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Senior Counsel

Job ID 112752 Date Posted 09/10/2021
San Diego, California
  • Sharp HealthCare
  • Legal
  • Day Job
  • Full-Time
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Responsibilities

About Sharp HealthCare ~

Sharp HealthCare is a not-for-profit integrated regional health care delivery system based in San Diego, California. Sharp includes four acute care hospitals, three specialty hospitals, two affiliated medical groups, a health plan, plus a full spectrum of other facilities and services. Serving a population of approximately 3 million in San Diego County, Sharp has more than 19,000 employees and 3,000 affiliated physicians on medical staffs, and operates 1,850 beds.

The Sharp Experience is our unique, system wide commitment to transforming the health care experience in San Diego by becoming the best place to work, practice medicine and receive care.

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Senior Counsel – Sharp HealthCare

Summary:

The Senior Counsel will serve as staff legal counsel for the Legal Affairs Department, will be responsible for managing ongoing legal projects and performing legal support functions and providing advice to Sharp HealthCare’s executive and service management, system services and entity-based leaders, functional and service line leaders, and other management and staff on a wide variety of matters.

The Senior Counsel also will provide education to staff to ensure awareness of, and efforts are made for compliance with, applicable federal, state and local laws, rules and regulations, all with the goals of improving the quality, effectiveness, efficiency and accuracy of the health care operations and services of Sharp HealthCare and its affiliates. The Senior Counsel will be self-driven and take the initiative to proactively and timely handle assigned matters and serve as a valuable resource for the entire Legal Affairs Department.

Required Skills and Qualifications:

  • Minimum of seven (7) years of legal or legal-related work experience in health law, either with a law firm and/or in-house legal department, involving the performance of services for hospitals, health systems, providers, managed care organizations, health care delivery organizations, and/or integrated delivery systems.
  • Some litigation or litigation management experience is helpful. 
  • Experience as corporate or in-house corporate counsel preferred. 
  • Excellent academic achievement.

Education: 

  • Juris Doctor or equivalent degree from a law school accredited by the American Bar Association.

Licensure:

  • Admitted to the State Bar of California (or eligibility under the Registered In-House Counsel provisions of the State Bar of California)
  • Licensed to practice law in good standing in the State of California or any other jurisdiction without any instances of suspension, revocation, censure or other adverse events.

Key Responsibilities (partial listing):

  • Acts as liaison between outside counsel and Sharp and its internal clients; manages outside counsel, including in connection with business litigation involving Sharp HealthCare or its affiliates.
  • Maintains and encourages excellent relationships, works collaboratively and engages in regular communication with the General Counsel, Assistant General Counsel, and the Legal Affairs Department’s other attorneys, paralegals, executive assistants and other non-attorney staff.
  • Works and communicates effectively so as to minimize or eliminate duplicate efforts and keep outside legal costs at a minimum.
  • Extensive review, drafting and negotiation of contractual arrangements, including but not limited to: health care provider agreements, major affiliation agreements, professional service contracts, software and licensing agreements, consultant agreements, physician service agreements, transfer agreements, marketing, advertising, and speaker contracts, and other arrangements and documents that may be necessary to effectuate such relationships. 
  • Works directly with senior executives, managers, and employees on operational issues including structuring contractual arrangements, providing practical day-to-day advice on operational issues, resolving issues that arise in existing contractual relationships, assisting with pre-litigation legal disputes and inquiries, and identifying opportunities for and implementing process improvements.
  • Researches, interprets and applies federal and state laws, regulations, interpretive guidelines, advisory opinions, and case law relating to hospital operations, contractual arrangements and/or transactions, including, but not limited to, fraud and abuse, anti-kickback and Stark; performs legal research on legal issues relating to a variety of legal matters (including clinical-legal matters, peer review, contract issues/provisions, professional liability, licensing requirements, intellectual property/trademark/copyright, federal and state health care regulations, tax, and corporate governance), and prepares memoranda and opinions as necessary.

Skills, Knowledge and Abilities:

  • Ability to effectively provide legal services, and demonstrated excellent working knowledge based on a primary focus of prior work experience, in the following substantive health law-related areas (including applicable federal, state and local laws, rules and regulations related thereto): 

hospital and health care operations generally; fraud and abuse, anti-kickback and physician self-referral (e.g., Stark law); hospital licensure, certification, accreditation, and Medicare conditions of participation; legal and regulatory compliance; reimbursement and payment for services (Medicare, Medi-Cal and private payers); managed care and related provider contracting; patient care, safety, consent and treatment; medical staff and peer review; HIPAA, privacy and security; physician recruitment; physician and provider contracting; and non-physician/provider and business contracting. 

  • Good working knowledge of other substantive legal areas and issues applicable to health systems and health care generally, including health care business and corporate transactions; physician transactions and physician joint ventures; lending, financing or other financial transactions; mergers, acquisitions and dispositions; nonprofit corporations (including corporate governance) and tax exemption; managed care/health plan organizations and regulation; trademarks/copyrights; labor and employment; and antitrust. 
  • Good working knowledge of the key operational and strategic issues and challenges currently affecting hospitals, health systems, providers, managed care organizations, health care delivery organizations, and/or integrated delivery systems.
  • Demonstrated ability to identify legal risks, apply relevant law and organizational policies, and develop effective strategies and solutions for resolving or responding to issues or risks.
  • Excellent written and verbal communication skills, including the communication of complex legal and compliance concepts in a clear, concise and practical manner for non-lawyers.
  • Excellent contract drafting and negotiation skills.
  • Demonstrated ability to multi-task, and to manage and turn-around significant and diverse work flow in an effective and timely manner.
  • Ability to oversee and manage litigation, administrative proceedings and other regulatory (including licensure and certification) proceedings or matters as requested or assigned from time to time, including the management of outside counsel engaged to represent Sharp HealthCare or its affiliates in the litigation or proceeding.
  • Ability to oversee, manage and work collaboratively on matters assigned to outside counsel engaged to represent or assist Sharp HealthCare or its affiliates, including review, direction and supervision of outside counsel’s legal work.
  • Experience with navigating complex and dynamic corporate organizations.

Compensation and Benefits:

The position provides a very competitive compensation, including opportunity to participate in a management bonus incentive program along with a generous benefit package.

 

Please note: Unsolicited resumes from employment agencies or other third parties will not be considered.

 

Sharp HealthCare is an equal opportunity/affirmative action employer. All qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, gender, gender identity, sexual orientation, age, status as a protected veteran, among other things, or status as a qualified individual with disability.

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