Adjudication and Privacy Officer
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Job DutiesThe Adjudication and Privacy Officer conducts informal fact-finding conferences (IFFCs) on applications for a certificate of public need (COPN) which have been recommended for denial or challenged for good cause, and federal informal dispute resolutions/independent informal dispute resolutions (IDRs/IIDRs). Weighs the evidence in the administrative record of each case, which may include transcripts and briefings submitted by applicants’ and counsel, providers, competing applicants, opposing petitioners, as well as regional and Agency staff. Subsequently provides the State Health Commissioner with an independent, detailed, well-reasoned recommended findings of fact and case decision. Such recommended findings of fact and case decision shall be in compliance with statutory timeframes and according to the criteria of public need contained in Va. Code § 32.1-102.3, or in accordance with §488.331 of Title 42 of the Code of Federal Regulation and Public Law 111-148. This position serves as the VDH Privacy Officer, overseeing compliance with Virginia privacy law and the Health Insurance Portability and Accountability Act (HIPAA). This position also serves as the VDH Records Manager.Minimum Qualifications• Comprehensive understanding of relevant legalities, including the legal framework of public need, and experience with weighing considerations and material facts, maintaining openness to factual interpretations and conclusions, as presented by applicants’ legal counsel, an HPA and DCOPN• Understanding of Medicare and Medicaid program requirements• Knowledge of health care standards of practice, health care management, and/or life safety code knowledge and experience relevant to the disputed issues• Knowledge of the Virginia Administrative Process Act, its requirements and opportunities, and relevant provisions of Title 32.1 of the Va. Code• Ability to review considerable quantities of documents contained in administrative records and distill facts into analytically useful form• Ability to ascertain and scrutinize facts, as presented orally, in a resulting transcript, in multiple exhibits, and in the remainder of an often-lengthy, data-dense administrative record• Ability to listen to, consider, and reflect on the public need implications of approval of each project presented in a COPN application• Ability to listen to, consider, and make a recommendation on whether to uphold a deficiency as cited and an assessment of scope and severity• Ability to scrutinize varying interpretations of the facts and the law as applied to the case at issue, as presented by applicants’ and counsel, providers and counsel, competing applicants, opposing petitioners, as well as regional and Agency staff• Ability to closely consider reviews performed by an HPA and Agency staff, recognizing that DCOPN staff has a central role in review as the professional health facilities planning staff of the Commissioner and surveyors’ determination of facility compliance with Federal regulations)• Ability to analyze complex proposals, evaluate professional legal arguments and briefings, and discern due application of the law and regulations to each case• Ability to maintain command and decorum among disagreeing counsel, hospital administrators, provider representatives, sworn witnesses, review agencies and staff, and others at IFFCs, IDRs, IIDRs, or other public forums, or government events• Strong interpersonal and communication skills; ability to work effectively with a wide range of constituencies in a diverse communityPreferred Qualifications:• Degree in Law strongly preferred; degree in Health Care Administration, Public Administration, Health Planning, Business Administration or a related field also preferrable• Experience in senior-level, sensitive, confidential, and executive scenarios where discretion and propriety are paramount, and criticism from the public, legislators, media, and health care industry is often encountered• Experience conducting public hearings, IFFCs, IDRs, IIDRs, other administrative hearings, or conflict resolutions, including experience with proper procedure, and avoidance of ex parte communications and appearances of impropriety, and other procedural and substantive requirements of administrative due process• Tolerance of and comfort with contentiousness and disagreement at IFFCs, IDRs, IIDRs and ability to referee over issues of procedure and substance among counsel, as needed• Experience with presenting complex recommendations to an appointed state officialSpecial Instructions: You will be provided a confirmation of receipt when your application and/or résumé is submitted successfully. Please refer to “Your Application” in your account to check the status of your application for this position.VDH accepts only on-line applications. Faxed, mailed, or e-mailed applications will not be considered. Applications are accepted until 11:55 p.m. on the job closing date. Applications and/or resumes should include relevant work history which indicates your qualifications for this position.Employment is contingent upon satisfactory results of a state and federal criminal history background check and the Department of Social Service’s Child Abuse and Neglect Central Registry check, U.S. HHSIG Exclusion List check, employment reference check and E-Verify. Other financial, credit, driving, background checks or completion of Statement of Economic Interests may be required for certain positions.It is the policy of the Commonwealth and VDH that all aspects of human resource management be conducted without regard to race (or traits historically associated with race including hair texture, hair type, and protective hairstyles such as braids, locks, and twists); sex; color; national origin; religion; sexual orientation; gender identity or expression; age; veteran status; political affiliation; disability; genetic information; and pregnancy, childbirth, or related medical conditions. VDH employees have a shared Code of Ethics, which can be found in the bottom banner of our website: www.vdh.virginia.gov.If you have been affected by DHRM Policy 1.30 layoff and possess a valid Interagency Placement Screening Form (Yellow Card) or a Preferential Hiring Form (Blue Card), you must submit the card before the closing date for this position. The Card may be submitted with the state application as an attachment.As a V3 (Virginia Values Veterans) employer VDH Welcomes Veterans to apply!Supplemental Questions: You may be required to respond to position-specific questions at the end of this application. This information will help us evaluate your credentials and qualifications for the job. Failure to respond to any questions may disqualify you from further consideration.In support of the Commonwealth’s commitment to inclusion, we are encouraging individuals with disabilities to apply through the Commonwealth Alternative Hiring Process. To be considered for this opportunity, applicants will need to provide their Certificate of Disability (COD) provided by a Vocational Rehabilitation Counselor within the Department for Aging & Rehabilitative Services (DARS), or the Department for the Blind & Vision Impaired (DBVI). Veterans are encouraged to answer Veteran status questions and submit their disability documentation, if applicable, to DARS/DBVI to get their Certificate of Disability. If you need to get a Certificate of Disability, use this link: Career Pathways for Individuals with Disabilities, or call DARS at 800-552-5019, or DBVI at 800-622-2155.