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Advisory opinion regarding whether Dr. James Hussey may accept employment with CenseoHealth, Inc. and the United States Social Security Administration while he is employed as the Medicaid Behavioral Health Medical Director for the Department of Health and Hospitals. |
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Dr. James Hussey is a licensed physician employed as the Medicaid Behavioral Health Medical Director for the Department of Health and Hospitals. Dr. Hussey is an unclassified employee who reports directly to the Medicaid Director. Dr. Hussey provides direction, advice, and guidance regarding Medicaid policy with regards to behavioral health.
Dr. Hussey would like to contract with CenseoHealth, Inc. to do in-home patient evaluations for the Medicare Advantage Health Plans. Dr. Hussey would only perform evaluations, he would not treat any of the patients. The evaluations are obtained on a contract basis for insurers that provide coverage under the Medicare Advantage programs. The program is not affiliated with Medicaid and does not do any type of Medicaid patients' evaluations. CenseoHealth, Inc. is not licensed nor regulated by Louisiana Medicaid. It does not contract with Louisiana Medicaid nor contract or do business with DHH's Behavioral Health Partnership.
Dr. Hussey would also like to contract with the United States Social Security Administration to perform disability determination medical evaluations. Dr. Hussey would not treat any of the persons he would contract to evaluate for Social Security disability purposes.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
La. R.S. 42:1115B(2) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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