| Advisory opinion regarding whether a conflict exists when a member of the Imperial Calcasieu Human Services Authority, David Palay, Jr., has applied for the Developmental Disability Waiver Program. |
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David Palay is a member of the Imperial Calcasieu Human Services Authority Board (Authority Board). His son is an autistic child. He has applied for his son to be placed on the waiting list for the Developmental Disability Waiver Program. Mr. Palay's son was denied entrance into the Waiver Program and Mr. Palay is appealing the decision. The Developmental Disability Waiver Program is a Medicaid waiver program that is administered by the Department of Health and Hospitals through the Office for Citizens with Developmental Disabilities (OCDD). OCDD conducts an assessment of people who request services to determine the person's eligibility for system entry. Eligibility is based on the definition of developmental disability contained in Louisiana R.S. 28:451.1-455.2.
The Imperial Calcasieu Human Services Authority serves as the points of entry for individuals to receive services from both the regional offices/human services authorities/districts and the support and services centers. The waiver services are provided by contract agencies with the plans approved by the Authority.
La.R.S. 28:451.3 provides that the Authority Board serves as an advisory board to the Authority. The Authority Board approves the Budget for the Authority, informs the Authority on public needs and concerns of the community, comment on regulations proposed by the office, and develop outreach plans for dissemination of information regarding developmental disabilities. The Authority Board makes no decisions in regards to the approval of individuals for the waiver plan or services to be provided for individuals. All decisions regarding approval and implementation of plans to be provided to individuals is done by the Authority. The Administrator for the Authority serves at the will of the Authority Board.
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Section 1113 of the Code prohibits a public servant or a member of his immediate family from entering into transactions that are under the supervision of the agency of the public servant. Section 1102(23) of the Code defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant in question knows or should know: (a) is, or will be, the subject of action by the governmental entity, (b) is one to which the governmental entity is or will be a party, or (c) is one in which the governmental entity has a direct interest.
Section 1102 (12) defines governmental entity as the state or political subdivision which employs the public employee or former public employee.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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