| Advisory opinion request regarding whether Christina Mehal can enter into a professional services contract with the Imperial Calcasieu Human Services Authority. |
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Historically, substance abuse treatment services have been provided in Jefferson Davis Parish pursuant to contracts with the Department of Health and Hospitals' Office of Behavioral Health and subsequently the Imperial Calcasieu Human Services Authority (HSA). The HSA also provides medication management services to its severely and persistently mentally ill clients by way of outreach services in the Jennings area. The HSA's previous contract with Pathways Community Health ended on June 30, 2015, and it has been unable to find a partner in the area to provide these services. If the HSA is unable to secure a partner in Jefferson Davis Parish, then over 150 residents who are afflicted with severe mental illness and substance abuse disorders will be forced to travel to Lake Charles for services. Since many of these residents do not have reliable transportation, they will go unserved.
Ms. Mehal serves on the Board of Directors of the HSA, which was created pursuant to La. R.S. 28:912, as a representative from Jefferson Davis Parish. She provides private counseling services as a Licensed Professional Counselor in the City of Jennings. If permitted, Ms. Mehal would provide counseling services to the HSA's mental health and addictive disordered clients, as well as space for the HSA to provide medical prescribing services and group therapy. The HSA's clients would be referred to her by the judicial system, the Department of Children and Family Services, family or self-referrals, through Medicaid managed care plans, other providers, hospitals, etc. To be compensated for services rendered to the non-paying population and for the use of space, Ms. Mehal would enter into a professional services contract with the HSA. However, she would bill a third party for services rendered to everyone else. If Ms. Mehal is prohibited from entering into a professional services contract with the HSA based upon her service on the HSA's Board, then she would be willing to resign.
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La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of her immediate family, or legal entity in which she has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of her agency.
La. R.S. 42:1121A(2) prohibits a former member of a board or commission, for a period of two years following the termination of her public service on such board or commission, from contracting with, being employed in any capacity by, or being appointed to any position by that board or commission.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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