TEACHER RETIREMENT SYSTEM
Job Vacancy Notice - Employment Opportunity
1000 Red River Street
Austin, TX  78701
(512) 542-6490 or 1-800-223-8778, ext. 6490
TDD Numbers (512) 542-6444 or 1-800-841-4497
Internet:  www.trs.state.tx.us Select General Information, then select Employment at TRS

Agency Working Title:  Assistant General Counsel – Health Plans
Job Vacancy Number:  #08-018
State Classification/Salary Group/FLSA:  3523 – General Counsel IV / B20 / Exempt
Salary:  $6,730.58 - $10,849.75/per month, commensurate with qualifications and experience
Opening Date:  Tuesday, January 22, 2008                 
Closing Date:  Open Until Closed by Division

**Please note minimum qualifications were updated on May 6, 2008. 

Reports To:  Director of Legal Services
Coordinates With:  TRS managers and staff; TRS trustees; TRS health care consultants, TRS health benefits plan administrators and managers; the Office of the Attorney General; and outside attorneys
Supervises:  Monitors and directs work assignments of Legal Assistants, Paralegals, or Administrative Assistants assigned to assist in relevant areas

General Description:  Provides legal counsel and related services regarding highly complex state and federal insurance and health laws and regulations and other matters related to the administration of statewide health, insurance and retirement plans for Texas public school employees.  Work involves providing appropriate counsel and legal services primarily to TRS staff regarding interpretation of laws such as health laws and trust law; preparing procurement documents and contracts; coordinating with the Office of the Attorney General regarding litigation involving health law issues; participating in the rulemaking process; participating in federal and state privacy and confidentiality issues relating to health care information and records; participating on internal or external committees as assigned; advising the Board of Trustees or its committees on health law matters, as assigned; and assisting with 401(a) pension plan qualification and other tax issues arising from or relevant to health or optional coverage benefits, state open government laws including privacy and confidentiality issues relating to health care information and records, fiduciary issues, ethics issues, and other legal matters as assigned.  Works under general direction of the Director of Legal Services with considerable latitude for the use of initiative and exercises independent professional judgment in consultation with legal team members and the Director of Legal Services.

Other essential duties include, but are not limited to:

• Reviews and analyzes documents, facts, and relevant laws and rules, and provides legal services, advice, recommendations and determinations to the Director of Legal Services and TRS management and staff with respect to assigned or referred matters, including, but not limited to:
• Providing legal advice and assistance on privacy issues, including handling of and procedures for protected health information under HIPAA or state law.
• Assisting the TRS attorney assigned to handle open records requests referred to the TRS Legal Services Department relating to health care records, information, or benefits; including determining whether particular information may be public or confidential by law, meeting deadlines, briefing legal issues, and corresponding with the Attorney General’s Office and with requestors.
• Reviewing and providing advice regarding proposed state or federal legislation and regulations on insurance and health law matters.
• Drafting rules and assisting with rulemaking issues.
• Providing advice and assistance on contracting and procurement matters related to health benefits plans, including drafting procurement documents; drafting and negotiating contracts with vendors, including third party administrators, prescription benefit managers, and HMOs; and, as applicable, drafting TRS network contracts with physicians and hospitals. 
• Developing or revising procedures for the credentialing of TRS network physicians and hospitals, as applicable.
• Providing advice and assistance with other legal issues relating to health and optional benefit plans and trusts, including administration and financing of benefits, arising under state statutes, including but not limited to Texas Insurance Code, chapters 1575, 1576, and 1579, or arising under federal laws and regulations, including but not limited to HIPAA (either health care issues or administrative simplification and privacy issues), COBRA, ADA, and ADEA.
• Providing advice and assistance on tax issues related to a health benefits plan, including issues relating to FSAs, HRAs, and HSAs.
• Represents TRS in administrative hearings involving a health benefits plan or a claim for benefits, as applicable, or involving other matters, as assigned.
• Monitors, handles or advises TRS regarding disciplinary actions concerning TRS network providers, as applicable.
• Conducts or directs legal research with respect to assigned or referred matters.
• Prepares contracts, memoranda, briefs, rules and amendments to rules, resolutions, policies, guidelines, procedures, pleadings, letters, or other materials as assigned.
• Attends meetings of the Benefits and Policy Committees of the Board as directed and assists in coordinating meeting materials, drafting proposed resolutions and related materials with regard to the health benefit plans and health law issues.
• Represents TRS, as assigned, in meetings and negotiations with consultants and vendors, including third-party administrators and pharmacy benefit managers, TRS network doctors and hospitals, governmental agencies, attorneys or other representatives of any of such persons, and outside counsel representing TRS, including the Office of the Attorney General.
• Assists in selecting and monitoring of outside counsel for health and optional benefit programs and matters, as appropriate, and on other assigned matters.
• Advises TRS staff who serve on internal or external committees, such as the Interagency Council on Pharmaceuticals Bulk Purchasing.
• Serves as the Privacy Officer for TRS regarding protected health information or advises TRS staff member serving in that capacity.
• Works with the Office of the Attorney General on litigation in which TRS is represented by the Attorney General regarding health and optional benefit programs; researches and analyzes legal issues and prepares legal memoranda in aid of Attorney General representation; reviews evidence and prepares discovery responses and affidavits in support of defense or prosecution of litigation.
• Develops and maintains expertise in assigned areas of responsibility, including specific laws impacting responsibilities, ethics statutes and internal rules and policies affecting TRS as a public entity or as trustee of statutory health or optional benefit plans, and as a public pension fund.
• Supervises the related work of legal assistants, specialists, and support staff.
• Tracks deadlines and takes appropriate action on assigned matters.
• Leads or participates in special projects, as assigned.
• Performs related work as assigned.

Education and Experience:

• Juris Doctor (J.D.) degree or equivalent from an accredited law school.
• Licensed to practice law in the State of Texas; or hold a valid, active law license issued by another state and be eligible for Texas licensure under Board of Law Examiners Rule XIII: Attorneys From Other Jurisdictions [candidate must obtain Texas license within eight months of hire date].
• Seven years of full-time experience in the successful practice of law in areas relevant to responsibilities, such as administrative law (e.g., open government laws, records management laws, rulemaking), employee benefits or litigation.
• Extensive experience in health law, including interpretation and application of laws relating to health insurance, health benefits, optional benefits such as long-term care, or plan design and administration; negotiation of contracts with a pharmacy benefits manager or administrator of a health benefits plan or a network provider of healthcare services; or the representation of clients responsible for developing or administering a health or optional benefits plan or providing such benefits or related insurance.

Knowledge, Skills, and Abilities:

• Knowledge of and ability to quickly acquire and apply an understanding of a wide variety of laws and legal practice pertaining to assigned responsibilities, including state and federal laws relating to or possibly affecting the TRS healthcare program.
• Knowledge of fiduciary responsibilities and ethics issues.
• Skill in performing legal research and analysis of documents and fact situations and in rendering advice, recommendations and decisions based on sound legal judgment and appropriate attention to detail.
• Extensive skill in analyzing problems and devising effective solutions.
• Skill in task management and in planning, organizing and prioritizing work assignments to manage a high-volume workload in a fast-paced and changing environment; including skill in multi-tasking and leveraging available technology to produce a high volume of timely, accurate legal work by applicable deadlines.
• Extensive skill in effective written and verbal communications, including preparing and delivering complex legal documents, reports, and presentations.
• Skill in effectively negotiating, mediating and resolving conflicts.
• Extensive skill in using a computer with .various software (Microsoft Office, Adobe Acrobat, Westlaw, etc.) for research and for typing, editing, and preparing documents, correspondence, reports, spreadsheets, and presentations.
• Ability to establish and maintain harmonious working relationships with co-workers, other TRS staff, members and external contacts such as consultants, state government personnel, opposing counsel, and the public, and to work effectively in a professional team environment.
• Ability to occasionally work extended/irregular hours and travel as needed due to internal and external obligations.

Experience in one or more of the following areas: administrative law – open records or rulemaking or administrative appeals or records retention; litigation; fiduciary and ethics issues; and trust law.

Submit a State of Texas Application for Employment, along with a current resume, a writing sample, and a letter of interest in employment with TRS for this position by 5:00 p.m. on the closing date.  Applications will be screened for minimum qualifications. Skill demonstrations or work simulations may be part of the selection process.  Top candidates will be contacted for further consideration.  Finalists who document college/university or special coursework to meet the minimum qualifications will be required to submit copies of transcripts or diplomas.  Only internal applicants and applicants who are interviewed will receive notification of application results. 

Contact Human Resources if you require accommodation during the application process.

Please Note: 

• The application, resume, and any other accompanying documentation may be subject to disclosure by TRS upon receipt of a request under the Texas Public Information Act.
• Due to the nature of TRS business a criminal background investigation will be conducted prior to an offer of employment.  
• The State of Texas requires all male candidates ages 18 to 25 to show proof of selective service registration (or exemption) upon hire
• The U.S. Immigration Reform and Control Act of 1986 requires new employees to present proof of identity and eligibility to work in the United States.
• For detailed information about the benefits of working at TRS, view the employment section of the TRS Web Site at www.trs.state.tx.us (Select General Information, then select Employment at TRS).  Please note that most new employees are eligible for health insurance coverage on the first day of the month after their 90th day of employment.

TRS is committed to the principles of equal employment opportunity and workforce diversity.  At TRS, we believe that we can best serve our members through a diverse workforce.  Fairness and inclusiveness are the cornerstones upon which we build respect for those with whom we work and serve.