Assistant General Counsel II - Investigations

Fresenius Medical Care; Waltham (MA); Hybrid; USD 148,000 - 246,000; Full time

Benefits offered by this job

Medical, dental, and vision insurance

401(k) with company match

Paid time off

Parental leave

Performance-based bonuses

Job summary

Fresenius Medical Care in the United States seeks an Assistant General Counsel II to provide strategic legal counsel on commercial, regulatory and healthcare matters affecting our global services and products. The role partners with senior leadership to translate complex statutes into actionable business guidance and risk mitigations.

The ideal candidate has a Juris Doctorate and MA or equivalent admission, 7+ years of practice (3+ in healthcare), strong investigative and communication skills,

Qualifications

• Juris Doctorate degree from an accredited college or university.
• Admitted to practice in Massachusetts or another US state.
• 7+ years of legal experience with 3+ years in healthcare.
• In-house healthcare provider or medical product experience preferred.

Responsibilities

• Utilizes subject matter expertise in business, healthcare law and compliance to support the business and develop strategies.
• Leads and oversees legal investigations across business units, including interview planning, eDiscovery and reporting.
• Counsels leaders on application of federal/state healthcare laws and regulations including False Claims Acts, HIPAA, Stark Law, and FDA device requirements.
• Represents the company in interactions with federal and state regulatory agencies.
• Supports enterprise risk management by identifying and mitigating legal and compliance risks.
• Presents complex legal issues clearly to legal and non-legal audiences.
• Maintains knowledge of enforcement trends and regulatory developments affecting healthcare and business law.
• Fosters relationships with business unit management and staff; provides legal counsel and training.
• Develops and maintains departmental processes to improve efficiency; manages external counsel and resources.

Skills

Healthcare law

Investigations

Regulatory compliance

Legal counsel

Communication skills

In-house experience

Education

Juris Doctorate (JD)

Massachusetts bar admission or equivalent

Job description

Assistant General Counsel II

Purpose and Scope

The Assistant General Counsel II Acts as legal support for commercial, regulatory and healthcare legal matters affecting the delivery of FME's global healthcare services and products. Provide practical, business-oriented strategic advice and counsel to help the company meet its business objectives through an in-depth understanding of the laws, rules and regulations applicable to FME business, including federal and state anti-kickback statutes, anti-self-referral statutes, false claims statutes, HIPAA/HITECH, the CMP statute, the FCPA and antitrust statutes. Maintain a thorough understanding of the company's business objectives and acts as a trusted business partner for senior management and the organization.

This role partners closely with senior leadership and stakeholders throughout the organization and requires exceptional analytical, investigative, communication, and problem-solving skills. The successful candidate will possess deep expertise in healthcare fraud and abuse laws, reimbursement integrity issues, corporate compliance, and internal investigations.

Principal Duties and Responsibilities

• Utilizes subject matter expertise in the areas of business law, healthcare law and compliance to support the business. Builds coalitions and contributes to strategies based on an understanding of external and internal landscape.

• Leads, manages, and oversees legal investigations involving potential legal, regulatory, compliance, ethics, and policy violations across all business units, including developing investigation strategies, conducting witness interviews, overseeing eDiscovery, and preparing findings and recommendations.

• Counsels business leaders on the application of federal and state healthcare laws and regulations, including federal and state false claims acts, federal and state anti-kickback laws, Stark Law, Civil Monetary Penalties Law, HIPAA and healthcare privacy requirements, Medicare and Medicaid program requirements, FDA-regulated medical device requirements, applicable state healthcare regulations.
• Represents the company in interactions with federal and state regulatory agencies.

• Supports enterprise risk management initiatives through proactive identification and mitigation of legal and compliance risks.
• Presents complex legal issues clearly and concisely to legal and non-legal audiences.

• Maintains current knowledge and monitors enforcement trends and significant legislative and regulatory developments that may affect the company in the areas of healthcare and business law. Communicates changes in legislation and regulation to the organization as is appropriate.
• Establishes and maintains positive supportive relationships with business unit management and personnel at all levels. Provides a variety of legal counsel and support to functional and/or operational groups within the company.
• Provides day to day guidance, support, training and assistance to staff in the legal department, providing oversight support, mentoring assigned staff, and collaborating with them to develop objectives and goals for the department.
• Develops, implements and maintains departmental processes and procedures to enhance the overall efficiency of the department.
• Manages external legal counsel and other outsourced resources involved in key company projects to optimize project outcomes.
• Assist with various projects as assigned.
• Other duties as assigned.

Physical Demands and Working Conditions

The physical demands and work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Supervision

May be responsible for the direct supervision of various levels of legal staff.

Education

• Juris Doctorate degree from an accredited college or university required.
• Admitted to practice in the Commonwealth of Massachusetts or another US state.

Experience and Required Skills

• 7+ years of experience practicing law, either at a law firm, in house or a combination thereof.
• 3+ years (of the 7+ years) of experience practicing law in the healthcare industry, either at a law firm, in house, or a combination thereof, conducting internal investigations and advising on healthcare fraud and abuse laws and/or other laws related to the delivery of healthcare services and products.
• Detail-oriented with very strong oral and writing skills.
• In-house experience with a healthcare provider or medical product manufacturer preferred.

• Exceptional critical thinking and analytical abilities.
• Ability to assess complex factual scenarios and identify legal, regulatory, operational, and reputational risks.
• Strong investigative judgment and attention to detail.
• Ability to synthesize large amounts of information and deliver clear, actionable recommendations.

• A strong intellect and solid business acumen, coupled with the skills of a pragmatic business leader preferred.
• Ability to work in a fast-changing, intense working environment.
• Makes decisions with a sense of urgency, prioritizing possibilities and opportunities, and balancing information seeking with acting quickly.

The rate of pay for this position will depend on the successful candidate’s work location and qualifications, including relevant education, work experience, skills, and competencies.

Annual Rate: $148,000.00 - $246,000.00

Benefit Overview: This position offers a comprehensive benefits package including medical, dental, and vision insurance, a 401(k) with company match, paid time off, parental leave and potential for performance-based bonuses depending on company and individual performance.

Hybrid position located in Waltham, MA: Upon agreement between you and your supervisor, you are entitled to a flexible arrangement where you will be able to split your time between working from the office and working remotely.