| Reconsideration request in connection with an advisory opinion rendered regarding whether a pharmacy owned by a board member of the East Union Parish Hospital Service District can participate in the 340B Drug Discount Program. |
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The East Union Parish Hospital Service District (District) was created by the Union Parish Police Jury (Police Jury) by Ordinance No. 242, pursuant to authorization granted in La. R.S. 46:1051, on June 8, 1971. The District's board members are appointed by the Police Jury. According to the latest federal decennial census, Union Parish has a population of 22,721.
Initially, the District operated the hospital located in Farmerville (Hospital). However, since 1983, Union General Hospital (UGH), a separate non-profit corporation, has operated the Hospital pursuant to agreements with the District.
UGH intends to increase the availability of low cost prescription medications to the community by expanding the 340B Drug Discount Program (Program), a federal program created in 1992 that requires drug manufacturers to provide outpatient drugs to eligible health care organizations/covered entities at significantly reduced prices. In connection with implementing the Program, UGH will enter into acknowledgment contracts, pursuant to which participating pharmacies will be paid a "dispensing fee" by the patient and UGH will replenish the drug, with pharmacies throughout the parish. However, Bruce Matte, a board member of the District, owns the sole pharmacy in the Town of Marion.
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Bill Bourgeois has requested to withdraw his request for reconsideration of the advisory opinion previously rendered by the Board, as Bruce Matte intends to resign from the East Union Parish Hospital Service District's Board of Commissioners. With the passage of Act 450 of the 2015 Regular Legislative Session, which enacted La. R.S. 42:1121I, this matter is moot.
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La. R.S. 42:1121I provides that nothing in this Section shall prohibit a former board member of the board of commissioners of the East Union Parish Hospital Service District or a legal entity owned by such former member from entering into a contract with or under the supervision or jurisdiction of board of commissioners of the East Union Parish Hospital Service District or Union General Hospital or receiving compensation pursuant to such contract.
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Allow the withdrawal of the request.
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| Assigned Attorney: |
Haley Williams |
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