Position: Hospital Counsel
Definition:The Legal Services Department is responsible for the provision of legal services to, and for the management of the legal affairs of, the Kern County Hospital Authority and its affiliated entities. The Hospital Counsel:
- Serves as a member of the Legal Services Department;
- Reports to and performs services under the direction and supervision of the Vice President & General Counsel or his/her delegate; and Provides quality legal services and effective legal counsel in support of the hospital authority's business operations in a manner consistent with the hospital authority's mission and applicable law.
Essential Functions: Under the direction and supervision of the Vice President & General Counsel:
- Performs legal services for, represents and supports the hospital authority, including, without limitation, on matters related to hospital/health care operations; physician contracting; medical staff and peer review; patient and clinical care; patient consents; business and non-physician contracting; corporate, commercial, physician and business transactions (including the purchase, sale, lease and/or other transactions involving hospitals, ancillary or ambulatory health services, major equipment, physician organizations or medical groups, and health care operations); loans and financing transactions; the formation, operation, and dissolution of business organizations; legal/regulatory compliance; licensure, certification, and accreditation; health care privacy/security; clinical research; and internal investigations.
- Acts as a legal counselor/advisor to senior management on operational, business, strategic and legal matters relevant to the hospital authority.
- Serves as a resource to senior management on operational matters including, but not limited to, drafting and negotiating contracts, including provider agreements, health network contracts, administrative services agreements, management agreements, vendor and IT contracts and other business relationship matters.
- Assists with, and provides counsel to senior management on disputes, settlements, audits and investigations, appeals, fair hearings, administrative proceedings and small claims court actions; draft responses to audits and investigations, settlement documents related to contract disputes; provide representation at administrative hearings.
- Participates with outside counsel in representing the hospital authority in structuring and negotiating major business transactions.
- Provides legal advice to leadership and staff regarding medical-legal matters, such as informed consent, privacy, confidentiality, credentialing, regulatory requirements, and standard of care issues.
- Provides day-to-day legal advice to business/operational departments to ensure compliance with applicable laws, regulations, and policy.
- Provides legal counsel and prepares and reviews contracts for hospital authority departments, including Finance, Purchasing, IT, Human Resources, Marketing, Risk Management and Compliance.
- Analyzes the impact and applicability of federal and state health care laws and regulatory requirements in relation to the clinical, strategic, and business operations of the hospital authority. Assist in implementation of requirements.
- Advises and supports senior management on legal and regulatory implications of operational initiatives.
- Advises and counsels Medical Staff on legal issues related to credentialing and physician quality monitoring activities.
- Conducts legal research and prepares related opinions and advisory memoranda.
- Keeps informed regarding regulatory trends and best practices, and counsel senior management and staff on measures to avoid, reduce and mitigate risks.
- Attends and participates in management meetings, committees and workgroups.
- Attends Board and Board committee meetings on an as-needed basis.
Other Functions:- Performs other job-related functions, as requested.
Required Qualifications:- A Juris Doctor or equivalent degree from an accredited law school.
- Admission to the State Bar of California.
- Professional licensure in good standing without any instances of suspension, revocation, censure or other adverse events in any jurisdiction.
- A minimum of three (3) years of legal or legal-related work experience either with a law firm and/or in-house legal department involving the performance of legal services for hospitals, health systems, providers, health care delivery organizations, and/or integrated delivery systems.
- Demonstrated excellent working knowledge and primary focus of prior work experience in the following substantive legal areas affecting operations (including applicable federal, state and local laws, rules and regulations): hospital and health care operations generally; fraud and abuse, anti-kickback and physician self-referral (Stark law); hospital licensure, certification, accreditation and conditions of participation; legal compliance; reimbursement and payment for services; patient care, safety, consent and treatment; care management; medical staff and peer review; medical records; HIPAA, privacy and security; physician recruitment; hospital-physician contracts; and non-physician and business contracts.
- Good working knowledge of other substantive legal areas and issues related to operations and health care generally, including health care business and corporate transactions, hospital/physician transactions, joint ventures, lending or financial transactions, and mergers, acquisitions, and dispositions.
- Good working knowledge of the key operational and strategic issues and challenges currently affecting hospitals, health systems, providers, health care delivery organizations, and/or integrated delivery systems.
- Familiarity with or willingness to learn and understand the legal and operational issues unique to a public hospital.
- Demonstrated ability to identify legal risks, apply relevant law and organizational policies, and develop effective strategies for resolving or responding to the issues or risks.
- Excellent written and verbal communication skills, including the communication of complex legal and compliance concepts in a clear, concise and practical manner.
- Excellent contract drafting and negotiation skills.
- Demonstrated ability to multi-task, manage and turn-around significant and diverse work product in an effective and timely manner.
- Demonstrated ability to work closely and maintain good working relationships with and relate well to highly driven, diverse executives and personalities in an attorney-client setting.
- Demonstrated ability to work in a dynamic and challenging law firm or in-house legal department environment, and under stressful conditions.
- Ability to work independently with minimal hands-on supervision, yet exhibiting good judgment in seeking guidance and direction from the Vice President & General Counsel and other Hospital Counsel.
- A commitment to the "client experience" and high quality legal services, transparency and accountability, and being a "team player".
Supplemental:A background check may be required for this classification.
All Kern Medical employees are designated "Disaster Service Workers". In the event of a disaster or civil disorder, all Kern Medical employees are to remain at work or to report to work in a safe and practicable manner.
If position responsibilities require driving a personal vehicle, then possession of a current valid California Driver's License and adherence to the Kern County Hospital Authority Vehicle Use and Driving Standard Policy (ENG-EC-119) is required.
If position responsibilities require driving a vehicle owned, leased or rented by Kern Medical, then possession of a current valid California Driver's license, a signed authorization for Release of Drivers Record Information and adherence to the Kern County Hospital Authority Vehicle Use and Driving Standard Policy (ENG-EC-119) is required.
Note: This position description should not be construed to imply that these requirements are the exclusive standards of the position. Incumbents will follow any other instructions, and perform any other related duties, as may be required. The hospital authority has the right to revise this position description at any time. This position description is not to be construed as a contract for employment. 
