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This Senior Counsel in-house attorney will provide strategic legal counsel for Baxter International, a medical device and pharmaceutical company. The Senior Counsel’s primary area of focus will be helping the business comply with fraud and abuse laws including the federal Anti-Kickback Statute, the Stark Law, the False Claims Act and other laws for the company’s commercial and regulatory activities. The successful candidate will provide advice on how to structure contracts to help mitigate risk and will help the business understand fraud and abuse laws and develop compliance strategies. The role requires good judgment, clear and effective interaction, and the ability to navigate complex regulatory frameworks while driving practical, business focused solutions.
Job Responsibility:
Commercial & Regulatory Advice: Advise Commercial Operations and Regulatory Affairs leadership on healthcare fraud and abuse risks associated with pricing, contracting, reimbursement, promotional activities and market access strategies
Primary focus of commercial advice involves oversight of customer contracts with healthcare organizations, group purchasing organizations (GPOs), wholesalers, distributors, and healthcare professionals (HCPs)
Counsel the business on fraud and abuse laws, discount safe harbors, value-based arrangements and other commercial and regulatory areas
Must provide practical, business-focused guidance to enable compliant commercialization
Compliance & Prevention: Develop internal expertise, programs and policies to ensure compliance with fraud and abuse laws, analyze contracts for potential risks, and provide practical advice to help structure legitimate business arrangements
Ensure adherence to corporate Ethics & Compliance policies, including HCP engagements, speaker programs, advisory boards, grants and donations
Contribute to the development and updates of policies and procedures
Risk Mitigation: Identify, assess and mitigate fraud and abuse risks arising from commercial and regulatory activities
Support internal investigations and responses to government inquiries related to commercial conduct
Assist in the auditing of the business and development and execution of remediation strategies
Cross-Functional Collaboration: Serve as a legal representative on enterprise and cross-functional teams and projects
Stay Current: Monitor enforcement trends and other legal, regulatory, and governmental developments on fraud and abuse issues impacting the business
Advise leadership of emerging risks related to innovative contracting and market access models
External Counsel Management: Direct and lead outside counsel efficiently when needed
Requirements:
Juris Doctor (JD) from an accredited law school
admission to practice in relevant jurisdiction, active member in good standing
Strong academic record
Significant experience advising commercial teams in the healthcare/life sciences space on fraud and abuse laws
In-house experience supporting a pharmaceutical and/or medical device company will be highly desireable
Familiarity with regulatory frameworks governing medical devices and pharmaceuticals
Strong understanding of pharmaceutical and/or medical device commercialization
Exceptional oral written communication skills, including drafting skills and presentation capabilities
Excellent interpersonal and conflict resolution skills and ability to work in a highly collaborative, team-oriented environment
Ability to maintain an independent and objective perspective while developing and maintaining a strong partnership with the business and other functions
Self-motivating, working independently on projects, meeting aggressive deadlines, acting decisively, balancing multiple matters and a mentality of continuous improvement
Proficiencies: Practical legal judgment, collaboration skills, and the ability to work independently with minimal direction
Nice to have:
In-house experience supporting a pharmaceutical and/or medical device company
What we offer:
Medical and dental coverage that start on day one
Insurance coverage for basic life, accident, short-term and long-term disability, and business travel accident insurance
Employee Stock Purchase Plan (ESPP), with the ability to purchase company stock at a discount
401(k) Retirement Savings Plan (RSP), with options for employee contributions and company matching
Flexible Spending Accounts
Educational assistance programs
Time-off benefits such as paid holidays, paid time off ranging from 20 to 35 days based on length of service, family and medical leaves of absence, and paid parental leave