Assistant Counsel

3 weeks ago

Albany, New York, United States New York State - New York Government Full time


Admission to the New York State Bar and a member in good standing with at least two years of subsequent post NYS Bar admittance professional legal experience as a practicing attorney in litigation and/or in administrative proceedings. Knowledge and experience with NYS legislative or regulatory processes are a plus.

Reporting to the Associate Counsel or Associate Attorney, the Assistant Counsel provides legal support for agency program areas in the form of legal advice, review and analysis of documents, and legal research of issues relating to Medicaid program integrity and health law generally.

The Assistant Counsel may also handle complex litigation in state and federal court and cases of first impression or novel issues related to Medicaid, Managed Care, Bankruptcy, Liens, and employment related matters.

Incumbents of this position may be assigned one or more of the following functions with specific duties including, but not limited to:

Provides legal support for the development and implementation of proposals to amend the State's legislation, regulations, or one of the components of Medicaid Managed Care contracts:


• Conducts research, reviews, and provides legal analysis of legislative proposals, including justification, impact to program integrity, and fiscal impact.

• Communicates and collaborates, as appropriate, with other stakeholders in determining impact of proposed legislation.

• Recommend legislative, regulatory, or contract changes where appropriate to enhance the agency's mission.

• Participates in discussions with agency staff to identify and assess the impact of proposed changes to agency operations, the feasibility of implementation, and evaluate whether to advance viable proposals.

• Drafts legislation and guides proposals through the legislative process.

• Provides legal support in implementing adopted legislation.

• Assists with the OMIG rulemaking process.

• Assists with the OMIG legislative process including the drafting and review of departmental and Article VII budget bills. Provides recommendations to Office of Counsel management and Executive staff on whether a proposal should proceed.

• Assists with the development or modification of office policies and procedures related to the promulgation of regulations and development of legislation.

Represents and defends the agency in legal proceedings and administrative hearings.


• Coordinates with and assists the Attorney General's office and local County Attorney's office in litigation matters pending against or related to OMIG and/or the Medicaid program in accordance with office policies and procedures.

• Reviews assigned cases and analyzes pleadings, researches associated legal issues to develop the agency's position and strategy.

• Prepares witnesses and exhibits for hearings and court proceedings.

• Represents the agency in presenting, or assisting in presenting, cases by preparing opening statements and summations, arguing motions, examining witnesses, consulting with parties to the proceeding, preparing briefs, evaluating and negotiating settlements, preparing appeals, and keeping appropriate managers and staff members advised as to case status.

Participates in contract negotiation, review and development.


• Researches, drafts, and negotiates managed care model contracts and participates in discussions with the Office of the Attorney General, Medicaid Fraud Control Unit, and the Department of Health.

• Assists with the agency procurement process and review of contracts prior to approval.

Works with the OMIG's Collections Unit on Legal issues including bankruptcies, withholds, filing of judgements, and other collection matters.


• Files judgement liens with counties throughout the state.

• Assists the Office of the Attorney General in representing the agency as a creditor in bankruptcy proceedings.

• Provides legal opinions and review documents relating to collections issues.

Provides legal advice and guidance to the Medicaid Inspector General and Executive staff, managers, supervisors, and Bureau of Human Resources Management (BHRM) staff.


• Provides analysis and interpretation of governing laws and regulations, such as federal and New York State employment and labor law, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Equal Pay Act, Human Rights Law, and the Family Medical Leave Act, particularly in new areas or unusual circumstances.

• Provides legal advice to agency policy makers on matters impacting the agency, and in the development of the agency's human resources programs in general.

• Actively participates in the analysis, review, and development of new or revised policies and practices governing workplace conduct.

• Provides legal advice and guidance to BHRM staff on labor and employment law issues, and on Civil Service Law as it pertains to recruitment and staffing, Reasonable Accommodations, and diversity management issues.

Prepares and presents cases at administrative proceedings, such as Workers' Compensation, DOL Unemployment Board, PERB, and Human Rights hearings, Section 72 hearings, and disciplinary arbitrations:


• Determines violations of laws, rules, policies, and provides analysis and input regarding potential administrative and disciplinary actions, including strategy and proposed penalties.

• Provides legal support and assistance during case development. Reviews cases, coordinates investigations, examines evidence, confers with stakeholders.

• Drafts, or reviews drafts of, documents such as Notices of Discipline, counseling memoranda, Letters of Reprimand.

Full-time, Exempt. Salary within the posted range will be commensurate with experience. This is an appointment to a position in the exempt jurisdictional class. All exempt appointments require completion of a background check prior to appointment, and completion of an annual Financial Disclosure Statement. Incumbents serve at the pleasure of the appointing authority, and the employment relationship can be altered at any time by either party.

The agency participates in the NYS Telecommuting Program and questions may be raised during the interview. Employees are required to apply and obtain approval through management to telecommute according to the agency's Telecommuting Program Guidelines.

Free on-site parking available at this location

Some positions may require additional credentials or a background check to verify your identity.

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