The Center for Medicare Advocacy (CMA) is looking for an experienced civil litigator, who shares CMA's commitment to comprehensive Medicare, quality health care, and health justice for all, to serve as its Litigation Director.
Founded in 1986, CMA is a national, non-profit law organization that works to advance access to comprehensive Medicare coverage, health equity, and quality health care for older adults and people with disabilities. Our work includes legal assistance, advocacy, education, analysis, policy initiatives, and litigation of importance to Medicare beneficiaries nationwide, with an emphasis on the needs of people with longer-term and chronic conditions. Our systemic advocacy is based on the experiences of the real people who contact CMA every day.
Medicare is the federal health care program for adults age 65 and over, and people under 65 with significant disabilities. The Litigation Director works to advance beneficiary rights through federal class action and individual litigation, other forms of advocacy, and leads an effective litigation team. The Litigation Director works under CMAs Co-Director for Law and Policy.
The position requires a self-directed professional who can work independently in a lean organizational environment with minimal supervision. While the position includes leading CMAs litigation strategy and substantive litigation responsibilities, a significant portion of the Litigation Directors time is dedicated to collaborating with and providing expertise to colleagues in their advocacy work, as well as regularly writing and presenting on Medicare topics. The Litigation Director should be comfortable serving both as a litigation leader and as a collaborative partner for colleagues throughout CMA and with external organizations.
Essential Functions
- Lead, oversee, and develop CMA's affirmative, federal litigation and litigation strategy;take full responsibility for all phases of litigation from investigation through final resolution.
- - Work with CMA colleagues to identify the need for litigationon behalf of classes or individual clients, independently or through collaboration with other organizations and law firms.
- Manage complete litigation lifecycle, independently or in coordination with co-counsel. Representative duties include conducting pre-litigation investigation and fact development; drafting and filing complaints; preparing and arguing motions, including class certification and summary judgment; managing discovery as applicable; conducting settlement negotiations; briefing and arguing appeals as needed; implementing and conducting monitoring when required.
- Assess resource requirements for each phase of litigation, making strategic decisions about what CMA can handle internally and when to engage co-counsel or *pro bono* partners to ensure effective case management and optimal outcomes.
- Draft amicus briefs as needed, independently or in partnership with other advocacy organizations; review requests to join amicus briefs in cases that may have a significant impact on the health care of older adults and people with disabilities.
- Develop deep expertise regarding the legal rights of Medicare beneficiaries, including eligibility for benefits, coverage issues, due process rights, federal court jurisdiction, and remedy issues.
- Work closely with colleagues on CMA priorities. In general, the Litigation Director talks through complex legal issues, explores different approaches, and works collaboratively with colleagues to develop the strongest arguments and strategies for the relevant problem, situation, or issue.
- - Work with the policy team to ensure policy and litigation strategies and goals are well coordinated. Provide legal expertise and support to CMAs policy team, with research, policy analysis, and assistance with commenting on agency rules.
- Provide legal expertise and support to CMA staff in their advoca y roles. CMA advocates provide direct assistance to beneficiaries who have been denied Medicare coverage or are facing other obstacles to receiving necessary care in the setting they choose. CMA also partners with the Connecticut Department of Social Services to appeal Medicare denials for care provided to dually eligible beneficiaries that was paid for by Medicaid. The Litigation Director provides support and mentoring to advocates working on these projects, and other matters, and collaborates with them to identify issues or problems that could be addressed through systemic advocacy and litigation.
- Regularly write and present on Medicare and federal court topics. Draft alerts on timely topics for CMAs weekly email newsletter, particularly on CMAs litigation and other court-related or legal developments related to Medicare, other health care issues, and related topics; present litigation updates on CMAs quarterly *National Medicare Advocates Alliance* call; draft Issue Briefs; participate in CMAs annual *National Voices of Medicare Summit* held in Washington, D.C. Assist with editing CMAs *Medicare Handbook*, a comprehensive resource for attorneys, advocates, policy experts, and health providers. Attend and present at external conferences and speak to media as needed.
- Collaborate and coordinate with other legal advocacy organizations to inform CMA's advocacy. Attend coalition meetings, conferences, and webinars on topics that intersect with CMAs mission, litigation, and advocacy strategies. Maintain and develop strong and collaborative partnerships with co-counsel organizations, including other non-profit advocacy organizations and private *pro bono* law firms. Seek opportunities for grants and apply where appropriate.
- Stay abreast of nationwide legal trends and think strategically about how CMA uses litigation, policy, and advocacy tools.
- Contribute to strategic discussions and priority setting within the organization.
