| Advisory opinion request from Danita Muse regarding whether her business D.M. Muse, L.C., is prohibited by the Code of Governmental Ethics from receiving referrals from Magellan while she is employed as a Social Worker 4 for the Metropolitan Human Service District (MHSD). |
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MHSD is a political subdivision of the State of Louisiana created to provide mental health, addiction and developmental disability services to the residents of Orleans, Plaquemines, and St. Bernard parishes. MHSD is a provider for Magellan of Louisiana. As a Social Worker 4 for MHSD, Ms. Muse's duties include providing independent assessments for patients referred by the MHSD call center. Ms. Muse has stated that all patients assessed by MHSD are referred by the call center.
Ms. Muse provided that in her private practice she conducts independent assessments of adults and children referred to D.M. Muse L.C. from behavioral health service agencies. Further, she stated that many of the patients to referred to D.M. Muse L.C. are entitled to medicaid services provided by Magellan of Louisiana. Ms. Muse stated that her company, D.M. Muse, L.C. has never received a referral from MHSD nor have they referred any patient to MHSD.
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La. R.S. 42:1111C(2)(d) prohibits a public servant or legal entity in which the public servant exercises control or owns an interest in excess of twenty five percent, 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 La. R.S. 42:1115(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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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