Deputy Associate General Counsel for Litigation (CMSD) Job in Washington, DC

Vacancy No. HHS-OGC-ES-24-12415999 Department Office of the Secretary of Health and Human Services
Salary $147,649.00 to $221,900.00 Grade 00 to 00
Perm/Temp Permanent FT/PT Full-time
Open Date 5/17/2024 Close Date 6/17/2024
Job Link Apply Online Who may apply Public
Locations:
Washington, DC


Job Description (Please follow all instructions carefully)

Summary

The Office of the General Counsel (OGC) is the legal team for the Department of Health and Human Services (HHS), providing quality representation and legal advice on a wide range of highly visible national issues. OGC supports the development and implementation of the Department's programs by providing the highest quality legal services to the Secretary of HHS and the organization's various agencies and divisions.

This job is open to

Clarification from the agency

Open to all groups of qualified individuals from the public. Current employees within the Federal Civil Service. Current Career SES and SES reinstatement eligibles. SESCDP graduates may also apply for noncompetitive consideration.

Duties

ABOUT THE POSITION

This position is located in the Office of General Counsel CMS Division serving as the principal legal advisor and counselor on defensive litigation brought against the Centers for Medicare & Medicaid Services. Directs all aspects of CMSD litigation, including review and evaluation of cases, strategy development, briefing, oral advocacy, and settlement negotiations. Works to ensure consistent legal interpretations throughout the division and with other offices to maintain administrative procedures and policies of the division, Office of General Counsel, and Health and Human Services.

Requirements

Conditions of Employment

  • This employer participates in the E-Verify Program
  • U.S. Citizenship is required
  • Subject to satisfactory security and suitability determinations
  • New appointees must successfully complete a 1-year probationary period
  • Must pass a pre-employment drug test; random testing after appointment
  • This is a career position in the SES. Unless the selectee is already a member of the SES with career status or has successfully completed an SES Candidate Development Program certified by OPM. ECQ's will be required before appointment.
  • Executive qualifications must be approved by OPM before appointment can be effected. If you are selected, you will be responsible for working with an HHS Executive Consultant, or QRB Writer to develop an ECQ narrative for submission to OPM
  • You must meet the qualification requirements of this position no later than the closing date of the job opportunity announcement.
  • Must possess J.D. or LL.B degree
  • Active Membership or admission to the bar is required

Qualifications

Open to all groups of qualified individuals from the public. Current employees within the Federal Civil Service. Current Career SES and SES reinstatement eligibles. SESCDP graduates may also apply for noncompetitive consideration.

All candidates for SES positions with the Federal Government must demonstrate leadership experience indicative of senior executive level management capability. To meet the minimum qualification requirements for this position, you must show in your resume that you possess the Fundamental Competencies, five Executive Core Qualifications (ECQs), and the Professional Technical Qualifications (PTQ's), listed below. It is recommended that your resume emphasize levels of responsibility, scope and complexity of programs managed, and program accomplishments and results. Typically, experience of this nature will have been gained at or above the equivalent of the GS-15 grade level in the Federal service or its equivalent with state and local government, the private sector, or non-governmental organizations. Failure to meet this basic qualification requirement and all executive and technical qualification factors will automatically exclude you from further consideration.

Fundamental Competencies:

Interpersonal Skills, Oral Communication, Integrity/Honesty, Written Communication, Continual Learning, and Public Service Motivation.

Executive Core Qualifications (ECQs):

1. Leading Change: The ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.

2. Leading People: The ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.

3. Results Driven: The ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.

4. Business Acumen: The ability to manage human, financial, and information resources strategically.

5. Building Coalitions: The ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.

Professional Technical Qualifications (PTQ's):

This position also requires that you possess PTQ's that represent knowledge, skills, and abilities essential for success in this role. The following PTQ's must be evident in your resume.
  1. Demonstrated leadership experience overseeing complex litigation involving challenges to significant and novel programs, including Medicare, Medicaid, and ACA title I programs (private market reforms and health care Marketplaces), among others. Requires experience in directing all aspects of defensive litigation, including review and evaluation of cases, strategy development, briefing, oral advocacy and settlement negotiations and appeal recommendations, and working with Department of Justice, CMS, and OGC leadership. Demonstrated leadership experience overseeing litigation of Administrative Procedure Act (APA) issues.
  2. Demonstrated leadership experience directing an effective cadre of lawyers and supporting personnel, setting appropriate priorities, and ensuring that the organization meets clients' needs for a high functioning litigation group handling a large volume of extremely complex, high priority litigation.
It is STRONGLY recommended that you visit the following Office of Personnel Management (OPM) webpage for more information regarding the Fundamental Competencies and ECQs.

https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/#url=Overview

IF SELECTED, you will be required to complete an ECQ package by drafting narratives for each of the ECQs and be certified by an OPM Qualifications Review Board (QRB) in order to be placed in this position. If you are currently serving in a career SES appointment, are eligible for reinstatement into the SES, or have successfully completed an SES Candidate Development Program approved by the Office of Personnel Management (OPM), you WILL NOT need to draft the ECQs.

Education

You must have earned a professional law degree (e.g., J.D.) from a law school accredited by the American Bar Association and be an active member and be in good standing of the Bar in a State or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. You must include a copy of current/active Bar Membership under supporting documents tab "license" and transcripts.

Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov.

Additional information

HHS has a critical preparedness and response mission: HHS protects the American people from health threats, researches emerging diseases, and mobilizes public health programs with domestic and international partners. In support of this mission, HHS offers its employees the opportunity to volunteer to become Federal Civilian Detailees and contribute their unique skills through voluntary temporary assignments to humanitarian emergencies or Departmental priorities countering new and emerging health, safety, and security threats.

Salary for Senior Executive Service positions varies depending on qualifications. The annual salary range may be found at the top of this announcement. This position may be eligible for performance bonuses and performance based pay adjustments.

Probationary Period:

An individual's initial SES career appointment becomes final only after the individual successfully completes a one year probationary period.

Standards of Conduct/Financial Disclosure

HHS inspires public confidence by maintaining high ethical principles, and all Federal Government employees are subject to the conflict of interest statutes and regulations, including the Standards of Ethical Conduct, that govern activities with outside organizations and reporting financial holdings. The Ethics in Government Act, PL 95-521 also requires the applicant selected for this position to submit a Public Financial Disclosure Report, OGE-278, prior to assuming the SES position, annually, and upon termination of employment.

Security and Background Requirements

If not previously completed, a background security investigation will be required for all appointees.

Equal Opportunity Employment

Equality is held as one of the most important values at HHS. Selection for this, and any other position, will be based solely on merit. HHS does not discriminate based on race, color, religion, sex, national origin, political affiliation, marital status, sexual orientation, physical or mental disability, age or membership or non-membership in an employee organization, or any other non-merit factors.

If applying online poses a hardship to you, you may submit your application by contacting Gregory Stewart.

Reasonable Accommodation Policy Statement

Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact: . Requests for reasonable accommodation will be made on a case-by-case basis.

Veteran's Preference

Veteran's Preference does not apply to the SES.

Mobility

Individuals selected for senior executive positions may be subject to reassignment across geographical, organizational, and functional lines.

Selective Service

As a condition of employment, all male applicants born after December 31, 1959, must have registered for the selective service. If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.

Benefits

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Your resume (NOT TO EXCEED FIVE PAGES), demonstrating possession of the technical qualifications and achievement of the five executive core qualifications are the documents that will be used to determine your basic and specialized qualifications for the position. Your resume will be rated on the scope of experience listed in the qualifications section. Typically, experience of this nature will have been gained at or above the equivalent of the GS-15 or its equivalent with state and local government, the private sector, or non-governmental organizations. YOU MUST ADHERE TO THE PAGE LIMIT ABOVE OR YOU WILL NOT BE CONSIDERED.

Required Documents

All applicants are required to submit the following documents to be considered for the position:

  • Resume that contains your full name, address and phone number, and does not exceed the five (5) page limit. (ECQ and PTQ sample experience should be listed in the resume and not separately)
  • Copy of unofficial transcripts
  • Proof of active bar membership or admission to the bar is required
  • Online Assessment Questionnaire. To preview the assessment questionnaire, click here: (https://apply.usastaffing.gov/ViewQuestionnaire/12415999).
NOTE: THE USAJOBS RESUME TEMPLATE MAY RESULT IN A RESUME BEING LONGER THAN FIVE PAGES. PLEASE VERIFY PAGE LENGTH BEFORE SUBMISSION OF APPLICATION.

Applicants who are currently, or were previously, Federal employees must also submit:
  • An SF-50 showing your current or former civil service status; and
  • Proof of OPM Qualifications Review Board certification (OPM-approved SES Candidate Development Program graduates), if applicable.
NOTE: Documents submitted that are not listed in the Required Documents section of this announcement will not be considered or forwarded to the rating panel or selecting official.

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

How to Apply

You must submit the complete online application and documentation specified in the Required Documents by 11:59 PM (EST) on the CLOSING DATE of this announcement 06/17/2024 to receive consideration.

Applicants must have a USAJOBS account to apply to this position. For more information on establishing a USAJOBS account; searching for and applying to HHS jobs; or understanding the federal hiring process, contact .

Submitting Your Application

To verify your application is complete, log in to your USAJOBS account, select Application Status, and then select More Information for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.

To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.

Once the online questionnaire is received, an acknowledgement e-mail will be sent to the address on file. If you are unable to upload any of the required supporting documents, you may fax them to 1-478-757-3144. Please include a cover sheet clearly indicating the announcement for which you are applying.

Should you have any questions related to this vacancy, please contact the HR Specialist listed at the end of this vacancy announcement at least 24 hours prior to vacancy close.

Agency contact information

Gregory Stewart

Address

Office of the General Counsel
200 Independence Avenue, S.W.
Washington, DC 20201
US
Learn more about this agency

Next steps

You will receive an email informing you of the receipt of your application. Highly qualified candidates may be referred for an interview and may be required to undergo a reference check. The OPM Executive Resources Board (ERB) may review results and make recommendations on final selections to the approving authority. We expect to make a selection within 90 days of the closing date of this announcement.


Note: We cannot accept applications on behalf of Federal Agencies. Application instructions are listed within the Job Description.