Description:
The Support and Lien Recovery Litigation Unit (SLRLU) provides litigation services and legal counsel to the Commissioner, Office of Child Support Services (OCSS), the Medical Assistance Program (MAP, also known as Medicaid), the Home Care Services Program (HCSP), and the Investigation, Revenue and Enforcement Administration (IREA), in accord with Federal, State and City laws and regulations. Under the general direction of the Associate General Counsel or other supervising attorney, with wide latitude for independent judgment and decision, the Agency Attorney III will serve as a Senior Attorney for the Office of Legal Affairs. The Senior Attorney litigates and may supervise attorneys who prosecute or defend civil legal actions in Court or prepare and review legal documents on behalf of the Commissioner.The Office of the General Counsel of Legal Affairs (OLA) is recruiting for one (1) Agency Attorney III to function as Senior Attorney within their Support and Lien Recovery Litigation Unit (SLRLU).
The Senior Attorney will be assigned to the Estates and Medicaid Review team or the Supplemental Needs Trusts (SNTs) and Guardianship team. Both teams represent the Commissioner in conferences, hearings, depositions, and other court proceedings. Estate attorneys litigate estate matters in Surrogate's Court and Supreme Court in all five boroughs to recover Medicaid monies due and owing the Department. In addition, estate attorneys review Medicaid applicants' trusts to ensure compliance with regulations.
SNT and Guardianship attorneys litigate trust disbursement and management issues, breach of fiduciary duty and illusory trust issues, and recovery of Medicaid monies due and owing the Department.
In addition to the foregoing, a Senior Attorney:
- Drafts intricate documents such as pleadings, motions, statements, contractual agreements, and provisions in conjunction with court orders, agreements, stipulations, services to be delivered, or judgments; protects the City against potential liability, reviewing and analyzing city, state, and federal law to make recommendations concerning the effect thereof.
- Provides legal counsel and assistance to IREA by researching legal aspects of issues, questions, or problems, interpreting the intent and ramifications of laws relating to supplemental needs trusts, guardianships, estates, liens, and recoveries.
- Represents the Commissioner in judicial proceedings by appearing before the courts, engaging in motion practice, conducting depositions, and preparing evidence and witnesses to prosecute or resolve litigation in difficult cases. May conduct complex negotiations on behalf of the agency to obtain settlements that are fair, equitable, and ultimately advance and/or protect the agency's interests.
- Reviews and approves trusts that Medicaid applicants submit to shelter their assets. This includes analyzing draft supplemental needs trusts to ensure the agency can effectively monitor and recover trust assets, monitoring trends in trust language, and authoring legal recommendations about problematic provisions or language.
- May supervise subordinate attorney staff and support staff and/or oversee the work of, or provide guidance to, other attorney staff and legal support staff in preparing written work product and oral advocacy. May monitor time and leave and may provide staff training and development on policy, practice, and new procedures.
- The selected candidate will be assigned to the 4 World Trade Center office at 150 Greenwich Street, New York, NY 10007.
Minimum Qualifications:
- Admission to the New York State Bar; and either "2" or "3" below.
- One year of satisfactory United States legal experience subsequent to admission to any state bar; or
- Six months of satisfactory service as an Agency Attorney Interne (30086).
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
In addition to meeting the minimum Qualification Requirements:
To
be assigned to Assignment Level (AL) II, candidates must have one year
of experience at Assignment Level I or two years of comparable legal
experience subsequent to admission to the bar, in the areas of law
related to the assignment. To be assigned to AL III candidates must have
two years of experience in Assignment Levels I and/or II or three years
of comparable legal experience subsequent to admission to the bar, in
the areas of law related to the assignment.Preferred Skills:
Knowledge of laws and practice regarding SNTs, guardianships, estates, trusts, and Medicaid - Excellent Written and Oral Advocacy Skills - Experienced Litigator - Computer-literate, with proficiency in Microsoft Office - An openness and desire to learn new things and step out of your comfort zone, regardless of how much you already know
Residency Requirement:
New York City residency is generally required within 90 days of appointment. However, City Employees in certain titles who have worked for the City for 2 continuous years may also be eligible to reside in Nassau, Suffolk, Putnam, Westchester, Rockland, or Orange County. To determine if the residency requirement applies to you, please discuss with the agency representative at the time of interview.
