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2016-595
Opinion Type
Advisory Opinion
Docket Number
2016-595
Requesting Party
SreyRam Kuy, MD, MHS
Parties Involved
Bureau of Health Services Financing
Medicaid
Louisiana Department of Health and Hospitals
Our Lady of the Lake Regional Medical Center
Decision Date
7/15/2016
Caption
Advisory opinion that the Medicaid Medical Director/Chief Medical Officer of the Bureau of Health Services Financing ‎(BHSF)‎ within the Louisiana Department of Health and Hospitals would be prohibited by Louisiana Code of Governmental Ethics from being employed as a surgeon for Our Lady of the Lake Regional Medical Center, other Louisiana licensed hospitals and other healthcare providers that accept Medicaid payments for medical services while he serves as the Medicaid Medical Director/Chief Medical Officer of BHSF because the healthcare providers and licensed hospitals are prohibited sources that are regulated by his agency.
Ethics Subject Matters
Outside Employment
Prohibited Sources
Payment from Third Parties
Prohibited Transactions
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,,,,,,,,,,,, STATE OF LOUISIANA
''oF Loci' DEPARTMENT OF STATE CIVIL SERVICE
fu,' „ �- LOUISIANA BOARD OF ETHICS
t
yy���lil P.O.BOX 4368
ill1.1.1al. BATON ROUGE,LA 70821
°NR.°e+ p4 (225)219-5600
FAX (225)381-7271
1-800-842-6630
www.ethics.la.gov
July 18, 2016
SreyRam Kuy, MD, MHS
Bureau of Health Services Financing
628 North 4th Street
Baton Rouge, LA 70802
Re: Ethics Board Docket No. 2016-595
Dear Dr. Kuy:
The Louisiana Board of Ethics, at its July 15, 2016 meeting, considered your request for an advisory
opinion as to whether you may accept employment with a Louisiana licensed hospital or other
healthcare provider that accepts Medicaid payments for medical services. You stated that you are
currently employed as the Medicaid Medical Director/Chief Medical Officer of the Bureau of Health
Services Financing(BHSF)within the Louisiana Department of Health and Hospitals (DHH). You
also stated that you would like to work for Our Lady of the Lake Regional Medical Center(OLOL)
as a surgeon providing urgent surgical care in order to maintain your clinical skills. Finally, you
stated that although you will not be directly involved in the billing process or inquiring about the
insurance status of patients, OLOL accepts and treats patients that are Medicaid recipients.
Information was provided that OLOL, other Louisiana licensed hospitals and healthcare providers
that accept Medicaid payments must adhere to regulations of the DHH Secretary and BHSF.
The Board concluded, and instructed me to inform you,that the Code of Governmental Ethics
prohibits you from being employed as a surgeon for OLOL, other Louisiana licensed hospitals and
other healthcare providers that accept Medicaid payments for medical services while you serve as the
Medicaid Medical Director/Chief Medical Officer of BHSF. Section 1111 C(2)(d) of the Code
prohibits a public servant from receiving compensation for services rendered to the following
persons: (1)those who have or are seeking to obtain a business, contractual or financial relationship
with the public servant's agency, (2)those who conduct operations or activities that are regulated by
the public servant's agency, and(3)those who have a substantial economic interest that could be
affected by the performance or non-performance of the public servant's official duty. OLOL, other
Louisiana licensed hospitals and other healthcare providers that accept Medicaid payments for
medical services are regulated by your agency, BHSF. Therefore, as the Medicaid Medical
Director/Chief Medical Officer of BHSF,you are prohibited from being employed by or from
providing compensated services to these entities.
This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as
presented may result in a different application of the provisions of the Code of Ethics. The Board
issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If
you have any questions,please contact me at(800) 842-6630 or(225) 219-5600.
Sincerely,
LOUISIANA BOARD OF ETHICS
1 /.‘..a4 efo,„,
Je ifer T. L d
For the Boar
AN EQUAL OPPORTUNITY EMPLOYER