| Advisory Opinion request of Wendy Fremin, an employee of the Health Standards Section of the Department of Health and Hospitals (DHH), regarding the application of the post employment restrictions if she were to start a consulting business for health care providers. |
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Ms. Fremin has been employed by the Health Standards Section of the Louisiana Department of Health for ten years, and currently works as a medical certification specialist. She is responsible for conducting licensing and re-licensing, certification and re-certification, complaint, validation, and physical environment surveys of non-long-term care facilities, including hospitals, ambulatory surgery centers, behavioral health service providers, home health agencies, emergency transportation providers, and rural health clinics. Ms. Fremin is not a supervisor or department head.
Ms. Fremin would like to offer consulting services to local health care providers related to licensing and certification regulations, assisting in interpretation of regulations in preparation of initial licensing, and assisting in plans of correction following survey activity that has resulting in deficiencies.
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La. R.S. 42:1121 B(1) provides that no former public employee shall, for a period of two years following 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 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.
La. R.S. 42:1121C provides that no legal entity in which the former public servant is an officer, director, trustee, partner or employee shall, for period of two years following the termination of his public service, from assisting another person for compensation, in a transaction, or appearance in a connection with a transaction in which such public servant at any time participated during his public service and involving that agency by which he was formerly employed or in which he formerly held office.
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Adopt the draft advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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