This position is in the exempt jurisdictional class; therefore, there are no minimum qualifications. However, in order to be successful, candidates must be a member of the bar and licensed to practice in New York State for a minimum of two (2) years. Preferred candidates will have at least one (1) year of legal experience in health or mental health care law, Medicaid or Medicare law, health care financing, and/or managed care. Experience in contracts, State and Federal health care regulations, HIPAA and other State and Federal health care confidentiality laws, as well as demonstrated, superior legal research and writing abilities and attention to detail is preferred.

This is an exempt position; appointees serve at the pleasure of the appointing authority.

All OMH Central Office employees who are vaccinated for COVID-19 must show proof of vaccination. Fully vaccinated means that two (2) or more weeks have elapsed since receiving either the second dose in a two-dose COVID-19 vaccination series (e.g., Pfizer-BioNTech or Moderna) or the first and only dose of a single-dose vaccine (e.g., Johnson & Johnson [J&J]/Janssen). Those not vaccinated must indicate this. Vaccination is required for many OMH positions but not all. Those not vaccinated for COVID-19 are ineligible for appointment to positions that require vaccination.

The New York State Office of Mental Health (OMH) is recruiting to fill the exempt position of Assistant Counsel, NS. Under the general direction of the Deputy Counsel for Finance, the Assistant Counsel will be assigned to the Bureau of Finance within the Office of Counsel. The Bureau of Finance provides support and legal advice to OMH staff on issues related to health care finance, the mental hygiene law, and other general matters. Specific duties to be performed include, but are not limited to, the following:

Provide legal advice in defending the agency in the defense of Federal audit disallowances.

Provide legal advice in the development of financing strategies for mental health services and propose changes in Agency policy and practice that are consistent with relevant Federal and State laws.

Provide legal advice related to State and Federal financing of local mental health services and propose changes in Agency policy and practice that are consistent with relevant Federal and State laws.

Review Agency programs and consider proposals for change in Agency policy from a legal viewpoint and work collaboratively with senior leadership to develop Agency policy in conformance with the requirements of the law.

Provide legal advice to the OMH Medicaid Compliance Officer related to fraud in the Medicaid program.

Provide advice and guidance on confidentiality and care and treatment issues governed by the Mental Hygiene Law and federal and state regulations.

Draft, review, and/or provide feedback regarding Agency provider, participation or other agreements for various purposes and interagency agreements for the administration of State programs.

Collaborate with the Department of Health and other stakeholders in drafting and obtaining Federal approval of amendments to the Medicaid State Plan and in the negotiation and administration of federal waivers related to the management of mental health services.

Perform other tasks and special projects, including matters assigned by the House Counsel and General Counsel.

Telecommuting availability for this position will be discussed during the interview process. Please note, employees are required to apply and obtain approval through management to telecommute according to operational needs and Agency Telecommuting Program Guidelines.

The Mission of the New York State Office of Mental Health (OMH) is to promote the mental health of all New Yorkers, with a focus on providing hope and supporting recovery for adults with serious mental illness and children with serious emotional disturbances. Applicants with lived mental health experience are encouraged to apply. OMH is deeply committed to supporting underserved individuals, organizations and communities. To this end, OMH is focused on implementing activities and initiatives to reduce disparities in access, quality, and treatment outcomes for underserved populations. A critical component of these efforts is ensuring OMH is a diverse and inclusive workplace where the unique attributes and skills of all employees are valued and utilized to support the mission of the Agency. OMH is an equal opportunity/affirmative action employer.