Job Description

The Department of Developmental Services (DDS) is seeking an experienced attorney to serve as Assistant General Counsel (Counsel II) . This position will provide legal support to the Office of the General Counsel on a variety of public law issues.

The legal support will include drafting and interpreting Medicaid Waiver language, providing advice to the Departments senior managers regarding regulatory compliance with federal (Center for Medicare and Medicaid Services (CMS)) regulations, rules and policies; promulgation of regulations and regulatory interpretation; providing support to information technology personnel concerning federal and state criminal background checks; conducting appeals of matters related to the investigation of abuse and mistreatment; representing the department in administrative appeals and audits; managing and supporting agency litigation; responding to requests for public records, legal memoranda and correspondence as needed.

Manage and support Departmental litigation including complex public law class actions; assign work to and review/edit work of paralegal staff; provide advice to the Department's senior managers regarding informational privacy and security compliance and respond to requests for data and information. In addition, the attorney in this position would work closely with the General Counsel and other Central Office attorneys to respond to daytoday legal issues as needed and assigned by the General Counsel. Travel throughout the state as required.

Duties and Responsibilities (general summary and not all inclusive):

• Provide legal consultation and advice to the Departments senior managers, executive and field staff regarding issues relevant to the administration of a public agency.
• Maintain a broad knowledge of disability law, Medicaid law, relevant case law and regulations, as well as healthcare administration with a particular emphasis on the proper handling of confidential information. Develop knowledge and understanding of the different services provided by the Department and how confidential information is used to service individuals.
• If a privacy breach occurs, work with the Department Investigations Unit to document circumstances and, if necessary, initiate changes to privacy/policy to avoid recurrence.
• Recommend, plan, implement, and monitor privacy improvements; work with EOHHS on a privacy compliance process to the extent that EOHHS presents a plan to establish uniform compliance policies and procedures across all covered entities in the state health care system.
• Work with internal and external auditors to resolve or eliminate exceptions to what may be considered standard privacy procedures.
• Remain up to date on HIPAA Privacy Rule compliance requirements and take all necessary steps to achieve and maintain compliance with state and federal laws, regulations and policies related to privacy and confidentiality of information.
• Maintain organized and accessible file systems.
• Support and assist information technology and operational processes in accordance with relevant law and regulations.
• Manage and support Departmental litigation including complex public law class actions and legal compliance activities and assist Attorney Generals Office in the preparation of cases in which the Department is a party.
• Provide advice regarding the state administrative procedures act, the Massachusetts tort claims act, the conflictofinterest law, the public records law, state contracting procedures, and other issues relevant to the administration of a public agency.
• Conduct activities related to the promulgation of regulations.
• Serve as appeals officer for 115 CMR 9.00 investigation appeals.
• Respond to requests for public records, data and information and all aspects of public records management; respond to general correspondence and inquiries, conduct legal research, legal memoranda, letters, etc.
• Represent the Department at administrative hearings, in court, and at internal and external meetings.
• Perform other duties as directed and required by the General Counsel.
• Travel throughout the state as required.

Preferred Qualifications:

• Current Massachusetts bar license.
• Ability to represent the department in court, before administrative bodies, on committees, workgroups, and at meetings (internal and external).
• Ability to prepare technical and general reports, memoranda, and opinions, ability to work under pressure and to produce professional results, and experience in the field of human services and working with individuals with disabilities.
• Ability to travel statewide as required to attend court or administrative hearings and meetings.

The mission of the Department of Developmental Services (DDS) is to create innovative and genuine opportunities for individuals with intellectual and developmental disabilities to participate fully and contribute meaningfully to their communities as valued members. DDS serves over 41,000 vulnerable individuals throughout their lifetimes, providing a spectrum of day, employment, and residential supports. The agency directly oversees and manages over 2.74 billion in public funds (2.44 operating budget) and approximately 5,500 staff, the largest state employee workforce of any agency in the Massachusetts executive branch of government.

PreHire Process:

For more information about our agency and programs visit Education, licensure, and certifications will be verified in accordance with the Human Resources Divisions Hiring Guidelines. Education and license/certification information provided by the selected candidate(s) is subject to the Massachusetts Public Records Law and may be published on the Commonwealths website.

Recommended candidates must successfully complete preemployment screening which includes:

• Abuser Registry:
• National Background Checks:
• Fingerprint Background Check:

If you require assistance with the application/interview process and would like to request an ADA accommodation, please click on the link and complete the Reasonable Accommodation Online Request Form.

For help logging into/resetting your MassCareers profile, call the Employment Service Center at 6179798500 for assistance.

For questions regarding this requisition, please contact the Executive Office of Health and Human Services Human Resources at 18005104122 Ext.#4.

Please upload a cover letter and resume for this requisition.

First consideration will be given to those applicants that apply within the first 14 days.

Minimum Entrance Requirements: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and at least three years of fulltime, or equivalent parttime, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Salary placement is determined by a combination of factors, including the candidates years of directly related experience and education, and alignment with our internal compensation structure as set forth by the Human Resources Divisions Hiring Guidelines. For all bargaining unit positions (nonmanagement), compensation is subject to the salary provisions outlined in the applicable collective bargaining agreement and will apply to placement within the appropriate salary range.

Benefits:

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future. Want the specifics? Explore our Employee Benefits and Rewards!

Equal Opportunity /Affirmative Action Employer

An Equal Opportunity /Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may selfselect out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.

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