Associate Counsel

Texas Health & Human Services Commission•Austin, TX

3d•$7,500 - $9,500•Hybrid

About The Position

The Associate Counsel (Attorney III) joins the Litigation section of the Texas Health and Human Services Commission Office of Inspector General Chief Counsel Division. The OIG works to combat fraud, waste, and abuse in publicly funded state Health and Human Services programs. The attorney manages a caseload of 25–35 moderately complex civil administrative cases, including administrative exclusion and sanctions matters involving procedural, evidentiary, and factual issues. The role may also assist with audits and investigations. For cases in litigation, the attorney handles preparation and litigation activities, including pleadings, written discovery, motions, trial briefs, orders, depositions, examinations under oath, and first-chair trial responsibilities. The attorney helps coordinate a trial team that may include a legal assistant and other attorneys, participates in mediation or informal resolution conferences, and keeps management informed about case developments. The position also provides legal research and assistance in other areas as assigned. It is full-time, based in Austin, Texas, and eligible for telework under applicable state and agency policies and supervisor discretion. Travel may be up to 25%.

Requirements

Juris Doctor degree from a law school approved by the Supreme Court of Texas.
At least three years of experience as a licensed attorney.
At least two years of litigation, healthcare law, and/or administrative law experience.
Licensed in good standing with the State Bar of Texas.
Knowledge of trial and/or administrative hearing procedures, discovery rules and procedures, and evidentiary and procedural issues.
Skills in planning, organizing, and managing litigation; legal research, writing, and analysis; managing multiple projects and tight deadlines; exercising sound judgment; identifying problems and implementing solutions; and collaborating with client representatives, government employees, and stakeholder groups.
Ability to research using resources such as Westlaw, LexisNexis, PACER, administrative agency and court case-management systems, and legislative reference sources.
Skill using software including Microsoft Office applications, Adobe Acrobat Pro, and database programs.
Ability to analyze complex factual and legal issues involving a wide variety of federal and state laws; manage tasks with varying priorities; communicate effectively orally and in writing; and maintain effective, collegial relations with management, staff, and the public.
Selected applicants must complete a national fingerprint-based criminal background check through the Texas Department of Public Safety and FBI.

Nice To Haves

Experience planning and developing investigations and/or litigation related to health care fraud involving Medicaid or Medicare.
Experience performing legal research and analysis and drafting legal opinions, briefs, pleadings, or other legal memoranda.
Experience coordinating with multi-state, federal, and state administrative and law enforcement agencies.
Familiarity with state and federal healthcare law criminal prosecutions and/or state and federal civil qui tam lawsuits, including litigation and resolution or settlement phases.
Familiarity with fraud, waste, and abuse investigations.

Responsibilities

Litigate matters before the State Office of Administrative Hearings or the HHSC Appeals Division, including drafting pleadings and written discovery, taking and defending depositions, preparing witnesses, and conducting hearings.
Evaluate, prepare, research, and gather evidence for litigation while preserving opportunities to explore settlement.
Resolve matters by agreement through Informal Resolution Meetings or mediation.
Coordinate with the Medicaid Fraud Control Unit, the Healthcare Program Enforcement Division at the Office of the Attorney General, and state and federal prosecutors.
Conduct general legal research.
Manage a caseload of 25–35 moderately complex civil administrative cases, including administrative exclusion and sanctions matters.
Prepare and litigate cases, including drafting motions, trial briefs, and orders; conduct examinations under oath; and assume first-chair trial responsibilities.
Assist with audits and investigations and coordinate trial-team activities.
Keep management advised of all aspects of cases.
Perform other duties and provide research and assistance in other areas as assigned.