Attorney III (Central Office)

Full Job Description

Are you passionate about making a real difference in people's lives? Join our team at the Office of Mental Health where we are dedicated to providing compassionate and accessible care to our community.

We are seeking an Attorney III who is motivated to help individuals and families navigate life's challenges and achieve long-term wellness.

If you want to use your skills to build a healthier, more resilient community, we encourage you to apply.

This position is located at the SC Department of Behavioral Health and Developmental Disabilities (DBHDD) - Office of Mental Health, Central Office, 400 Otarre Parkway Cayce, SC 29033.

As the Attorney III, under general supervision of the Office of Mental Health General Counsel, acting with substantial independence, this position will provide professional legal services and representation for the Office of Mental Health in the primary areas of mental health law and processes, and related advice and counsel to the Office of Mental Health (OMH).

Responsibilities for the Attorney III:

Tort and Litigation: Manage all tort claims against the agency. Liaise with the Insurance Reserve Fund, outside counsel, and third parties as needed.

Manage outside attorneys who represent the agency in tort matters. Coordinate all necessary discovery within litigation matters.

Direct representation of the agency in the absence of IRF coverage for cases. Maintain the agency's litigation report and regularly update same.

Contracts: Serve as OMH's contract attorney by reviewing contracts for individual medical providers, property leases and contracts for the operation of healthcare facilities and statewide third parties.

Provide legal advice to OMH employees, management, and officials in matters primarily related to contracts as needed.

Work with the Division of Financial Services and procurement on all contract related matters.

HIPAA Privacy and Compliance: Serve as the privacy and HIPAA expert for the Office of General Counsel. Advise agency privacy officials. Serve as a member of the Privacy review committee.

Interpret laws and policies regarding patient privacy as it relates to HIPAA, Part 2 and other state and federal privacy requirements.

Develop policies and forms necessary to assist OMH staff in understanding and adhering to privacy requirements. Assist the Compliance office in certification, regulatory, and audit matters.

Serve as a member of the Institutional Review Board.

Facilitate OMH dept collection efforts through estate claims and liens in probate court, foreclosures in circuit court, claims in bankruptcy court, and applicable appeals.

Work closely with the OMH Department of Financial Services. Prepare documents for leadership approval of waivers or compromises of OMH claims and liens. Prepare biannual reports regarding collections.

Monitor and pursue related legal processes and procedures including negotiating with courts and parties. Instate travel to hearings, usually during normal working hours (8:30AM- 5:00PM).

Monitor and create semi-annual reports related to legal collections and OMH tax setoff results.

Provide legal advice to OMH employees, management, and officials in matters related to OMH claims, liens, bankruptcy, and collections. Oversee the work of the law clerk in collection matters.

Respond to questions of a legal nature from OMH staff, public officials, courts, attorneys, public agencies, medical providers, and the public about OMH operations, inpatient and outpatient facilities, and applicable law and policies.

Participate as a faculty member in OMH's Didactic for the Forensic Fellowship with USC Medical School and Prisma Health and the OMH Psychology Forensic Fellowship.

Requirements

• A juris doctor degree or its equivalent from an accredited law school and experience as a practicing attorney.

Additional Requirements

• Ability to attend meetings or conduct trainings outside of usual business hours.
• Ability to travel within South Carolina.

Qualifications

• Must be a member and in good standing with the South Carolina Bar and completion of the 403 requirements.
• Bilingual abilities in English and Spanish (or another language) are a plus.

Additional Information

Post hire, employees must:

• Have knowledge of the laws of South Carolina and knowledge of the theories of legal research.
• Be able to interpret and apply policies, laws, and judicial decisions.
• Have good verbal and written communication skills with emphasis on attention to written details.
• Be able to provide duties under the general supervision of the OMH General Counsel.
• Be able to handle complex of difficult matters within board guidelines for independent execution of essential job duties.

The Department of Behavioral Health and Developmental Disabilities is committed to providing equal employment opportunities to all applicants and does not discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions including, but not limited, to lactation), national origin, age (40 or older), disability or genetic information.

Supplemental questions are considered part of your official application. Any misrepresentation will result in your disqualification from employment.

Please complete the state application to include all current and previous work history and education.

A resume will not be accepted nor reviewed to determine if an applicant has met the qualifications for the position.

The Department of Behavioral Health and Developmental Disabilities offers an exceptional benefits package for full time (FTE) employees:

• Health, dental, vision, long-term disability, and life insurance for employees, spouse, and children. Click here for additional information.
• 15 days annual (vacation) leave per year
• 15 days sick leave per year
• 13 paid holidays
• Paid Parental Leave
• S.C. Deferred Compensation Program available (S.C. Deferred Compensation)
• Retirement benefit choices *
  • State Retirement Plan (SCRS)
  • State Optional Retirement Program (State ORP)

*Enrollment in one of the listed plans is required for all FTE employees; please refer to the contribution section of hyperlinked retirement sites for the current contribution rate of gross pay.