Health Sciences Transactional Attorney
Open Date: 04/05/2018
Date Initial Screening Begins:
Minimum Education/Experience: J.D. from an ABA-accredited law school; Either a current member in good standing of the North Carolina Bar or eligible for admission to the North Carolina Bar within one (1) year of hiring; Minimum of three (3) years of legal experience in health law or health-related area of law; Requires compliance with the professional conduct and ethics expectations of a legal office, including but not limited to, maintaining the confidentiality of sensitive information.
Special Instructions to Applicant: Candidates should submit a cover letter, resume, and a list of three references including contact information online.
Job Duties: Under the direction of the University Counsel and Vice Chancellor for Legal Affairs, the responsibility of the Assistant/Associate University Attorney for Health Sciences is to provide direct assistance to the Vice Chancellor for Health Sciences (the "Vice Chancellor") and the colleges, schools and other units within the Division, including the Brody School of Medicine (the "BSOM"), the College of Nursing, the College of Allied Health Sciences, the School of Dental Medicine, the medical faculty practice plan (ECU Physicians), the East Carolina Heart Institute, and the Laupus Library, in addressing legal issues. The Assistant/Associate University Attorney for Health Sciences provides comprehensive legal advice and assistance to the units within the Division concerning legal matters such as compliance with State and federal laws, statutes, and regulations; University policies and procedures; employee relations; student affairs and discipline; the provision of clinical services; pending litigation and administrative proceedings; risk management in the Division; and, other University matters related to the health sciences context, with a focus on transactions and faculty practice plan matters. Such assistance also includes furnishing legal advice to and preparing written legal opinions for the Vice Chancellor and/or administrators, as well as committees within the Division. The Assistant/Associate University attorney will coordinate with the Senior Associate University Attorney and the Associate University Attorney for Health Sciences in providing legal support to the Health Sciences (HSD), including support of the Brody School of Medicine and School of Dental Medicine. The Assistant/Associate University Attorney coordinates and negotiates transactions, some simple and routine and others extremely complex and innovative, in the health care setting. The Assistant/Associate University Attorney may provide similar transactional support for other divisions of the University as needed and/or directed by the University Counsel and Vice Chancellor for Legal Affairs. With the University Counsel, the Assistant/Associate University Attorney serves as a liaison between East Carolina University, specifically the Health Sciences Division and: (1) the legal staff of The University of North Carolina System Office, (2) the legal staff of the North Carolina Department of Justice/Office of the Attorney General, (3) outside counsel, and (4) other entities inside and outside the University. As needed, the Assistant/Associate University Attorney represents the University in a variety of external regulatory and law enforcement agencies such as the U. S. Department of Justice, licensing boards, and the Office for Civil Rights, and provides support and advice to administrators in internal appellate proceedings. The Assistant/Associate University Attorney provides legal advice in support of the investigation of allegations concerning possible non-compliance with applicable State and federal laws, statutes, and regulations involving allegations of illegal, unethical, or inappropriate activities within the institution and/or involving University administration or employees, with a focus on those issues within the Division. The Assistant/Associate University Attorney works collaboratively with the BSOM Office of Compliance; the BSOM Office of Risk Management; East Carolina University offices of compliance, risk management, and Internal Audit and Management Advisory Services; and, with Vidant Medical Center and Vidant Health in-house legal counsel and offices of risk management, compliance, and privacy. Specific Responsibilities: 1. Serves as the primary legal advisor in the negotiation of transactions for the Division as advisor to the Vice Chancellor and deans in the health care setting, including drafting and/or reviewing related contracts for services, operating and management agreements, medical director agreements, affiliation agreements, financing documents, and leases, and evaluating proposed transactions for compliance with applicable State and federal laws, statutes, and regulations. 2. Serves as legal resource to the medical faculty practice plan (ECU Physicians) and its board. 3. Serves as a resource for legal advice, including compliance with the Open Meetings Act and privacy laws for the Health Sciences Committee of the University's Board of Trustees. 4. Works collaboratively with appropriate staff, departments and offices within the institution to provide legal advice relating to new and updating policies and practices in areas including: compliance and risk management; the provision of clinical services; other University matters related to the health sciences context, with a focus on transactions and faculty practice plan matters; and, other University matters as assigned by the University Counsel. In addition, the Assistant/Associate University Attorney serves as a supplemental resource in working collaboratively with appropriate staff, departments and offices within the institution to provide legal advice relating to tenure and academic employment matters, employee relations, and student affairs and discipline. 5. Provides legal advice to the University's HIPAA Privacy Officer and the HIPAA Security Officer as needed, including, but not limited to: facilitation and implementation of the University's HIPAA privacy and security requirements in applicable policies and procedures; and, cooperation with the Office for Civil Rights, other legal entities, and organization officers, as needed, for HIPAA compliance reviews or investigations. 6. Provides advice regarding, and in support of, investigations and resolutions of suspected compliance violations, such as billing and coding issues, including corrective action which may include: restitution; disciplinary action against responsible parties; and/or, reporting to appropriate governmental bodies, enforcement officials, University administration, and/or the University's Office of Internal Audit and Management Advisory Services. 7. Serves as a resource for legal advice needed by the Identity Theft Protection Committee and the Enterprise Risk Manager to assist in the oversight of compliance with applicable State and federal laws, statutes, and regulations related to identity theft issues. 8. Advises the University on matters pertaining to non-profit corporate law, including on matters relating to the University's associated entities and provides supplemental support for issues faced by the Division of University Advancement in regard to the foundations managed by employees in that division. 9. Recommends to the University Counsel goals, objectives, and an annual work plan relating to legal affairs within the Division. 10. Supervises the preparation and submission of reports to the University Counsel, as requested, which may include a detailed discussion of the Office's activities, legal affairs within or affecting the Division, and existence and status of pending or threatened litigation. These reports will also be appropriately provided to the Vice Chancellor and to the University's Board of Trustees. 11. Provides supplemental legal advice to administrators regarding enforcement of disciplinary standards and policies for faculty, staff, and students. This advice includes matters of recruitment, hiring and discharge of employees; as applicable, credentialing and licensure of health care professionals; matters of appointment, reappointment, tenure, and discharge or imposition of serious sanctions involving faculty; and, conduct and academic integrity matters involving students. The Assistant/Associate University Attorney may provide specific support and advice to administrators in preparation for and prosecution of related campus hearings and, when appropriate, appeals to the UNC Board of Governors and/or litigation. 12. As needed, responds to inquiries, charges, or complaints registered by or with external regulatory and law enforcement organizations, to include: conducting or assisting with internal investigations; marshaling evidence for reports, investigative responses, and discovery; and, assisting in the development and articulation of University positions and responses in consultation with the University Counsel and other appropriate University administrators. Knowledge, Skills, Abilities, & Personal Characteristics Ability to provide expert, comprehensive legal advice directly to administrators in the Division of Health Sciences and, as needed, other units within the University without the need for close supervision; conduct legal research and prepare legal opinions and prepare legal documents including, but not limited to, the ability to draft extremely complex and innovative contracts in the health care setting; and establish cooperative working relationships with the University's varied internal and external constituencies contacted in the course of performing assigned duties. Knowledge of the law of contracts, especially in the health care setting and legal principles applicable to nonprofit corporations and similar business entities. Knowledge of university, academic medical center, and healthcare settings. Working knowledge of State and federal laws, statutes, and regulations applicable to the health care setting including areas such as HIPAA;; Stark self-referral laws; and, regulations relating to physicians in teaching hospitals. Familiarity with or ability to understand and provide advice regarding relevant licensure, accreditation and certification requirements in the health care setting; and knowledge of the issues and challenges facing the clinical and education components of the medical sciences. Prefer a working knowledge of laws and legal principles governing the operation of state entities, including the Public Records Act and Open Meetings Act. Excellent communication skills (oral and written) and practices, as well as analytical skills, including the ability to identify and resolve legal issues. Ability to represent the University professionally and tactfully; to work collaboratively in a small legal office, including collaborative skills and leadership style that emphasizes teamwork, communication, collegiality, and flexibility. Ability to maintain confidentiality. Ability to use common word processing computer applications. Salary and title are commensurate with experience. May fill as Assistant University Attorney (classification and/or working title) based on qualifications and experience of selected candidate.