Closing Date: 31st July, 2024

Description:

Posting Details
The Medicaid Fraud Control Unit (MFCU) within the New Mexico Department of Justice is responsible for the investigation and litigation/prosecution of Medicaid fraud by healthcare providers. This Unit employs a multi-disciplinary team of professional disciplines to pursue civil recoveries and/or criminal prosecutions under the Medicaid Fraud Act, as well as litigates qui tam actions under the Medicaid False Claims Act and/or Fraud Against Taxpayers Act. Additionally, the MFCU investigates and prosecutes violations of the state's Resident Abuse and Neglect Act, which includes allegations of physical abuse, neglect and/or financial exploitation of our communities elderly and otherwise vulnerable populations.

This posting will be used for ongoing recruitment and may close at any time. Applicant lists may be screened more than once.

Why does the job exist?
An attorney in this Unit is involved in the litigation and/or prosecution of cases involving Medicaid fraud and/or the abuse, neglect or financial exploitation of certain vulnerable populations. This job exists to represent the State of New Mexico in seeking appropriate civil remedies and/or criminal penalties for violations of Medicaid fraud statutes, false claims act statutes, the Resident Abuse and Neglect Act and all other areas for which jurisdiction is appropriate to regulate the behavior of providers under federal regulations.

How does it get done?
An attorney in this unit carries a caseload of matters from the inception of an investigation through the settlement/judgment of a civil case or the judgment and sentence in a criminal case. The attorney will work in coordination with auditors, medical professionals, information specialists, special agents and other attorneys in order to hold wrongdoers accountable. This position requires a working knowledge of the various statutes governing fraud and abuse/neglect/exploitation of residents, frequent legal research, the drafting of substantive legal memoranda and motions, as well as effective trial advocacy. Other responsibilities for this position include working with state departments and agencies to meet federally mandated performance standards, as well as conduct outreach to various stakeholders in order to generate referrals/cases into the unit.

Who are the customers?
Successful Medicaid Fraud Control Unit (MFCU) lawsuits/prosecutions protect both the Medicaid program from waste and fraud, as well as our society's most vulnerable residents from abuse, neglect or financial exploitation. Peripheral customers include departments/agencies within State government for which this position will frequently receive referrals from and interact with, as well as other non-profit entities, private advocates and other stakeholders in these areas. Ultimately, the work in this Unit enhances the integrity of the healthcare provider pool, as well as the beneficiaries of Medicaid and residents within the State of New Mexico.

Ideal Candidate:
The skills necessary to be an effective attorney within the MFCU include:
  • Experience in criminal prosecution, preferably including areas involving financial or white-collar crimes. Civil litigation experience is also preferred. This experience entails a working knowledge of the rules of procedure, rules of evidence, etc.
  • Strong writing ability, including drafting substantive motions/responses, as well as other legal memorandum as assigned.
  • Refined legal research skills.
  • Ability to work independently while managing priorities and juggling multiple tasks/cases.
  • Motivation to thrive in a team environment, which requires close working relationships with multiple other disciplines, including law enforcement and other professional civilians.

Minimum Qualification:
Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license (Rules 15-301.1 and 15-301.2 NMRA). For more information on limited practice licenses, please visit http://nmexam.org/limited-license/

Employment Requirements:
All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).

Must possess and maintain a current Defensive Driving Course Certificate from the State of New Mexico or must pass and receive Defensive Driving Course Certification as a condition of continued employment as some statewide travel maybe required. Employment is subject to criminal background check and is conditional pending results of criminal background check. Be of good moral character and not have been convicted of a felony offense by a court of this state, any other state or the United States.

Working Conditions:
Work is performed in an office setting: late hours, weekends, on-call and callback work may be required. Will be exposed to regular periods of video display terminal and keyboard usage and stressful situations. Travel is required. Possible exposure to irate clientele. Incumbent will work under stress and frequent time constraints.

Supplemental Information:
Benefits:
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  • Agency Contact Information: Tim Maestas, (505) 895-2492 Email
  • For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

Bargaining Unit Position:
This position is not covered by a collective bargaining agreement.