Clarification from the agency

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

This position is located in the U.S. Department of Health and Human Services (DHHS or the Department) Office of the General Counsel CMS Division - Program Review Group.

Provides and oversees provision of complex and highly significant legal counsel to the Centers for Medicare & Medicaid Services (CMS) This includes overseeing the legal review of significant regulatory and guidance documents and proposed legislation for Medicare, Medicaid, Children's Health Insurance Program (CHIP), Clinical Laboratory Improvement Amendments (CLIA), private insurance market reforms, Health Benefit Exchanges, consumer surprise billing protections, drug price negotiation and rebate programs, implementation of the One Big Beautiful Bill Act, and CMS Innovation Center Models among others.

With the assistance of supervisory attorneys, supervises the day-to-day activities and work performed to Program Review attorneys. This includes providing guidance and direction to the attorneys, as well as exercising personnel functions, including PMAP reviews and recruitment of new attorneys for the Group. Also supervises and directs support staff. Determines which matters have broad policy implications or are sensitive and therefore warrant elevation to the Associate General Counsel or the Immediate Office of the General Counsel. Works to ensure consistent legal interpretations throughout the Division and with other OGC offices and maintains and effectuates administrative procedures of the CMS Division, the Office of the General Counsel, and HHS for the Program Review Group.

Responsibilities of the position include exercising considerable independence, assigning work to Program Review attorneys, coordinating closely with the Associate General Counsel of the Division on Program Review matters, and may deal directly Deputy General Counsels, the General Counsel, and leadership in CMS and HHS. Resolves complex and difficult matters of interpretation of the applicable statutes and regulations, provides strategic legal counsel on the applicability of existing laws and regulations to specific and often unique and complex situations relating to assigned program areas. Recommends the staff and other resources necessary to provide legal advisory and program review services to clients. Regulatory meets with client components to discuss priorities and planning. Manages program review support of CMSD litigation activities. Participates with the Associate General Counsel and other Division Deputy Associate General Counsels in the overall planning, reporting, budgeting of the work of the Division. Plans and administers the use of human resources, fiscal, and material resources necessary to support program and policy implementation and the agency's mission and goals.

Conditions of employment

• Must be a U.S. Citizen or National.
• Subject to a 1-year supervisory probationary period (unless already completed).
• Complete a Declaration for Federal Employment to determine your suitability for Federal employment, at the time requested by the agency.
• If you are a male applicant born after December 31, 1959, certify that you have registered with the Selective Service System or are exempt from having to do so.
• May be subject to pre-employment and random drug tests.
• File a Confidential Financial Disclosure Report OGE-278e within 30 days of appointment and annually from then on.
• You may be required to obtain and maintain an interim and/or final security clearance prior to entrance on duty. Failure to obtain and maintain the required level of clearance may result in the withdrawal of a job offer or removal.
• 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

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution. Candidates will not be hired based on their race, sex, color, religion, or national origin.

To meet the minimum qualification requirements for this position, you must show that you possess the Executive Core Qualifications (ECQ) and Technical Qualifications (TQ) related to this position within your resume - NOT TO EXCEED 2 PAGES. Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified. Your resume should include examples of experience, education, and accomplishments applicable to the qualification(s). If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.


There is NO requirement to prepare a narrative statement specifically addressing the Executive Core Qualifications (ECQs) or the Technical Qualifications (TQs).

TECHNICAL QUALIFICATIONS (TQs): Your resume should demonstrate accomplishments that would satisfy the technical qualifications.

TQ 1: Demonstrated leadership experience overseeing complex litigation involving challenges to significant and novel programs, including Medicare, Medicaid, CHIP, private insurance market reforms (including Health Benefit Exchanges and consumer surprise billing), 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.

TQ 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.


EXECUTIVE CORE QUALIFICATIONS (ECQs): In addition to the Technical Qualification Requirements listed above, all new entrants into the Senior Executive Service (SES) under a career appointment will be assessed for executive competency against the following five mandatory ECQs. If your 2-page resume does not reflect demonstrated evidence of the ECQs and TQs, you may not receive further consideration for the position.

There are five ECQs:

• ECQ 1: Commitment to the Rule of Law and the Principles of the American Founding - This core qualification requires a demonstrated knowledge of the American system of government, commitment to uphold the Constitution and the rule of law, and commitment to serve the American people.

• ECQ 2: Driving Efficiency - This core qualification involves the demonstrated ability to strategically and efficiently manage resources, budget effectively, cut wasteful spending, and pursue efficiency through process and technological upgrades.

• ECQ 3: Merit and Competence - This core qualification involves the demonstrated knowledge, ability and technical competence to effectively and reliably produce work that is of exceptional quality.

• ECQ 4: Leading People - This core qualification involves the demonstrated ability to lead and inspire a group toward meeting the organization's vision, mission, and goals, and to drive a high-performance, high-accountability culture. This includes, when necessary, the ability to lead people through change and to hold individuals accountable.

• ECQ 5: Achieving Results - This core qualification involves the demonstrated ability to achieve both individual and organizational results, and to align results to stated goals from superiors.

Note: If you are a member of the SES or have been certified through successful participation in an OPM approved SES Candidate Development Program (SESCDP), or have SES reinstatement eligibility, you do not need to respond to the ECQs. Instead, you should attach proof (e.g., SF-50, Certification by OPM's SES Qualifications Review Board (QRB)) of your eligibility for noncompetitive appointment to the SES.

How you will be evaluated

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

You will be evaluated on the quality and extent of your total accomplishments, experience, and education (if applicable). Your application will be rated and ranked by an Executive Resources Board (ERB) Panel, comprised of at least three SES members, using only the information required within the application package. Applicants who do not demonstrate in their application sufficient possession of the ECQs and TQs will be determined ineligible for further consideration.

Once the application process is complete, a review of your resume and supporting documentation will be conducted. If you meet minimum qualifications, your Application Package will be further reviewed to determine if you possess the Executive Core Qualifications (ECQ) and Technical Qualifications (MTQ) listed above. ECQs and TQs must be thoroughly addressed within your two (2) page resume. Separate narratives will not be accepted or reviewed. Highly Qualified applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.

Upon selection, if not already a member of the SES serving under a career appointment, the individual selected must have his/her executive qualifications certified by the U.S. Office of Personnel Management's SES Qualifications Review Board (QRB) before appointment to this position. The selected individual's application will be forwarded to the OPM for review and certification by the QRB, unless the selectee provides evidence of their noncompetitive status (i.e., a current SES, OPM QRB certified SESCDP graduate, or SES reinstatement eligible). Upon QRB certification, the selected individual will be required to serve a one-year probationary period. For more information regarding the SES, go to https://www.opm.gov/policy-data-oversight/senior-executive-service/.