The Senior Counsel will serve as staff legal counsel for the
Legal Affairs Department, will be responsible for managing
ongoing legal projects, 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
- Other Juris Doctor or equivalent degree from a law school accredited by the American Bar Association.
- 5 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.
- Experience with navigating complex and dynamic corporate organizations.
- California Licensed Attorney – The State Bar of California -REQUIRED
- Some litigation or litigation management experience is helpful.
- Experience as corporate or in-house corporate counsel.
Other Qualification Requirements
- Admitted to the State Bar of California (or eligibility under the Registered In-House Counsel provisions of the State Bar of California) and 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.
- Integration and Interaction with other counsel in Legal Affairs Department.
- Acts as liaison between outside counsel and Sharp’s 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 to minimize or eliminate duplicate efforts and maintain outside legal costs at a reasonable level.
Drafts and Reviews Agreements
- Extensive review, drafting and negotiation of contractual arrangements, including, but not limited to: health care provider agreements, affiliation agreements, professional services contracts, software and licensing agreements, consultant agreements, , transfer agreements, marketing, advertising, and speaker contracts, and other arrangements and documents that may be necessary to the organization’s business relationships.
- Structures and crafts agreements that effectively support the services and functions of Sharp HealthCare and its affiliates.
- Assures that all contracts and agreements are reviewed or drafted in an accurate manner and in compliance with applicable legal and regulatory requirements and Sharp policy; and works with the clients to establish completion or due dates and timely completes projects.
Legal Consultation/ Litigation Management
- 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.
- Provides timely legal advice and opinions to clients on an as needed basis taking into account federal and state health care laws and regulations, including Stark, Anti-Kickback, Medicare/Medicaid, HIPAA, California Corporate Practice of Medicine Doctrine, tax exemption implications, and Sharp’s policies.
- Researches, interprets and applies federal and state laws, regulations, interpretive guidelines, advisory opinions, and case law relating to healthcare operations, contractual arrangements and/or transactions; 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, tax, and corporate governance), and prepares memoranda and opinions as necessary.
- Proficient in use of law library, internet and other resources, including Westlaw or Lexis. Monitors federal and state legal/regulatory requirements and developments (including proposed legislation), to ensure compliance by Sharp HealthCare’s operations, policies and procedures.
- Assists in the management, support and coordination with outside counsel for business, physician and other litigation involving Sharp HealthCare and its affiliates.
- Acts as an advisor to Sharp HealthCare and its affiliates, including its Compliance Department, and assists with establishing organizational standards and guidelines for compliance within the system. Coordinates advice with General Counsel, Assistant General Counsel, other attorneys and VP Compliance to assure consistent advice is given throughout Sharp HealthCare.
- Represents Sharp HealthCare in legal forums as necessary.
- Attends and actively participates in meetings, either in person or virtually whenever presence is required. Attends department staff/attorney huddles or meetings as required.
- Program and Services Development/Continuing Education
- Reviews health care related journals, magazines and other materials to stay abreast of legal developments impacting Sharp HealthCare.
- Participates in health care related professional associations and outside educational programs where budget and time permit to broaden abilities and work-related objectives for professional growth and development.
- Creates educational opportunities for Sharp HealthCare management and staff.
- Identifies legal educational/training needs and satisfies mandatory continuing legal education requirements established from time to time by the State Bar of California or other applicable jurisdictions.
Knowledge, Skills, 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.
For a detailed job posting and to apply at: https://careers.sharp.com/job/san-diego/senior-counsel-legal-affairs-remote-ca-relocation-assistance-eligible/1031/28087797344