Deputy General Counsel, Procurement, Contracts and Compliance

The Department of Mental Health (DMH) seeks an experienced business transactions and regulatory compliance attorney to join the DMH Office of the General Counsel as Deputy General Counsel for Procurement, Contracts and Compliance. This position advises on the agency’s procurement and contracting strategies, ensures compliance with applicable statutes and regulations, and supports implementation of best practice business processes and internal controls.

The ideal candidate for this position brings strong leadership experience in procurement, contracts, and business transaction law. The selected candidate will be expected to provide legal advice and guidance on an array of legal matters involving DMH, with a particular focus on health and human service contracts, procurements and grant agreements; draft high-quality agreements, memoranda, and other documents; negotiate disputes in the best interest of the Commonwealth; provide analysis and interpretation of applicable laws, policies, and contract provisions; participate in meetings and decision making on relevant issues and projects; and to perform such other legal services as may be needed to support the General Counsel and DMH.  

The Deputy General Counsel for Procurement, Contracts and Compliance will be expected to oversee all legal requirements for competitive procurement, purchasing, and contract management requirements for goods and services, including use of the COMMBUYS eProcurement platform to ensure an open, fair, efficient and competitive procurements and contracts.   This position collaborates closely with the department’s senior leadership team and program directors.

Duties and Responsibilities (these duties are a general summary and not all inclusive):

• Legal advice on a broad range of issues including the interpretation of state and federal statutes and regulations, risk management, and compliance.

• Serves as primary legal counsel on regulatory, contractual, and compliance issues for DMH the Office of Management & Budget and the Office of Data & Analytics.

• Provides legal guidance to DMH senior leaders involved in developing procurements and contracts, managing the procurement and award process, managing the contract development and execution process, managing the grant application and execution process, and supporting contract compliance efforts.

• Represents DMH through participation in inter-agency workgroups and coordination with the Executive Office of Health and Human Services (EOHHS), the Operational Service Division (OSD), the Office of the State Comptroller, the Supplier Diversity Office, and other state agencies regarding procurement and contracting related issues.

• Represents DMH in the negotiation, execution, implementation, and monitoring of complex procurements, contracts, grants, and inter-agency agreements and memoranda of understanding to assure compliance with applicable state and federal laws and regulations, including but not limited to state and federal privacy rules such as the HIPAA privacy and security rules as may be applicable.

• Directs, trains and advises DMH staff regarding state and federal laws and regulations applicable to DMH procurements, contracts, grants, data-disclosure agreements, business associate agreements, leases, and other business, financial and programmatic transactions.

• Provides legal guidance to senior DMH leadership regarding internal controls, risk mitigation, and best practice procedures to prevent fraud and abuse.

• Actively monitors agency risk, compliance and program integrity to identify areas for requiring corrective actions, including coordination on program integrity matters involving the EOHHS Compliance Officer and the Office of the Inspector General.

• Provides legal guidance for contractual and licensure enforcement activities, including preparation of corrective actions and cases for administrative hearings and related litigation.

• Promotes a positive work environment that encourages all staff to work collaboratively to identify and address challenges and opportunities to improve existing practices and procedures.