The attorneys selected will be dedicated to the selecting Section's work pursuant to the Health Care Fraud and Abuse Control ("HCFAC") Program, with an emphasis on the Section's matters that seek to enforce compliance with the ADA's integration mandate by preventing unnecessary segregation of persons with disabilities in institutions such as mental health facilities, nursing facilities, and other congregate settings. Applicants who wish to be considered by only one of the Sections should identify that Section in the applicant's cover letter.
The incumbent will be responsible for duties such as, but not limited to: (1) personally handling sensitive and/or complex investigations, litigation, and negotiations; (2) contributing to the development of strategies and priorities for HCFAC and Olmstead enforcement; (3) coordinating with other federal agencies to develop strategies for effective and efficient information sharing and case referrals; and (4) conducting outreach. The incumbent will be responsible for screening and developing new matters, conducting comprehensive investigations involving in-person visits, interviewing witnesses, working with experts, analyzing data, drafting written recommendations including legal analyses, litigating Olmstead claims and negotiating, monitoring, and enforcing settlement agreements. Litigation associated with these investigations is typically complex, involving extensive discovery, pretrial motions practice, preliminary injunction hearings, trials, and post judgment enforcement. This position requires travel and may require extended hours.
Required Qualifications:
Applicants must possess a J.D. from an American Bar Association accredited law school, be an active member of the bar in good standing (any jurisdiction), and possess the minimum years of post-professional law degree experience commensurate to the grade level of eligibility, as shown below. Applicants also must have strong, demonstrated qualifications in the following areas: academic achievement; written and oral communication skills; the ability to analyze complex issues; skill and experience working collaboratively and productively with others; organizational skills; professional judgment; initiative; and the ability to excel in a fast-paced, demanding environment. In addition, applicants must have outstanding professional references.
Preferred Qualifications:
Given the nature and volume of this work, the Sections generally seeks candidates with significant experience in complex litigation. Applicants with one or more of the following qualifications are preferred: (1) extensive civil trial experience; (2) extensive federal civil litigation experience; (3) experience with complex investigations and negotiations; (4) substantive knowledge of Olmstead, Medicaid, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and other applicable law; and (5) experience conducting outreach to a broad array of stakeholders. Judicial clerkships (especially in federal court), law review, moot court, clinical experience, and skill and experience working cooperatively and productively with a range of people, such as charging parties, witnesses, respondents, disadvantaged or disenfranchised groups, opposing counsel, judicial or administrative officials, advocacy groups, law enforcement personnel, and the staff of other federal or state governmental agencies are also preferred.
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