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Last modified
7/12/2021 11:03:22 AM
Creation date
1/23/2017 3:06:31 PM
Metadata
2016-1201
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1201
Requesting Party
Wendy Fremin
Decision Date
1/20/2017
Caption
Advisory opinion that the post-employment provisions in the Louisiana Code of Governmental Ethics would not prohibit a former employee with the Louisiana Department of Health from offering consulting services to healthcare provides as long as she does not receive compensation for her services from providers on projects that she participated in while she was employed by the Health Standards Section of the Department of Health; however, she would prohibited from contracting directly or indirectly through another company, with the Department of Health to provide the same services she provided during her public service.
Ethics Subject Matters
Post Employment
Participation
Prohibited Transactions
Public Employee - Definition
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STATE OF LOUISIANA <br /> °5,,.uu" DEPARTMENT OF STATE CIVIL SERVICE <br /> o rs92= <br /> rxr)' LOUISIANA BOARD OF ETHICS <br /> P.O. BOX 4368 <br /> y • BATON ROUGE, LA 70821 <br /> °-'9zakso ,, (225)219-5600 <br /> •�"enc."d,, FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> January 23,2017 <br /> Ms. Wendy Fremin <br /> 725 McCulla Street <br /> Thibodaux,Louisiana 70301 <br /> Re: Louisiana Board of Ethics <br /> Docket No.2016-1201 <br /> Dear Ms. Fremin, <br /> The Louisiana Board of Ethics, at its January 20,2017,meeting, considered your request for <br /> an advisory opinion regarding the post-employment restrictions that would apply after your <br /> retirement from the Health Standards Section of the Department of Health. In particular, <br /> your ability to provide future consulting services to Department of Health service providers. <br /> You stated that you have been employed by the Health Standards Section of the Department <br /> of Health since 2006, and that you currently work as a medical certification specialist. You <br /> provided that you are responsible for conducting licensing and relicensing, certification and <br /> recertification, complaint, validation, and physical environment surveys of non-long-term <br /> care facilities, including hospitals, ambulatory surgery centers, behavioral health service pro- <br /> viders, home health agencies, emergency transportation providers, and rural health clinics. <br /> You stated that you are not a supervisor or department head. <br /> You stated that you intend to offer educational opportunities to providers related to licens- <br /> ing and certification regulations, assistance in interpretation of regulations at the time of li- <br /> censing or in preparation of initial licensing, and assistance in completing plans of correc- <br /> tion following survey activity that has resulted in deficiencies. <br /> Generally, Section 1121B of the Code of Governmental Ethics ("Code"), containing the <br /> post-employment restrictions for former public employees,provides: <br /> No former public employee shall, for a period of two years following the ter- <br /> mination of his public employment, assist another person, for compensation, <br /> in a transaction, or in an appearance in connection with a transaction in which <br /> such former public employee participated at any time during his public em- <br /> ployment and involving the governmental entity by which he was formerly <br /> employed, or for a period of two years following termination of his public <br /> employment, render, any service which such former public employee had ren- <br /> dered to the agency during the term of his public employment on a contractu- <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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