Office of Counsel Attorney Positions
Office of Counsel to the Inspector General
The Office of Inspector General (OIG) supports the mission of the Department of Health & Human Services (HHS) in protecting the health of Americans and providing essential human services. OIG's 1,600 dedicated professionals promote the economy, efficiency, and effectiveness of HHS programs such as Medicare, Medicaid, and Head Start. The integrity of these programs is evaluated for success, and any fraud, waste or abuse is addressed by OIG.
With a staff of more than 75 professionals, the Office of Counsel to the Inspector General (OCIG) provides all legal services for OIG. The office is divided into three branches: Administrative and Civil Remedies, Advice, and Industry Guidance.
- Administrative and Civil Remedies Branch
- The Administrative and Civil Remedies Branch (ACRB) represents OIG in all administrative and civil fraud enforcement actions, monitors the compliance of providers under integrity agreements, and defends OIG in administrative appeals. ACRB attorneys initiate and litigate actions seeking civil monetary penalties and the exclusion of health care providers from participating in Federal health care programs because of fraudulent or abusive conduct. In addition, ACRB attorneys work with the Department of Justice (DOJ) to develop and pursue False Claims Act cases against healthcare providers that defraud the Government. In appropriate cases, ACRB attorneys negotiate and monitor Corporate Integrity Agreements (CIAs) that impose integrity obligations on providers alleged to have engaged in fraudulent conduct.
- Advice Branch
- The Advice Branch provides day-to-day legal counsel and representation to OIG on a broad array of issues arising in the exercise of OIG's responsibilities. Advice Branch attorneys serving in this "in-house counsel" role handle a wide range of topics, including employment issues, internal inquiries, ethics, information disclosure and privacy, contracts, constitutional tort claims, subpoenas, law enforcement questions, the scope and exercise of the Inspector General's authorities and responsibilities, budget and appropriations, and legal reviews of audits, evaluations and other written products created by other OIG components.
- Industry Guidance Branch
- The Industry Guidance Branch (IGB) issues advisory opinions, special fraud alerts, special advisory bulletins, and other guidance to health care providers and others on the application of the fraud and abuse statutes to health care business arrangements; engages in outreach activities to promote industry compliance with the fraud and abuse statutes; drafts "safe harbor" and other regulations related to these statutes; provides technical assistance to government officials about the fraud and abuse statutes; and serves as an in-house resource for OIG staff, including investigators and auditors, on the anti-kickback statute, the civil monetary penalties provisions related to beneficiary inducements and gainsharing, the Physician Self-Referral (Stark) Law, and health care business practices.
Job Openings
Industry Guidance Branch
The Office of Counsel to the Inspector General seeks an experienced health care attorney to add to its expanding Industry Guidance Branch to prepare advisory opinions, regulations, and guidance documents that address the lawfulness of cutting-edge health care transactions and arrangements under OIG authorities. Potential candidates must have experience with: the anti-kickback statute and other Federal fraud and abuse laws; evolving alternative payment models; complex health care business transactions; and the Medicare and Medicaid programs. Knowledge and experience litigating criminal, civil, or administrative cases, including cases involving OIG's administrative sanction authorities, also will be considered. The position requires excellent written and oral communication skills. The attorney's duties would include:
- Reviewing and analyzing advisory opinion requests and drafting advisory opinions.
- Drafting safe harbor regulations, compliance program guidance, fraud alerts, and special advisory bulletins.
- Working in coordination with CMS to draft waivers of certain fraud and abuse laws for various alternative payment models.
- Developing and promoting OIG policies and guidance regarding the anti-kickback statute.
- Advising OIG staff and other government officials on the application of the fraud and abuse laws.
- Responding to questions and issues from industry representatives regarding compliance with the Federal fraud and abuse laws.
The attorney may also be called upon to perform other duties, including assisting with the investigation and litigation of cases involving allegations of false claims, kickbacks, and Stark law violations.
Candidates must have at least 3-5 years of health law experience, with at least 3 years of experience with the Federal anti-kickback statute. The position is at a grade GS-12/13, commensurate with experience. The position is located in Washington, DC. Relocation expenses will not be reimbursed.
Submit a (1) resume, (2) writing sample (preferably analyzing Federal health care fraud and abuse laws or addressing related compliance matters), (3) law school transcript, and (4) list of active state bar memberships by October 26, 2018 to: IGB.Resumes@oig.hhs.gov. To the extent that a writing sample does not represent solely the work product of the applicant, identify the specific contributions of others.
There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, OIG considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must indicate their preference in their cover letter or resume, and they must submit supporting documentation (e.g., DD 214, Certificate of Release or Discharge from Active Duty, and other supporting documentation) that verifies their eligibility for preference. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, https://www.opm.gov/forms/pdf_fill/sf15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s)). Applicants should note that SF 15 requires supporting documentation associated with service-connected disabilities or receipt of non-service connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
ACRB Announcement #2018-2: Affirmative Litigation Attorney
About the Office
The Office of Inspector General (OIG) supports the mission of the Department of Health & Human Services (HHS) in protecting the health of Americans and providing essential human services. OIG's 1600 dedicated professionals promote the economy, efficiency, and effectiveness of HHS programs such as Medicare and Medicaid. The integrity of these programs is evaluated for success, and any fraud, waste, or abuse is addressed by OIG.
With a staff of more than 75 professionals, the Office of Counsel to the Inspector General (OCIG) provides all legal services for OIG. The office is divided into three branches: Administrative and Civil Remedies (ACRB), Advice, and Industry Guidance. This announcement is for a vacancy in ACRB. ACRB investigates and litigates administrative matters seeking civil monetary penalties and the exclusion of health care providers from participating in Federal health care programs because of fraudulent or abusive conduct, represents OIG in civil fraud enforcement actions, monitors the compliance of providers under integrity agreements, defends OIG in administrative appeals, and resolves self-disclosures made through the OIG Self-Disclosure Protocol.
Job Description
ACRB seeks a litigator to represent OIG in the investigation and litigation of administrative matters involving OIG's administrative remedies (i.e., civil monetary penalties and exclusions) for false claims, kickbacks, sub-standard quality of care, grant and contract fraud, and other misconduct. In fiscal year 2017, OIG recovered more than $44 million through 111 CMP settlements. OIG is seeking an attorney to help expand its administrative litigation team. The candidate may also represent OIG in False Claims Act settlements, appeals of program exclusions, and resolutions of self-disclosed misconduct. Occasional travel to OIG regional and field offices and to represent OIG in litigation-related matters, training, etc. will be required.
Please see OIG's web site for more information: https://oig.hhs.gov/about-oig/careers/index.asp
Qualifications
All candidates should have between three and six years of experience related to litigating, investigating, and negotiating administrative, civil, or criminal cases. Experience in health care fraud and abuse law is helpful but not necessary. In addition, candidates should possess strong writing, advocacy, and negotiation skills.
Applicants must be graduates of a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. Applicants must also be U.S. citizens.
Salary and Location
This position is at the GS 12/13 level (salary ranges from $79,720 to $94,796), commensurate with experience. This position is located in Washington, DC. Relocation expenses will not be paid.
Application Process
Interested candidates should send a resume, writing sample, transcript, and proof of good standing of the bar to Acrb.Resumes@oig.hhs.gov by 11:59 pm on October 5, 2018. Please reference the announcement number, ACRB Announcement 2018-2, in your email.
OIG Employment Policies
For male applicants born after December 31, 1959, the applicant must have registered with Selective Service.
The applicant must submit to and pass a background investigation.
OIG is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination based on color, race, religion, national origin, politics, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, genetic information, status as a parent, membership or non-membership in an employee organization, on the basis of personal favoritism, or any non-merit factor. OIG welcomes and encourages applications from persons with disabilities. OIG is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit. This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, OIG considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must indicate their preference in their cover letter or resume and they must submit supporting documentation (e.g., DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) which verifies their eligibility for preference. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, http://www.opm.gov/forms/pdf_fill/sf15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s)). Applicants should note that SF 15 requires supporting documentation associated with service-connected disabilities or receipt of non-service-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
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