| Advisory opinion request regarding Mario Johnson, husband of Lavon Johnson, General Counsel l, for the Department of Health and Hospitals may enter into a contract with a company that has a contract with the Department of Health and Hospitals. |
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Lavon Johnson states that her husband, Mario Johnson is a mental health professional (MHP). This profession has its own licensing requirements and is not currently licensed or regulated by the Department of Health and Hospitals (DHH) Health Standards Section or Louisiana Medicaid. Mr. Johnson wishes to open and operate a Mental Health Rehabilitation Clinic (a Limited Liability Company) and provide behavioral health services to both Medicaid and private pay patients. This type of provider of behavioral health services is not currently licensed or regulated by DHH Health Standards Section or Louisiana Medicaid. In order to provide services to Medicaid patients, Mr. Johnson's clinic/organization would contract with Magellan Health Services of Louisiana ("Magellan"). Magellan has contracted with DHH's Office of Behavioral Health (OBH) to act as the Statewide Management Organization for behavioral health services within the State. The Louisiana Behavioral Health Partnership managed by OBH oversees the Behavioral Health Statewide Management Organization (SMO), Magellan Health Services of Louisiana. Magellan manages behavioral health services for Medicaid eligible populations served by the Office of Behavioral Health (OBH), Department of Children and Family Services (DCFS), the Department of Education (DOE) and Office of Juvenile Justice (OJJ) and funded through state general funds and block grants, including services for individuals with co-occurring mental health and addictive conditions.
Ms. Johnson is currently detailed to the position of Deputy General Counsel 2 within DHH's Bureau of Legal Services (BLS), which is within the Office of the Secretary of DHH. Her permanent position within BLS is Deputy General Counsel 1. In her permanent position, she oversees legal matters involving the Office of Aging and Adult Services (OAAS), Office of Citizens with Developmental Disabilities (OCDD) and portions of the department that deal with programmatic issues. In her detail Deputy General Counsel 2 position, she provides legal advice and legal guidance to the above referenced Program Offices within DHH and also to the Health Standards Section. The Bureau of Health Services Financing ("Medicaid") which handles Medicaid payment and Medicaid billing is a separate and distinct section/agency within DHH. Any legal matters related to this section are under the purview of a separate section of the Bureau of Legal Services and are overseen and reviewed by a separate Deputy General Counsel.
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Section 1111C(2)(d) of the Code prohibits a public servant from being paid for services by a person with a business, financial, or contractual relationship with his agency.
Section 1113 of the Code prohibits the immediate family or a legal entity in which they have a controlling interest from entering into transactions that are under the supervision of the agency of the public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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