General Counsel

Reporting to the Chief Executive Officer and as a member of the senior management team, the General Counsel partners with the Chief Financial Officer, Chief Operating Officer, Chief Medical Officer, and the Chief Administrative Officer, within a union environment, to provide legal advice and guidance to START. This individual will plan and coordinate agency legal activities to help ensure operational and financial success while anticipating changes within state, federal and contractual programs to minimize disruption. The General Counsel coordinates legal services with external legal consultants (in areas such as labor negotiations, health care, tax and real estate matters) and with counsel to the START Board of Trustees. The General Counsel is a key interface with other functional departments to help produce the most favorable outcomes within the goals and objectives of the organization, to ensure compliance with all applicable laws, and to reduce risk.

Responsibilities:

As General Counsel, this individual will:

· Provide legal advice and counsel on various operational issues, including, but not limited to regulatory compliance, governmental and payer investigations and audits, employment matters, patient confidentiality and treatment issues, privacy, third-party reimbursement, responses to subpoenas and lawsuits, regulatory agency reporting, initiation of lawsuits, real estate matters, and not-for-profit/exempt organization matters.

· Quickly identify legal risks presented in a specific set of facts, escalate critical issues to C-Level management as needed, and advise on the best course of action.

· Draft, review and negotiate varied and complex agreements such as software, reseller, OEM, professional services, SOWs, RFPs, vendor, NDAs, real estate. labor, and partner agreements.

· Provide legal support and advice to management and other stakeholders in negotiations of non-standard contracts and draft new contracts with customized solutions that comply with state and government regulations.

· Managed and coordinate the use of outside counsel, if necessary, in areas such as real estate, labor and employment, and health care.

· Partner with the Compliance Officer to enhance the efficacy of the Agency’s compliance plan.

· Identify and develop processes and policies to improve and streamline the contract process, and coach internal stakeholders as needed across functional units.

Counsel the senior management team to provide leadership for quality improvement strategies, resulting in greater efficiencies and cost effectiveness, while at the same time limiting legal risk; and to oversee the development of strategic plans and operating policies and procedures and service standards that support corporate goals and objectives.

Maintain detailed knowledge of state and federal laws, and regulatory and accrediting organization requirements to advise all functional units on compliance.

Collaborate and provide counsel to Human Resources and other critical C-level management on various legal issues and risks, collective bargaining, grievance administration, business strategies, complex deal structures, approval processes, intellectual property, and technology transactions.

Serve as a member of the Agency’s Incident Review Committee and Employee Discipline Committee.

Collaborate with other managers to support the START Board of Trustees and the Governance Committee of the START Board.

Cultivate relationships with staff across functions to support the START culture and drive change; mentor staff to acclimate and support START values, strategies, goals and plans in response to changing business conditions.

Collaborate with the CEO to develop a legal performance dashboard with key performance indicators, metrics, and targets congruent with the tasks outlined above.

Education

An undergraduate degree, and a juris doctor degree from an accredited law school and active New York State Bar membership are required. A master’s degree in business, healthcare or public administration or another relevant program is a plus, but not required.

Qualifications:

· A minimum of ten (10) years of progressively responsible legal experience in a health care and non-profit environment, at least five (5) to seven (7) of which consisted of direct experience as at least deputy general counsel or general counsel handling complex legal issues within a health care related setting. Hands-on knowledge of joint ventures and mergers and acquisitions is highly desirable; and in-depth knowledge of principles of good governance and principles of good management are essential.

· Experience with, and knowledge of, federal and state health care statutes and regulations, including those relating to treatment and recovery programs and managed care contracting and fiscal management, are required.

· Familiarity with federal and state laws and regulations relating to confidentiality and privacy (e.g., HIPAA and 42 CFR Part 2), labor and employment, and/or the operation of a not-for-profit/tax exempt organizations and substance abuse treatment facility is preferred but not required.

· Familiarity with federal and state laws and regulations relating to confidentiality and privacy (e.g., HIPAA and 42 CFR Part 2), and mental health and substance use disorder treatment facilities is preferred but not required.

· Demonstrated ability to draft and negotiate a broad range of contractual agreements is required. Familiarity with litigation, real estate management, leasing and negotiating state and federal contracts is highly desirable.

· Excellent verbal, written and presentation skills; bilingual in English and Spanish is a plus, but not required.

· Proficient in the Microsoft Office Suite (Word, Excel, PowerPoint, etc.). Competence with Smartsheet preferred upon hiring and required within six months of employment.

Personal attributes:

· Highest standards of legal ethics, trust, honesty, openness and integrity with sound business judgment.

· Proven success handling sensitive and confidential issues in a fast-paced environment.

· Solid leadership and problem-solving skills, seasoned judgment and ability to learn quickly, gain credibility and influence the organization.

· Confidence and tactful and professional assertiveness.

· Strong interpersonal skills to develop productive relationships at all levels, establish trust, and provide thoughtful counsel.

· A high level of self-motivation and discipline, working both independently and as a team player.

· Demonstrated ability to juggle multiple priorities, organize time, and identify appropriate resources for projects.

· Time-management skills to achieve and complete tasks/projects congruent with agency needs.