Title: Adjudication and Privacy Officer

State Role Title: Hearing Legal Servcs Offcr III

Hiring Range: $97,850 - $123,600

Pay Band: 6

Agency: Virginia Department of Health

Location: Perimeter Center

Agency Website: https://www.vdh.virginia.gov/

Recruitment Type: General Public - G

Job Duties

The 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 community

Additional Considerations

• Degree in Law strongly preferred; degree in Health Care Administration, Public Administration, Health Planning, Business Administration or a related field also preferrable

Special 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.

May be required to perform other duties as assigned. May be required to assist the agency or state government generally in the event of an emergency declaration by the Governor. May be required by VDH to adjust work hours, location, and job duties and participate in training to meet public health business needs, including emergencies. If this position is designated as a mobile worker, this includes both working in the field and teleworking at an alternate location when not in the field or during an emergency closing. You may be required to periodically come into your assigned office to attend meetings or training.

Contact Information

Name: Tori Altidor

Phone: N/A

Email: Tori.Altidor@vdh.virginia.gov

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 AHP Letter (formerly COD) provided by the Department for Aging & Rehabilitative Services (DARS), or the Department for the Blind & Vision Impaired (DBVI). Service-Connected Veterans are encouraged to answer Veteran status questions and submit their disability documentation, if applicable, to DARS/DBVI to get their AHP Letter. Requesting an AHP Letter can be found at AHP Letter or by calling DARS at 800-552-5019.

Note: Applicants who received a Certificate of Disability from DARS or DBVI dated between April 1, 2022- February 29, 2024, can still use that COD as applicable documentation for the Alternative Hiring Process.