Associate General Counsel

ASSOCIATE GENERAL COUNSEL | REMOTE

Provides legal services for the benefit of Bon Secours Mercy Health (BSMH) and its affiliated entities located in the United States and abroad, with a specialized focus on employee benefits, executive benefits, executive compensation and related regulatory, transactional, governance and litigation matters. The Associate General Counsel Serves as the principal legal advisor and subject matter expert for employee benefits, executive compensation, executive benefits, and fiduciary governance matters across BSMH and advises on applicable laws, regulations and risk considerations, including ERISA, the Internal Revenue Code, Department of Labor guidance, Affordable Care Act requirements, COBRA, church plan issues and executive compensation rules. This position serves as legal counsel to Human Resources, Finance, Compliance, governance committees and other business stakeholders. Responsibility for operational administration, compliance monitoring, corrective action implementation and plan operations remains with the applicable business, Human Resources, Finance and Compliance functions.

Essential Job Functions

Benefits, Executive Benefits and Executive Compensation Counsel

• Provide legal advice regarding employee benefit plans, executive compensation arrangements, fiduciary governance, transactions, contracting, litigation and regulatory matters.
• Provide legal advice regarding the legal implications of plan design proposals, plan administration issues, compliance correction strategies, fiduciary obligations, participant communications and governance activities.
• Review and provide legal input regarding plan documents, summary plan descriptions, amendments, policies and procedures.
• Review employee communications for legal sufficiency and regulatory compliance.
• Advises on tax-exempt executive compensation, physician compensation interactions, deferred compensation arrangements and incentive compensation arrangements.

Regulatory, Compliance and Risk Management

• Stay current with legal and regulatory developments affecting employee benefits, executive compensation, Human Resources programs that impact healthcare employers.
• Identify, evaluate and advise on legal risks and external regulatory influences, including issues presented by ERISA, the Internal Revenue Code, IRS guidance, Department of Labor guidance, Affordable Care Act, COBRA, church plan rules, Internal Revenue Code section 409A and Internal Revenue Code section 4958.
• Provide legal advice regarding compliance obligations, corrective action alternatives, policy development and governance requirements.

Transactional, Contracting and M&A Support

• Review, revise, draft and negotiate contracts, agreements, letters and other documents related to benefit plans, Human Resources programs, vendors, consultants, third-party administrators, recordkeepers, insurers and other business partners.
• Support transactional attorneys with mergers, acquisitions, divestitures, joint ventures and other strategic transactions by advising on benefit plan due diligence, successor liability, recognition of service, plan integration and post-closing implementation matters.
• Assist with structuring transactions and preparing template or form documents to promote consistency, efficiency and risk mitigation.

Governance, Committees and HR Leadership Support

• Provide legal advice regarding benefit plan and executive compensation governance, including the Retirement Plan Committee, Retirement Administrative Sub-Committee, Defined Contribution Investment Committee, People and Culture Committee and other committees or leadership groups as assigned.
• Prepare or review committee materials, governance documents, resolutions, minutes, fiduciary education and recommendations for leadership decision-making.
• Participate in meetings, committees, presentations and training sessions, and provide education to leaders, teammates, professional staff and other stakeholders.

Litigation, Investigations and Outside Counsel Management

• Assist with or manage litigation, regulatory inquiries, audits and claims, and provide legal advice regarding correction programs and remediation strategies.
• Supervise and collaborate with outside counsel on legal, regulatory, litigation, transactional and compliance matters, including scope management, strategy, budgets and work product review.
• Negotiate with third parties relating to contracts, settlements, plan administration issues and other transactions.

Quality Management and Operational Support

• Support BSMH’s commitment to high reliability by working closely with leadership, Legal Network colleagues, Human Resources, Compliance, Finance, other departments, to promote ethical business practices, legal compliance and safe, reliable operations.
• Assist Legal Network with budgeting, project oversight, process improvement, documentation of policies and procedures, and implementation of Legal Network and system efficiency measures.
• Perform other job-related duties as required by the Legal Network supervisor, subject to reasonable accommodation.

This document is not an exhaustive list of all responsibilities, skills, duties, requirements, or working conditions associated with the job. Employees may be required to perform other job-related duties as required by their supervisor, subject to reasonable accommodation.

Position Requirements

• Law license in good standing and admission to practice law in at least one U.S. jurisdiction (required).
• Eligibility for registration or admission as in-house counsel in applicable jurisdiction, if required by state law or BSMH policy (required).
• Juris Doctor degree from an accredited U.S. law school (required).
• Ten (10) years of relevant legal experience (required).
• Ten (10) years of employee benefits, executive compensation, Human Resources, ERISA, tax or related regulatory experience (required).
• Experience advising complex health systems, hospitals, nonprofit organizations, church plans or large multi-entity employers on benefit plan, executive benefits, executive compensation or Human Resources matters (required).
• Experience managing outside counsel, vendors, audits, compliance corrections, litigation or significant legal projects (preferred).
• Continuing Legal Education in employee benefits, executive compensation, ERISA, tax, healthcare law, compliance or Human Resources legal issues (preferred).
• Training in fiduciary governance, benefit plan administration, compliance correction programs, contract negotiation or project management (preferred).

Salary Range: $230k - $332k

Skills

Hard/Technical/Functional Skills

• Employee benefits law, including retirement, health and welfare, executive benefits and executive compensation programs.
• ERISA, Internal Revenue Code and related IRS and Department of Labor regulations.
• Affordable Care Act, COBRA, church plan rules, Internal Revenue Code section 409A and Internal Revenue Code section 4958.
• Benefit plan document, summary plan description, amendment, policy, procedure and employee communication drafting.
• Contract drafting, review, negotiation and interpretation for benefit plan, Human Resources and vendor arrangements.
• Legal research, issue spotting, regulatory analysis and risk evaluation.
• Governance and fiduciary committee support, including preparation of materials, minutes, resolutions and recommendations.
• Litigation, claims, audit, investigation and regulatory remediation counseling.
• Mergers and acquisitions due diligence and integration analysis for benefit plans and Human Resources programs.
• Outside counsel and vendor management, including scope, budget and work product review.
• Working knowledge of Microsoft Word, Excel, PowerPoint and third-party database or matter management applications.
• Ability to produce presentation-quality reports and memoranda that accurately translate legal, operational and financial data into practical recommendations.

Soft/Interpersonal Skills

• Ability to interact effectively with physicians, executives, vice presidents, directors, board members, patients and teammates.
• Clear written and verbal communication with legal and non-legal audiences.
• Sound judgment, discretion and confidentiality in a highly trusted position.
• Strong negotiation, advocacy and facilitation skills.
• Strategic thinking and practical business-oriented problem solving.
• Ability to manage multiple concurrent projects, set priorities and meet deadlines.
• Collaboration across Legal Network, Human Resources, Finance, Compliance, Operations and external partners.
• Attention to detail and commitment to accurate, high-quality work product.
• Adaptability in a complex, multi-entity healthcare environment.
• Professional presence and ability to advise leadership on sensitive matters.

As a Mercy Health associate, you're part of a Mission that matters. We support your well-being—personally and professionally. Our benefits are built to grow with you and meet your unique needs, every step of the way.

What we offer

• Competitive pay, incentives, referral bonuses and 403(b) with employer contributions (when eligible)
• Medical, dental, vision, prescription coverage, HSA/FSA options, life insurance, mental health resources and discounts
• Paid time off, parental and FMLA leave, short- and long-term disability, backup care for children and elders
• Tuition assistance, professional development and continuing education support

Benefits may vary based on the market and employment status.

All applicants will receive consideration for employment without regard to race, color, national origin, religion, sex, sexual orientation, gender identity, age, genetic information, or protected veteran status, and will not be discriminated against on the basis of disability. If you'd like to view a copy of the affirmative action plan or policy statement for Mercy Health – Youngstown, Ohio or Bon Secours – Franklin, Virginia; Petersburg, Virginia; and Emporia, Virginia, which are Affirmative Action and Equal Opportunity Employers, please email View email address on click.appcast.io. If you are an individual with a disability and would like to request a reasonable accommodation as part of the employment selection process, please contact The Talent Acquisition Team at View email address on click.appcast.io