Senior Associate General Counsel in Valhalla, New York at Westchester Medical Center

Job Summary:
The Senior Associate General Counsel is responsible for providing specialized professional services
in the handling of legal matters for the Westchester Medical Center Health Network (WMCHealth). The Senior Associate General Counsel renders legal counsel to employees and mid-management in connection with the responsibilities listed below.

Health Law & Medical Staff Responsibilities:
• Provides extensive legal counsel on the full range of New York State and federal health law matters, including hospital licensure, certificate of need, and Department of Health regulatory compliance.
• Supports medical staff leadership, credentialing committees, and hospital administration on medical staff bylaws, credentialing, privileging, peer review, and disciplinary actions.
• Serves in an on-call legal capacity on a rotational basis with other attorneys within the Legal department, providing timely guidance to hospital administration, nursing leadership, and medical staff on urgent legal matters arising both during and outside of normal business hours, including emergency department and patient care issues.
• Advises on compliance with the New York Public Health Law, Mental Hygiene Law, Public Authorities Law and other state and federal health care statutes and regulations governing hospital and health system operations.

Healthcare Regulatory Responsibilities:
• Advises on provider regulatory compliance, including fraud and abuse laws such as the Stark Law and Anti-Kickback Statute, as well as licensure and scope of practice requirements.
• Partners with Compliance and Risk Management as needed to ensure alignment with healthcare regulatory requirements impacting providers and workforce operations.

Patient Rights & Consent Responsibilities:
• Advises hospital administration, nursing leadership, and medical staff on informed consent requirements, including consent for treatment, surgical procedures, and research participation, in accordance with New York Public Health Law.
• Provides legal guidance on complex patient care decisions, including guardianship, surrogate decision-making, health care proxies, and end-of-life care determinations under the New York Health Care Proxy Law and Family Health Care Decisions Act.
• Counsels on patient rights matters, including capacity assessments, involuntary treatment and admission under the Mental Hygiene Law and other applicable state and federal laws and regulations, and resolution of disputes involving patients, families, and care teams.

Privacy Responsibilities:
• Advises on compliance with HIPAA, the New York State Public Health Law, and other applicable state and federal privacy laws governing the use, disclosure, and protection of patient health information.
• Provides guidance on privacy and security considerations related to electronic health records, health information exchanges, telehealth, and other digital health initiatives.

Regulatory Response Responsibilities:
• Responds to regulatory audits, governmental inquiries, and investigations from state and federal agencies, including the New York State Department of Health, CMS, and OIG.
• Supervises and coordinates responses to Freedom of Information Law (FOIL) requests and subpoenas.
• Advises on incident reporting obligations, including NYPORTS and sentinel event reporting, and supports coordination with regulatory agencies on corrective action plans.

Core Responsibilities:
• Performs complex and extensive analyses and research as required.
• Coordinates activities and negotiations with outside counsel and opposing counsel as required.
• Assists with the implementation of policies, practices and standards for assigned areas that comply with WMCHealth policies and regulatory requirements.
• Guides and mentors less senior legal staff, supporting their growth and helping cultivate a collaborative, high-performing team culture.
• Position may include management responsibilities, including oversight of staff and/or direct reports.

Qualifications/Requirements:

Experience: Minimal 10 years of experience, required. Extensive experience serving as counsel to a New York hospital, health system, and/or academic medical center, required. Significant experience supporting medical staff affairs, including bylaws, credentialing, privileging, and peer review, required. Experience serving in an on-call capacity, providing timely legal guidance to hospital administration and medical staff, required. Extensive health law experience, including healthcare regulatory compliance, and healthcare fraud and abuse laws such as the Stark Law and Anti-Kickback Statute, required. Experience with New York Public Benefit Corporations, a plus.
Education: LLB (Bachelor of Law) or J.D. (Juris Doctor) Law Degree, required.

Licenses / Certifications: Admission to the Bar of the State of New York, required.

Other: N/A

Special Requirements: Must have excellent interpersonal, written and oral communication skills. Must be highly organized and able to independently manage competing demands, tight deadlines, and shifting priorities, but also know when to seek guidance. Excellent critical thinking skills, sound legal and business judgment, a sense of humor, and the ability to collaborate with management and the existing team of attorneys, is essential