Associate General Counsel

This position works collaboratively to provide legal counsel and representation to clients within the Agency. This includes the AHCCCS Director, Deputy Directors, Assistant Directors, and other leadership and staff throughout the Agency. This position has the potential to work from home in a Virtual Office (VO) setting or may Telecommute based on the needs of the unit and at the discretion of leadership.

Major duties and responsibilities include, but are not limited to:
• Perform legal research, provide legal advice, and prepare related legal documents regarding compliance with state and federal law and other relevant legal authorities regarding the administration of AHCCCS' programs. This includes the public behavioral health delivery system, protection of the rights of persons with the serious mental illness designation, claiming of federal financial participation (FFP), managed care contracting, healthcare provider qualification and enrollment, provider reimbursement, beneficiary program eligibility, the scope of covered physical and behavioral health services, third party liability and coordination of benefits, and the administrative hearing process for applicants, beneficiaries, providers and contractors.
• Review and analyze current and proposed state and federal statutes and regulations, state and federal legislative proposals, sub-regulatory guidance, and case law applicable to the AHCCCS program. Ensure compliance with state and federal privacy and confidentiality requirements and respond to public records requests and subpoenas consistent with those state and federal privacy and confidentiality requirements.
• Review and analyze current and proposed state and federal statutes and regulations, state and federal legislative proposals, sub-regulatory guidance, and case law applicable to the AHCCCS program.
• Assist with the Office of Inspector General and other State/Federal law enforcement entities on issues of Medicaid fraud, waste and abuse.
• Participate in the negotiation, preparation and review of diverse contracts, including many of the largest procurements in the State. These include managed care contracts for physical, behavioral and long-term care services, and intergovernmental agreements including complex intergovernmental fund transfers; ensure compliance with procurement requirements; interpret contracts and advise in contract disputes including procurement protests. Assist with the drafting and negotiation of the Medicaid State Plan and the Section 1115 Waiver documents.
• Provide legal representation to the Agency in various administrative and regulatory matters and provide legal support to staff that represent the agency at administrative hearings.
• Review and analyze trusts associated with applications for benefits for compliance with legal and program requirements. Approving or denying trusts pursuant to 42 U.S.C. 1396p, recommending amendments to trust in order to qualify for program eligibility and providing oversight of trust reviews.
• Review Administrative Law Judge Recommended Decisions and assist with the preparation of Director Decisions and Final Decisions. Assist with the drafting of formal administrative rules consistent with program requirements, Agency objectives, and the Arizona Administrative Procedure Act.

Knowledge of:
• Administrative hearing and rule-making process
• Legal research methods and principles and their application
• Legal aspects of health care
• Managed care programs
• Entitlement programs including the Title XIX and Title XXI Programs, grant programs and funding
• Principles and practices to resolve issues involving trust law in general and Arizona law relating to treatment of trusts in particular
• Ethical standards applicable to lawyers and public employees
• Arizona law regarding public records
• Arizona law relevant to rule making
• Federal and state laws and regulations, AHCCCS programs, policies and procedures
• Administrative law, contract law and tort law
• Relevant court decisions, rules of evidence and court rules
• Experience in resolving issues involving the application of State and Federal law as it relates to the treatment of trusts in determining eligibility for AHCCCS and Title XIX programs
• HIPAA privacy laws and regulations; Part 2 Privacy provisions (42 CFR Part 2)
• Substantive and procedural due process

Skill in:
• Writing/preparing complex documents/reports
• Preparation of complex legal documents including pleadings, motions, discovery, affidavits or declarations
• Researching, extracting and utilizing relevant information and applying them to complex facts from complex problems, cases and assignments
• Utilizing interpersonal skills, sound judgment, oral and written communications, effective negotiation skills, and an adaptable, cooperative and persuasive approach
• Presenting cases and persuading administrative and judicial decision-makers through various stages of legal representation
• Strong organizational and interpersonal skills
• Attention to detail and accuracy
• Strong legal project management and facilitation skills, including project development, organization and prioritization
• Computer system skills, including advanced Microsoft Office skills and Google Suite
• Leadership and management skills

Ability to:
• Analyze and present legal positions clearly and logically in written and oral form
• Identify and perform analysis/synthesis of complex issues and present recommendations and reports
• Plan, prioritize and organize multiple projects and tasks
• Communicate complex issues verbally and in writing in a clear and concise manner
• Utilizing interpersonal skills, sound judgment, oral and written communications, effective negotiation skills, and an adaptable, cooperative and persuasive approach
• Presenting cases and persuading administrative and judicial decision-makers through various stages of legal representation
• Strong organizational and interpersonal skills
• Attention to detail and accuracy
• Strong legal project management and facilitation skills, including project development, organization and prioritization
• Computer system skills, including advanced Microsoft Office skills and Google Suite
• Leadership and management skills

Arizona Driver's License

Minimum:
• Juris Doctorate Degree from an accredited law school and the ability to maintain a current and valid license to practice law in the State of Arizona (or quaified for admission on motion).

Preferred:
• Minimum of two years of experience in the following areas: Health law, Medicare/Medicaid healthcare finance, or prior experience representing state or federal agencies Leadership of business, program, and operational units of a large organization.

• Successfully complete the Electronic Employment Eligibility Verification Program (E-Verify), applicable to all newly hired State employees.
• Successfully pass fingerprint background check, prior employment verifications and reference checks; employment is contingent upon completion of the above-mentioned process and the agency’s ability to reasonably accommodate any restrictions.
• Travel may be required for State business. Employees who drive on state business must complete any required driver training (see Arizona Administrative Code R2-10-207.12.) AND have an acceptable driving record for the last 39 months including no DUI, suspension or revocations and less than 8 points on your license. If an Out of State Driver License was held within the last 39 months, a copy of your MVR (Motor Vehicle Record) is required prior to driving for State Business. Employees may be required to use their own transportation as well as maintaining valid motor vehicle insurance and current Arizona vehicle registration; however, mileage will be reimbursed.

If this position requires driving or the use of a vehicle as an essential function of the job to conduct State business, then the following requirements apply: Driver’s License Requirements.

All newly hired State employees are subject to and must successfully complete the Electronic Employment Eligibility Verification Program (E-Verify).

Among the many benefits of a career with the State of Arizona, there are:
• 10 paid holidays per year
• Paid Vacation and Sick time off (13 and 12 days per year respectively) - start earning it your 1st day (prorated for part-time employees)
• Paid Parental Leave-Up to 12 weeks per year paid leave for newborn or newly-placed foster/adopted child (pilot program).
• Other Leaves - Bereavement, civic duty, and military.
• A top-ranked retirement program with lifetime pension benefits
• A robust and affordable insurance plan, including medical, dental, life, and disability insurance
• Participation eligibility in the Public Service Loan Forgiveness Program (must meet qualifications)
• RideShare and Public Transit Subsidy
• A variety of learning and career development opportunities

By providing the option of a full-time or part-time remote work schedule, employees enjoy improved work/life balance, report higher job satisfaction, and are more productive. Remote work is a management option and not an employee entitlement or right. An agency may terminate a remote work agreement at its discretion.

Learn more about the Paid Parental Leave pilot program here. For a complete list of benefits provided by The State of Arizona, please visit our benefits page

Lifetime Pension Benefit Program
• Administered through the Arizona State Retirement System (ASRS)
• Defined benefit plan that provides for life-long income upon retirement.
• Required participation for Long-Term Disability (LTD) and ASRS Retirement plan.
• Pre-taxed payroll contributions begin after a 27-week waiting period (prior contributions may waive the waiting period).

Deferred Retirement Compensation Program
• Voluntary participation.
• Program administered through Nationwide.
• Tax-deferred retirement investments through payroll deductions.

Persons with a disability may request a reasonable accommodation such as a sign language interpreter or an alternative format by emailing careers@azahcccs.gov.
Requests should be made as early as possible to allow time to arrange the accommodation. The State of Arizona is an Equal Opportunity/Reasonable Accommodation Employer.