Attorney III, Health and Human Services, Austin, TX

This position is an attorney in the System Contracting Department. The System Contracting Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel.

Detailed Position Description:

This position is an attorney in the System Contracting Department. The System Contracting Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel. The System Contracting Department provides legal support related to HHS procurement and contract activities, including: reviewing, drafting, and negotiating solicitation documents, contracts, amendments, memoranda of understanding, and interagency agreements; interpreting state and federal laws, regulations, and rules; and rendering legal advice and counsel to HHS agency personnel on procurement and contracting issues.

Performs highly complex (senior-level) legal duties related to data governance. Duties include providing legal review, drafting, advice and opinions on contracts, grants, and procurement matters and legal counsel on the development of policies, processes and training programs related to information security, privacy and breach response to ensure agency and contractor compliance with state and federal laws and regulations.

As used in this Job Description, “agency” includes the Department of State Health Services, in addition to the Health and Human Services Commission.

Participates in assigned projects, including but not limited to the development of policies, rules, standard procedures and forms, review and implementation of legislative changes and similar projects.

Works under limited supervision, with considerable latitude for the use of initiative and independent judgment.

Essential Job Functions:

(30%) Reviews, drafts and negotiates contract terms related to data governance, privacy and security. Provides guidance to procurement staff and contract managers on contract enforcement matters.

(25%) Provides legal advice and guidance on the development of policies, procedures and training programs related to data governance, privacy and security, including the identification, implementation, and maintenance of agency confidential information, consumer information and employee information.

(15%) Reviews, drafts, and comments on legislation, statutes, rules, policies, and regulations related to agency operations and data governance issues.

(10%) Conducts legal research and prepares legal opinions interpreting court cases, statutes, regulations, and Attorney General opinions. Assists with the review of alleged policy or law violations including information security incidents and data breaches.

(10%) Provides and/or assists with training for agency staff. Participates in work groups and special projects.

(10%) Performs related legal work and prepares and/or reviews related legal documents.

Knowledge Skills Abilities:

Knowledge of fundamentals of information privacy and security laws and regulations, contract law, government procurement law, and Texas state agency contracts. Knowledge in reviewing, developing, negotiating, and management of contracts and grants. Knowledge of legal principles, practices, and proceedings. Knowledge of federal and state statutes, regulations, and policies affecting health and human services agency programs. Knowledge of Texas procurement and contracting laws and information privacy and security laws.

Skill in efficient legal research including use of Westlaw and other internet legal research. Skill in conducting research, to summarize findings, and to use legal reference materials. Skill in foreseeing legal implications of contract terms and procurement and contract actions and providing legal advice accordingly.

Exceptionally skilled in oral and written communication to a wide range of audiences. Skill in identifying relevant legal issues. Skill in organizing and expressing complex legal problems clearly and concisely both orally and in writing. Skill in preparing opinions, contracts, rules, and policies and procedures. Skill in preparing high-quality, complex procurement and contractual documents. Skill in identifying problems, evaluating alternatives, and implementing solutions. Skill in demonstrating sound judgment and reasonable tolerance of ambiguity in the performance of job duties.

Skill in working collaboratively and cooperatively with clients, other government officers and employees, and stakeholder groups. Skill in operating a personal computer and other basic office equipment. Skill in articulating legal concepts to management and other stakeholders. Skill in providing legal representation in administrative or contested case hearings.

Ability to organize and manage multiple priorities. Ability to utilize legal experience and training to assist in developing policies and training to safeguard funds flowing to the agency, minimize liability and avoid risk to clients. Ability to analyze moderately complex to advanced factual and legal issues related to a wide variety of federal and state laws. Ability to make efficient use of time and resources. Ability to think creatively and apply clear, logical problem-solving techniques. Ability to maintain professional and collegial relations with all levels of management and staff at the agency, as well as with other agencies’ management and staff and the public.

Registration or Licensure Requirements:

Licensed to practice law in the State of Texas. Member in good standing with the State Bar of Texas.

Initial Selection Criteria:

Graduation from an accredited four-year college or university. Must hold a Juris Doctor degree from an accredited law school. Experience with information privacy and security laws and regulations compliance, contract drafting, review and negotiation required. Admission to the State Bar of Texas and three years’ experience in the practice of law required. Experience with IT contracting, government procurement, insurance and risk management, or federally funded contracts preferred.

Additional Information:

Requisition # 508837

Application Submission Information:

Attorney III