Deputy Associate General Counsel for Litigation (CMSD)

Full Job Description

The HHS Office of the General Counsel seeks an accomplished federal litigator to serve as Deputy Associate General Counsel for Litigation in the CMS Division.

This senior leader directs all defensive litigation against CMS, including high-profile APA challenges to regulations, payment policies, and agency actions; advises CMS and HHS leadership on litigation strategy and risk; partners closely with DOJ in federal courts; and supervises nationally significant healthcare cases impacting millions.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

Candidates will not be hired based on their race, sex, color, religion, or national origin.

To meet the minimum qualification requirements for this position, you must show that you possess the Executive Core Qualifications (ECQ) and Technical Qualifications (TQ) related to this position within your resume - NOT TO EXCEED 2 PAGES.

Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified.

Your resume should include examples of experience, education, and accomplishments applicable to the qualification(s).

If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.

There is NO requirement to prepare a narrative statement specifically addressing the Executive Core Qualifications (ECQs) or the Technical Qualifications (TQs).

TECHNICAL QUALIFICATIONS (TQs): Your resume should demonstrate accomplishments that would satisfy the technical qualifications.

TQ 1: Demonstrated leadership experience overseeing complex litigation involving challenges to significant and novel programs, including Medicare, Medicaid, and ACA title I programs (private market reforms and health care Marketplaces), among others.

Requires experience in directing all aspects of defensive litigation, including review and evaluation of cases, strategy development, briefing, oral advocacy and settlement negotiations and appeal recommendations, and working with Department of Justice, CMS, and OGC leadership.

Demonstrated leadership experience overseeing litigation of Administrative Procedure Act (APA) issues.

TQ 2: Demonstrated leadership experience directing an effective cadre of lawyers and supporting personnel, setting appropriate priorities, and ensuring that the organization meets clients' needs for a high functioning litigation group handling a large volume of extremely complex, high priority litigation.

EXECUTIVE CORE QUALIFICATIONS (ECQs): In addition to the Technical Qualification Requirements listed above, all new entrants into the Senior Executive Service (SES) under a career appointment will be assessed for executive competency against the following five mandatory ECQs.

If your 2-page resume does not reflect demonstrated evidence of the ECQs and TQs, you may not receive further consideration for the position.

There are five ECQs: ECQ 1: Commitment to the Rule of Law and the Principles of the American Founding - This core qualification requires a demonstrated knowledge of the American system of government, commitment to uphold the Constitution and the rule of law, and commitment to serve the American people.

ECQ 2: Driving Efficiency - This core qualification involves the demonstrated ability to strategically and efficiently manage resources, budget effectively, cut wasteful spending, and pursue efficiency through process and technological upgrades.

ECQ 3: Merit and Competence - This core qualification involves the demonstrated knowledge, ability and technical competence to effectively and reliably produce work that is of exceptional quality.

ECQ 4: Leading People - This core qualification involves the demonstrated ability to lead and inspire a group toward meeting the organization's vision, mission, and goals, and to drive a high-performance, high-accountability culture.

This includes, when necessary, the ability to lead people through change and to hold individuals accountable.

ECQ 5: Achieving Results - This core qualification involves the demonstrated ability to achieve both individual and organizational results, and to align results to stated goals from superiors.

Note: If you are a member of the SES or have been certified through successful participation in an OPM approved SES Candidate Development Program (SESCDP), or have SES reinstatement eligibility, you do not need to respond to the ECQs.

Instead, you should attach proof (e.g., SF-50, Certification by OPM's SES Qualifications Review Board (QRB)) of your eligibility for noncompetitive appointment to the SES. Major Duties:

This position is located in the U.S. Department of Health and Human Services (HHS), Office of the General Counsel (OGC), Centers for Medicare & Medicaid Services (CMS) Division.

The Deputy Associate General Counsel (DAGC) for Litigation serves as the principal legal advisor on defensive litigation brought against CMS and provides strategic leadership over one of the most significant federal healthcare litigation portfolios in the government.

The incumbent directs all aspects of CMS Division litigation, including case review and evaluation, development of litigation strategy, oversight of briefing, coordination of oral advocacy, and supervision of settlement negotiations.

The DAGC ensures that litigation positions are legally sound, strategically aligned with Departmental priorities, and grounded in strong administrative law principles.

In this role, the DAGC provides executive-level counsel to senior CMS and HHS leadership on high-stakes and high-visibility litigation matters, including challenges to regulations, payment methodologies, enforcement actions, and other agency actions frequently brought under the Administrative Procedure Act.

The incumbent regularly briefs political leadership on litigation risk, legal vulnerabilities, and strategic considerations, translating complex legal issues into clear and actionable guidance.

The position requires close coordination with the Department of Justice at all levels-from Assistant U.S.

Attorneys to the Civil Division and the Office of the Solicitor General-and plays a central role in shaping the government's approach to district court, appellate, and Supreme Court litigation.

The DAGC supervises and mentors a team of accomplished litigators, including supervisory and staff attorneys responsible for executing the Division's litigation work.

In doing so, the incumbent ensures the highest standards of written and oral advocacy, promotes consistency in statutory and regulatory interpretation across cases, and maintains effective internal review processes.

The DAGC fosters a collaborative, high-performance environment that supports professional development while delivering rigorous, strategic defense of agency actions.

This position is well suited for an accomplished litigator with substantial federal court experience, particularly in Administrative Procedure Act litigation, complex regulatory disputes, and constitutional or statutory challenges to federal agency action.

Candidates should possess demonstrated expertise in federal civil procedure and strategic case management, as well as the judgment and leadership skills necessary to manage high-impact litigation affecting programs that serve millions of Americans.