• Experience drafting complex agreements in compliance with relevant health care issues (e.g., Anti-Kickback Statue, Stark, etc.)

KNOWLEDGE, SKILLS AND ABILITIES:

• Ability to efficiently manage multiple projects and deadlines.
• Able to think outside the box to develop new ideas or processes to find solutions.
• The ability to perform legal research efficiently using the tools available.
• Ability to communicate the concepts of law, regulations, policies, and procedures in an understandable lay format, both orally and in writing.
• Excellent writing skills are required.
• Excellent interpersonal and communication skills.
• Basic knowledge of software programs used in the Legal and WTH environment, including Word, Excel, PowerPoint, and Outlook.
• Professional appearance and demeanor.
• Knowledge and understanding of employment law, state and federal statutes and regulations applicable to health care providers and health systems, and requirements for tax-exempt organizations is desirable. 
• Knowledge and understanding of the dynamics of a large healthcare organization is preferred.
• Skills and proficiency needed to fulfill the operational and supervision duties of the Director of Enterprise Risk Management role effectively.

NONDISCRIMINATION NOTICE STATEMENT

We are an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, ethnicity, disability, religion, national origin, gender, gender identity, gender expression, marital status, sexual orientation, age, protected veteran status, or any other characteristic protected by law.