Description:

Job Overview:
The State of Tennessee is seeking an Assistant Attorney General (AAG) who will support the Deputy Attorney General of the Healthcare Division on COPA matters. The AAG will participate in the active supervision of the COPA issued to Ballad, by monitoring the New Health System's compliance with the COPA and the TOC, and by collaborating with the Department to evaluate performance against the COPA statutes, rules and regulations.

The duties and responsibilities of the COPA AAG include, but are not limited to, the following:
  • Advise the Department of Health on the interpretation and enforcement of the COPA statutes and the TOC governing the parties involved.
  • Review and advise the Department of Health on COPA requests from Ballad and complaints from the community, stakeholders, or others.
  • Review and analyze COPA-required reports from Ballad for completeness and compliance with the COPA and the TOC.
  • Evaluate and advise the Department of Health on Ballad's provision of a public advantage sufficient to continue the operation of the COPA and advise on potential modifications to the COPA as required to demonstrate the continuing public advantage resulting from the COPA's issuance.
  • Attend weekly COPA meetings with the Department of Health and joint weekly meetings between the Tennessee and Virginia Departments of Health.
  • Attend monthly meetings with the Commissioner of the Department of Health.
  • Attend monthly virtual meetings with Ballad and quarterly meetings with Ballad held in Johnson City, Tennessee.
  • Attend annual public COPA meetings in Northeast Tennessee.
  • Attend meetings as requested by stakeholders in the community as well as public officials and executives from other state offices and branches of government.
  • As assigned, advise and represent the Department of Health in other matters, including but not limited to adjudications of professional disciplinary matters heard under the Tennessee Uniform Administrative Procedures Act (UAPA).

The ideal candidate will have the following qualifications:
  • Juris Doctorate and Tennessee bar admission or ability to apply for admission without examination.
  • Prior experience advising state or other regulatory bodies on COPAs, or prior antitrust experience related to health systems or healthcare providers.
  • Familiarity or prior experience ensuring compliance with the state action immunity doctrine in antitrust law.
  • Prior in-house counsel experience at a hospital or health system, or equivalent experience in private practice.
  • General familiarity with the healthcare industry and trends.
  • Familiarity with or background in public health.
  • Experience with payor-system contracts and performance thereon.
  • Excellent writing and reasoning skills.