Attorney II

State of North Carolina

1d

About The Position

The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the state, state agencies, and elected officials, and defends the rights of the people of North Carolina. The Department handles all state criminal appeals cases and assists district attorneys with complex criminal cases at their request. Additionally, the Department of Justice includes the North Carolina State Crime Lab, the North Carolina Justice Academy, and the Sheriffs’ and Criminal Justice Education and Training Standards Divisions. For Division of Health Service Regulation (DHSR), the primary purpose of this position is the defense of patient abuse and neglect findings made by the DHHS, DHSR, Health Care Personnel Registry (“HCPR”) Section, pursuant to 42 U.S.C. § 1396r(e) and N.C. Gen. Stat. §§ 131E-255 and -256, as well as other legal services as may be required by DHSR. Specifically, this attorney performs research, drafts legal instruments and documents, represents the agency in judicial or administrative proceedings, prepares legal opinions on rules and operations of an agency, resolves complaints, and responds to inquiries on legal issues from the public. This attorney may argue the more routine cases before the appellate courts and may represent the State on the appeal of criminal cases and perform related duties as required. For Division of Mental Health (DMH), this attorney helps oversee the management of the Debt Referral Office, which is comprised of a paralegal who is contracted to DHHS to collect debt after DHHS’ efforts have failed. This attorney assists in actions arising from the Debt Referral Office and in collections cases against the estates of deceased persons for costs associated with services provided at a DSOHF facility. This position counsels and provides assistance to DHHS on collections law and issues. This attorney will also handle a variety of appeals involving Medicare denials for reimbursement. The attorney serves during the absence of the incumbent for commitment hearings and re-hearings for patients committed to a DSOHF facility and for patients who have been adjudicated as Not Guilty by Reason of Insanity in District and Superior Courts. This position may be assigned civil appeals arising out of commitments to any state, or privately operated facility designated for involuntary commitment. Other responsibilities of this attorney may include representing DMH in OAH on appeals arising out of community mental health operations contracted via area authorities; representing DHHS agencies in matters arising out of state personnel grievances; and other matters representing DHHS as assigned by supervisors.

Requirements

• Licensed to practice law by the North Carolina State Bar and one year of professional legal experience.

Responsibilities

• performs research
• drafts legal instruments and documents
• represents the agency in judicial or administrative proceedings
• prepares legal opinions on rules and operations of an agency
• resolves complaints
• responds to inquiries on legal issues from the public
• argue the more routine cases before the appellate courts
• represent the State on the appeal of criminal cases
• oversee the management of the Debt Referral Office
• assists in actions arising from the Debt Referral Office and in collections cases against the estates of deceased persons for costs associated with services provided at a DSOHF facility
• counsels and provides assistance to DHHS on collections law and issues
• handle a variety of appeals involving Medicare denials for reimbursement
• serves during the absence of the incumbent for commitment hearings and re-hearings for patients committed to a DSOHF facility and for patients who have been adjudicated as Not Guilty by Reason of Insanity in District and Superior Courts
• representing DMH in OAH on appeals arising out of community mental health operations contracted via area authorities
• representing DHHS agencies in matters arising out of state personnel grievances
• other matters representing DHHS as assigned by supervisors

Benefits

• employer paid health insurance
• twelve paid holidays
• generous vacation and sick leave accrual
• dental
• vision
• other insurance options
• retirement benefits

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level
• Education Level: No Education Listed
• Number of Employees: 1,001-5,000 employees