Associate Legal Counsel - Bryan Health

GENERAL SUMMARY:

Under the direction of the Legal and Compliance Officer (“LCO”), serves as Associate Legal Counsel for Bryan Health and its affiliates. Provides legal consultation to all System personnel, including management staff and senior leadership. Provides legal oversight to ensure organizational adherence to federal and state legal/regulatory requirements. Monitors changes in such requirements and provides applicable organizational guidance and education. Serves as legal representative for external legal matters involving Bryan Health. Drafts legal memoranda and correspondence. Reviews and drafts organizational contracts and provides related business and legal guidance to ensure commercial reasonableness and compliance with applicable legal and regulatory requirements. In coordination with the LCO, serves as a gatekeeper for legal services; performs legal services within legal competencies and internal resources, and monitors legal work assigned to outside attorneys. Assists LCO in addressing legal and regulatory matters related to the Compliance Program.

PRINCIPAL JOB FUNCTIONS:

1. *Commits to the mission, vision, beliefs and consistently demonstrates our core values.

2. Reports to and supports the Legal and Compliance Officer of Bryan Health.

3. *Provides legal counsel on healthcare laws and other legal matters that affect Bryan Health, including state and federal patient privacy laws (e.g., HIPAA), fraud and abuse, anti-kickback, physician self-referral (Stark),

employment law, EMTALA, ADA and other anti-discrimination laws, clinical research, and state non-profit and IRS tax-exemption requirements.

4. *In collaboration with the LCO, helps develop compliance policies and procedures, and investigates and resolves compliance concerns.

5. *Serves as a resource to members of the Bryan Health leadership team, Risk Management and other System personnel concerning legal and compliance matters; serves on committees and task forces to communicate legal and compliance requirements. Performs legal research, and related education, in order to provide legal guidance on matters that effect ongoing operations.

6. *Monitors and evaluates actual and proposed changes to federal and state laws and regulations to ensure continued compliance by Bryan Health; notifies and communicates proposed changes to appropriate System personnel.

7. *Drafts legal correspondence and memoranda; negotiates, drafts and reviews operational and transactional legal documents related to real estate and equipment purchases and leases; IT-related software and hardware; managed care and insurance; physician and other provider service arrangements; educational affiliations; joint ventures ; financing; policies and procedures; and other agreements and documents necessary to support the operations of Bryan Health.

8. *Provides counsel on the legal aspects of patient care, including informed consent, treatment of minors, advanced directives and patient surrogacy.

9. *Represents Bryan Health in the resolution of external inquiries from governmental agencies, patients and their legal representatives.

10. *Reviews all legal issues as requested; performs related legal work and, as applicable, outsources legal work to outside law firms and monitors/coordinates work product.

11. Maintains professional growth and development through seminars, workshops, and professional affiliations to keep abreast of latest trends in field of expertise.

12. Participates in meetings, committees and department projects as assigned.

13. Performs other related projects and duties as assigned.

(Essential Job functions are marked with an asterisk “*”. Refer to the Job Description Guide for the definition of essential and non-essential job functions.) Attach Addendum for positions with slightly different roles or work-specific differences as needed.

EDUCATION AND EXPERIENCE:

Juris Doctorate from an accredited College of Law with licensure to practice law in the State of Nebraska required. Minimum of two (2) years’ experience working in the legal field required. Experience with health care law and compliance preferred.

OTHER CREDENTIALS / CERTIFICATIONS:

None

PHYSICAL REQUIREMENTS:

(Physical Requirements are based on federal criteria and assigned by Human Resources upon review of the Principal Job Functions.)

(DOT) – Characterized as sedentary work requiring exertion up to 10 pounds of force occasionally and/or a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects, including the human body.

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