Patient Compensation Fund Attorney (OSI #10118445)

Posting Details

The Office of Superintendent of Insurance (OSI) enforces New Mexico law on insurance matters, including consumer protections, review of insurance forms and rates for accuracy and fairness, and helps New Mexicans address insurance concerns. OSI oversees and regulates most kinds of insurance in New Mexico and OSI licenses the individuals and agencies that sell insurance in the state. Additionally, the Superintendent of Insurance is statutorily designated as the custodian of the Patient Compensation Fund (PCF), a compensation fund created by the Medical Malpractice Act.

The Office of General Counsel (OGC) provides in-house legal services for the numerous divisions of the OSI and beginning in mid-2025 began providing legal services required by the Patient Compensation Fund.

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?

A 2021 statutory amendment to the Medical Malpractice Act required the OSI to contract with a third-party administrator no later than January 1, 2022. Administration of the PCF was previously done internally using OSI employees. The OSI was able to comply with the statutory mandate by contracting with a third-party administrator within the required time frame. OSI entered into a four-year contract with the third-party administrator. That contract expires at the end of the current calendar year (December 31, 2025). Legal services were included in the services being performed by the TPA. The TPA elected not to submit a proposal in response to the required request for proposals. Upon notifying its employees of its decision, the attorney pursued other employment opportunities at which time the OGC assumed that responsibility. The position has been created to perform those services on a full-time basis.
How does it get done?

The key responsibilities of the position will consist of advising the Superintendent on PCF issues, advising the claims adjusters, reviewing proposed settlement documents, intervening in pending malpractice lawsuits to protect the interests of the PCF, and representing the PCF in proceedings before the appellate courts.
Who are the customers?

The attorney will perform the necessary legal services on behalf of the Superintendent in her capacity of custodian of the PCF.
Ideal Candidate

The attorney will perform the necessary legal services on behalf of the Superintendent in her capacity of custodian of the PCF.
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).
Working Conditions

Work is performed in an office setting with periodic attendance at mediation sessions and court appearances. 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 may be required. Incumbent will work under stress and frequent time constraints.
Supplemental Information

Benefits:
Do you know what Total Compensation is? Click here

Agency Contact Information: Stephen Thies, Stephen.thies@osi.nm.gov, 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.