Meetings
 
Agenda Item
Docket No. 13-1522
 
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RE:
Advisory opinion regarding the application of the post employment restrictions to Angela Bihm, an employee of the Department of Health and Hospitals (DHH).
Facts:
Angela Bihm is a Registered Nurse Supervisor B in the Program Integrity Unit, within the Office of the Secretary, at DHH. Ms. Bihm's position is a technical/managerial position in the Special Investigations Unit, which oversees two registered nurses and one program monitor position. Ms. Bihm's primary duties include coordination of complaint and/or special project investigations on Louisiana Medicaid providers; provides oversight and assistance regarding Louisiana Medicaid rules/regulations, medical questions, diagnosis coding, procedures, and/or medical terminology; and performing quality control reviews on investigations performed by staff.

Ms. Bihm is considering leaving DHH and accepting a position with Quality Health Strategies with Health Integrity as an auditor. Ms. Bihm would be a Health Claims Auditor whose primary role would be reviewing claims data to identify potential billing vulnerabilities in Federal and State health programs. The position is a non-medical, non-supervisory position within the Accounting and Finance Department. Quality Health Strategies/Health Integrity does not currently have any contracts with DHH, but does have contracts with the Federal government.

Law:
La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.

La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.

Recommendations:
Adopt the proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1522 Draft Opinion
2013-1522: Advisory Opinion Request