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Senior Counsel

Send to my Email Email a friend Job ID 76524 Date posted 10/07/2016
Requisition ID: 76524
  • Facility: Sharp HealthCare
  • City: San Diego
  • Department: Legal
  • Category: Management Jobs
  • Job Status: Full-Time
  • Shift: Day Job
  • FTE: 1.0
  • Shift Start: Variable
  • Shift End Time: Variable
Senior Counsel – Sharp System Services
 
Summary:
 
Under minimal supervision and as appropriate, exercises responsibility and initiative as Staff Counsel for the Legal Affairs Department. Responsible for ongoing projects and providing a variety of legal support functions including accurate and timely (including 24/7 shared call coverage) legal advice and opinions to Sharp HealthCare executives, management, and staff on a wide variety of healthcare and operational matters. Provides education to staff to ensure staff is aware of and in compliance with applicable laws and regulations, and to improve the quality of care to Sharp HealthCare’s patients.
 
Required Skills and Qualifications:
  • Minimum of eight (8) years of significant health care law experience analyzing fact patterns and situations and providing advice in oral and written form on medical-legal health care matters including but not limited to: federal and state legal and regulatory and licensing issues governing the provision of health care, privacy of medical information including HIPAA and CMIA, EMTALA, risk management, consent law and patient rights, quality of care, patient safety, and peer review. 
  • Exceptional judgment, legal research skills, and highest ethical standards. Demonstrated ability to handle multiple competing demands and projects and accomplish assignments timely and independently.
Education: 
  • Juris Doctor required
Licensure:
  • Licensed to practice law in the State of California and a member in good standing with the California State Bar is required.
  • Registered Nurse or other health care professional with clinical experience in a hospital setting is preferred.
 
Skills, Knowledge and Abilities:
  • Excellent written communication skills including the ability to write persuasively and concisely.
  • Excellent oral communication skills including the ability to explain complex legal issues to non-lawyers in a clear and understandable manner.
  • In-depth knowledge and experience in the following areas: clinical-legal issues,  federal and state legal and regulatory and licensing issues governing the provision of health care (including but not limited to, Title 22 and Medicare Conditions of Participation) privacy of medical information including HIPAA and CMIA, EMTALA, professional licensing and responsibilities, medical staff/peer review issues, risk management, consent law and patient rights, quality of care, patient safety, medical records, and compliance.
  • Working knowledge and experience in the following areas of law: Stark and Anti-Kickback, the federal and state False Claims Act, clinical trials, bio-ethical issues, labor and employment, California Corporate Practice of Medicine Doctrine, and trademarks/copyrights.
  • Ability to independently manage multiple projects and work in a high-volume, fast-paced environment.
Compensation and Benefits:
The position provides a very competitive compensation, including opportunity to participate in a system-wide incentive program along with a generous benefit package.
 
Physical Requirements may be discussed during the interview

The Legal Affairs Department consists of five attorneys and other legal professionals who are responsible for providing, managing and coordinating all legal services required by Sharp HealthCare, a California nonprofit public benefit corporation, and its affiliated entities.  Sharp HealthCare and its affiliates operate a variety of facilities and programs throughout San Diego County including four acute care hospitals, three specialty hospitals, twenty-one outpatient clinics operated in conjunction with one of Sharp HealthCare’s two affiliated medical groups, five urgent care centers, three skilled nursing facilities and other programs including inpatient acute rehabilitation, home health, hospice, and home infusion.

Key Responsibilities:

  • Ability to analyze fact patterns and situations and provide sound legal advice in written and/or oral form to management and staff of Sharp HealthCare and its affiliated entities (acute-care hospitals, outpatient facilities, long-term care facility, hospice program, mental health and chemical dependency hospitals, health plan, foundations) on a wide variety of healthcare-related matters including but not limited to: federal and state legal and regulatory and licensing issues governing the provision of health care, reporting obligations, privacy of medical information including HIPAA and CMIA, EMTALA, ADA, risk management, Stark and Anti-Kickback, the federal and state False Claims Acts, informed consent, advance directives, quality of care, patient safety, peer review, clinical trials, medical records, employment, and bio-ethical issues.
  • Ability to handle multiple competing demands and projects and accomplish Interpret state and federal laws and regulations and provide advice on staff issues and employment matters. Provide advice and guidance on deposition subpoenas and other records requests, court orders, and attorney requests; interact and coordinate with outside counsel as appropriate.
  • Represent Sharp HealthCare and its employees in depositions and other legal forums as necessary. Research legal issues and prepare memorandums and opinions as necessary. 
  • Coordinate advice with other counsel in the department to assure consistent advice is given throughout Sharp HealthCare. 
  • Provide accurate and timely (including 24/7 shared call coverage) legal advice and opinions to Sharp HealthCare’s internal clients. Provide legal advice on an “as needed” basis to various Sharp HealthCare committees (including those focusing on ethics, policy setting, quality and safety).
  • Recommend, develop, and review clinical policies and guidelines concerning patient care and medical-legal related issues.
  • Provide advice regarding peer review and enforcement of disciplinary standards and policies relating to health plan provider network.
  • Investigate and evaluate clinical events. Review appropriate records and interview witnesses in conjunction with internal investigations.
  • Participate in and advise in Patient Safety Event Review Team (PSERT) meetings. In collaboration with management, develop proactive responses to patients, families and employees during the course of investigating potential compensable events and asserted legal actions. Interface with claims administration personnel and external legal counsel, as appropriate.
  • Identify legal risks and develop proactive compliance and loss control techniques and recommendations, and communicate to clinical and medical staffs through written recommendations, legal opinions and in-service programs. Keep abreast of current laws and changes to the law and disseminate information as needed to management and staff. Provide informal and formal educational opportunities for Sharp HealthCare’s management and staff.
  • Draft and review agreements as requested, using Sharp HealthCare’s standard templates when possible. Assure agreements are in compliance with applicable laws and regulations and Sharp Healthcare’s internal practices and policies.
  • Work with outside counsel to manage Sharp HealthCare’s trademarks and obtain new marks.
  • 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 17,000 employees and 2,600 affiliated physicians on medical staffs, and operates 1,867 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.
    Since 2001, our team has been on an exciting journey to transform the health care experience. We are passionate about providing health care the way it should be.
    With exceptional skill. With advanced technology. And, especially, with kindness and empathy toward our patients and their loved ones. It’s going beyond caring for people to caring about people. This is the extraordinary level of care we call The Sharp Experience.                                              
    Encouraging everyone to find their passion and purpose is at the heart of The Sharp Experience. We are focused on providing an innovative and caring environment where employees are valued for the role they play in helping Sharp achieve its vision to be the best place to work, practice medicine and receive care. Become a part of our team and find out what it means to do what you love.

    Physical Requirements may be discussed during the interview
    “Sharp HealthCare is proud to be an Equal Opportunity/Affirmative Action Employer.  All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, gender identity, transgender status, sexual orientation, protected veteran status or any other protected class.”
    Keywords:  Senior Counsel, Staff Counsel, Legal Affairs, In-House Attorney
    heath law attorney, business litigation, California Bar Association, legal jobs 
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