Attorney III - Tort & Contracts (Central Office)

State of South CarolinaLexington County, SC
Onsite

About The Position

This position is located at the SC Department of Behavioral Health and Developmental Disabilities (DBHDD) - Office of Mental Health, Central Office, 400 Otarre Parkway Cayce, SC 29033. As the Attorney III, under the general supervision of the BHDD General Counsel, acting with substantial independence, attorney provides professional legal services and representation for the agency in the primary areas of contracts, tort and litigation: mental health law and processes, and related advice and counsel to the agency.

Requirements

  • A juris doctor degree or its equivalent from an accredited law school and experience as a practicing attorney
  • Must be a member and in good standing with the South Carolina Bar and completion of the 403 requirements
  • At least five (5) years of experience as an attorney
  • Knowledge of the laws of South Carolina and knowledge of general case, statutory and common law.
  • Knowledge of judicial and quasi-judicial procedures and rules of guidance
  • Good verbal and written communication skills with emphasis on attention to written details.
  • Ability to interpret and apply laws in court decisions.
  • Ability to analyze facts, evidence and legal instruments.
  • Ability to express conclusions and arguments clearly and logically.
  • Ability to plan and direct the activities of a legal staff.

Nice To Haves

  • Bilingual abilities in English and Spanish (or another language) are a plus.

Responsibilities

  • Manage all tort claims against the agency.
  • Liaison with the Insurance Reserve Fund, outside counsel, and third parties as needed.
  • Manage outside attorney who represent the agency in tort matters.
  • Coordinate all necessary discovery within litigation matters.
  • Direct representation of agency in the absence of IRF coverage for cases.
  • Maintain the agency's litigation report and regularly update same.
  • Serve as BHDDs contracts attorney by reviewing contracts for individual medical providers, property leases and contracts for the operation of healthcare facilities and statewide third parties.
  • Provide legal advice to agency employees, management, and officials in matters primarily related to contracts as needed.
  • Work with the Division of Financial Services and Procurement on all contract related matters.
  • Interpret laws and policies regarding patient privacy as it relates to HIP AA, Part 2 and other state and federal privacy requirements.
  • Develop policies and forms necessary to assist agency staff in understanding and adhering to privacy requirements.
  • Assist Compliance Office in certification, regulatory, and audit matters.
  • Respond to questions of a legal nature from agency staff, public officials, courts, attorneys, public agencies, medical providers, and the public about agency operations, inpatient and outpatient facilities, and applicable law and policies.

Benefits

  • Health, dental, vision, long-term disability, and life insurance for employees, spouse, and children.
  • 15 days annual (vacation) leave per year
  • 15 days sick leave per year
  • 13 paid holidays
  • Paid Parental Leave
  • S.C. Deferred Compensation Program available
  • Retirement benefit choices
  • State Retirement Plan (SCRS)
  • State Optional Retirement Program (State ORP)
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