Assistant General Counsel

West Tennessee Healthcare

About The Position

This position provides legal guidance and services to all West Tennessee Healthcare entities and staff. The Assistant General Counsel reports to the Vice President – General Counsel/Chief Legal Officer. ESSENTIAL JOB FUNCTIONS: The Assistant General Counsel is an attorney who provides support to the General Counsel and legal advice and guidance to WTH’s staff as assigned or requested in all areas of 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, and research. Job responsibilities are assigned by General Counsel and may include: General Legal Services 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. Litigation and Claims 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 General Counsel. 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. Provider Contracting 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 General Counsel in drafting and updating provider policies Strategy and Business 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 Patient and Employee Relations 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 Preventative Legal Services Develop educational materials and provide training sessions to the organization’s employees on legal topics as assigned by General Counsel 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. Administrative Responsibilities Contribute to the ongoing improvement of the Legal 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. Provide guidance and assistance to staff attorneys as needed; Assist General Counsel and Legal Operations Manager 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 Performs related responsibilities as required or directed.

Requirements

Doctor of Jurisprudence from an ABA-accredited law school required.
Must be licensed in good standing to practice law in Tennessee or eligible for admission to the Tennessee Bar within twelve months of employment.
Approximately 3–5 years of progressively responsible legal experience in healthcare (in-house or law firm) or comparable experience.
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.

Nice To Haves

Experience drafting complex agreements in compliance with relevant health care issues (e.g., Anti-Kickback Statute, Stark, etc) is desirable.
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.

Responsibilities

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 General Counsel.
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 General Counsel in drafting and updating provider policies
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 General Counsel
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.
Contribute to the ongoing improvement of the Legal 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.
Provide guidance and assistance to staff attorneys as needed
Assist General Counsel and Legal Operations Manager 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
Performs related responsibilities as required or directed.