Duties and Responsibilities:
This is a highly responsible Senior Attorney position reporting directly to the Deputy General Counsel. The incumbent in this position provides legal representation to the Department of Elder Affairs (Department) under the direction of the Deputy General Counsel.
Litigation. Represents the Department in litigation in various forums to include state trial and appellate courts, federal trial and appellate courts, and state and federal administrative forums. Department litigation includes federal and state challenges to the Department’s programs and policies, enforcement actions, and contract and real estate matters.
Personnel. Counsels and advises the Department on personnel matters. Represents the Department in personnel litigation and professionally addresses other legal issues that arise from Department personnel matters.
Fair Hearings. Represents the Department in Fair Hearings in person, by video conference, and by audio conference. Analyzes Medicaid legal issues and provides legal advice and guidance. Provides training to Department staff as needed on fair hearings and procedures.
Rulemaking. Drafts and reviews proposed rules for both substantive and technical legality. Participates in rule development, rule workshops and rule hearings. Responsible for moving proposed rules through the statutory rulemaking process. Counsels, assists and guides Department staff on all aspects of rulemaking with the Bureau of Administrative Code, Office of Fiscal Accountability and Regulatory Reform (OFFAR), and the Joint Administrative Procedures Committee (JAPC). Supervises the handling of all rule-making activities of the Department.
Contract Review, Drafting and Procurement. Develops, drafts, and reviews contracts and contract amendments. Professionally addresses all legal issues related to contract procurement.
Legislation. Develops, drafts, reviews, monitors, and implements proposed legislation, prepares bill analyses, and reviews existing statutes for proposing any needed legislation. Monitors legislative activities for impacts on the Department.
Public Hearings, Workshops, Meetings, and Conferences. Conducts or supervises the handling of public hearings, workshops, meetings and conferences. Prepares and files, as requested, notices in the Florida Administrative Register for public hearings, workshops, meetings, and conferences.
Legal Research. Conducts legal research in a thorough and professional manner on highly complex problems involved in the various functions of the Department. In conducting legal research, takes the time and effort to explore any underlying facts with appropriate Department staff. Stays well-informed of litigation and court decisions which might affect statutes and rules under which the Department carries out its responsibilities. Reviews and interprets statutes, regulations, rules, and operating procedures as necessary.
Legal Instruments. Prepares, reviews, or approves contracts, leases and other legal instruments as appropriate and necessary.
Public Records. Receives public records requests, identifies the appropriate records custodians within the Department, works with the records custodians to be sure all responsive documents are collected, assembled, and appropriately redacted, identifies and addresses any fees issues, and finalizes the requests. Assists in the formulation of Department public records policies and develops and tracks requests as necessary.
Agency Clerk. Serves as or assists the Department’s Agency Clerk in the processing of administrative complaints, hearing requests, recommended orders, final orders and appeals.
Background screening and Exemption cases. Advises the Department on background screening issues including but not limited to reviews of the results of Level 2 criminal history background screening checks, determinations on whether criminal offenses are disqualifying offenses, if the offense(s) are disqualifying offenses, determinations on whether the applicant meets the requirements to receive an exemption from the disqualifying offense(s), and finally, determinations on the merits of granting or denying the exemption application.
HIPPA. Professionally addresses legal inquiries regarding HIPAA and its applications to Department programs and operations.
Counsel and Advice. Assists the Deputy General Counsel in providing legal counsel and advice to the Secretary, Deputy Secretary and Chief of Staff and other administrative / managerial employees on complex legal issues relating to the Department’s programs and activities. Anticipates potential legal problems of new plans or programs and advises the Department of legal and administrative alternatives to achieve the Department’s objectives. Gives preventative legal advice to Department offices to avoid or mitigate the impact of litigation against the Department. Attends executive management and staff meetings and renders requested legal advice and counsel. Responds to oral and written requests from Department personnel as directed by the Deputy General Counsel. Legal advice and guidance require careful research, exploration of the underlying facts, and discussions with appropriate staff.
Performs other duties as assigned by the Deputy General Counsel and General Counsel.
Knowledge, Skills & Abilities Required:
Extensive knowledge of Florida Statues and policies and the ability to express ideas and information orally and in writing.
The candidate must have obtained a juris doctorate degree, be an active member in good standing with the Florida Bar, and have a minimum of 2 years legal experience in the practice of law.
This position will likely require more than 40 hours of work a week. Ability to travel as necessary.
A Successful completion of a Level 2 Criminal History Background Check is required for all applicants selected for this position.