| Advisory opinion request of David Peterson, with the La. Department of Health (LDH), regarding post-employment restrictions following a layoff due to budget cuts. |
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David Peterson is a Medicaid Program Manager 1B with the Louisiana Department of Health (LDH), Bureau of Health Services Financing. His duties include managing quality projects for adherence to delivers for Quality Strategy and Health Care Quality Measures (CQM), coordinating project charter and supporting documents, monitoring and analysis of quality-related projects, serving as a resource for providers and other stakeholders, working with providers to ensure corrective action plans, and providing on-going consultation and technical assistance to professional and support staff on CQM initiative. He is not a supervisor or department head.
As a result of the most recent special session, LDH has issued a Notice of Impending Layoffs due to proposed budget cuts for the Fiscal Year 2017. As a result, Mr. Peterson is considering private employment at AmeriHealth Caritas, which has a contract with LDH as a Medicaid Managed Care Organization (MCO).
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La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the 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 the 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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