Minimum Qualifications Preferred Qualifications: Candidates must have been admitted to the New York State Bar and must have four years of experience in the practice of law subsequent to admission to the Bar. Preference may be given to candidates who also have a valid notary license.
Duties Description The Office of Counsel provides legal guidance and services to the Office for People With Developmental Disabilities (OPWDD) network on the myriad of issues arising from the delivery of supports and services to individuals with developmental disabilities. Attorneys are called upon to draft and review legislation, regulations, policy, contracts, and real property transactions, advise on compliance with Medicaid programs for people with developmental disabilities, certification, and approval of providers of services, employment matters, participate in administrative hearings and oversee litigation. The Associate Counsel in this position will manage the Bureau of Service Delivery and Program Compliance. Duties include but are not limited to the following:
- Oversee and manage agency initiatives including those of OPWDD as a direct service provider, as well as in its regulatory oversight functions.
- Direct all legal matters for the agency related to capacity and consent, individual rights and protections, guardianship, end of life/MOLST, service authorization and program requirements, provider applications and CONs, voluntary provider certification and regulatory compliance, adverse action against voluntary providers including, but not limited to fines, sanctions and actions taken against the operating certificates of voluntary providers, reporting and incident management, adult protective issues, residential opportunities and placements, treatment over objection and health care questions, 633.12 objections, educational age out issues and 622.21 hearings, and Willowbrook Permanent Injunction compliance.
- Draft legislation, regulations, directives, and policies on matters of provisions of services to individuals, professional licensure requirements and administrative due process.
- Liaison with other state agencies and stakeholders to implement new and existing statutory and regulatory requirements.
- Provide legal advice, assistance, and guidance to Counsel's Office staff and Executive level leadership and managers specifically on OPWDD's role as both a provider of service's and the agency's responsibility for the oversight of voluntary agencies.
- Supervise legal staff in researching and preparing legal documents, findings, legal precedents, and engaging in legal analysis on subject matters covered by the bureau etc.
Additional Comments •The Office for People With Developmental Disabilities (OPWDD) and it's Division of Executive Office is committed to creating and sustaining a culture of inclusion. We believe that we are most effective in managing and improving our service system with a diverse team of employees. With such a large workforce, we rely on the collective individual differences, life experiences, knowledge, self-expression, ideas and talent that our employees bring to their work. This speaks to our culture, and is a key part of our successes. As we continuously recruit people for our team, we welcome the unique contributions that applicants bring in terms of their education, culture, ethnicity, race, sex, gender identity and expression, nation of origin, age, languages spoken, veteran’s status, color, religion, disability, sexual orientation and beliefs.
•Preference will be given to OPWDD employees impacted by closures. If you are being impacted by closure, please indicate this on your resume/cover letter.
•In order to be eligible for appointment and to maintain employment, you cannot be listed as an excluded individual or entity on any of the Federal and/or State Medicaid and Medicare exclusion lists (or excluded from any other Federal or Federally assisted program). If you are appointed and subsequently listed as an excluded individual or entity on any of these lists (or excluded from any other Federal or Federally assisted program), you may be terminated from your employment.
•This position has been designated as "Policy Influencing" by the New York State Civil Service Commission. As such, the incumbent of the position would serve at the pleasure of the appointing authority.
•OPWDD is an Equal Opportunity/Affirmative Action Employer.
Some positions may require additional credentials or a background check to verify your identity.