| Advisory opinion request by Linda Deville, CEO of Bunkie General Hospital, regarding whether Dr. Mohit Srivastava, physician and Chief of Staff of Hospital Service District No. 1 of the Parish of Avoyelles d/b/a Bunkie General Hospital, can contract with Beacon Behavioral Hospital (Beacon Hospital) and Bayou Vista Nursing Home (Bayou Vista) to provide Medical Directorship and also be available on-call for medical clearance for admission to the unit. |
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The Medical Director position for Beacon Hospital requires the person employed in such capacity to review, approve, and amend and/or develop policies and procedures for the patients' medical care. This position requires being continuously on-call for medical clearance for admission to the unit. If a patient is deemed medically cleared, a physician has to perform and document a History & Physical and Progress Notes. All potential patients medical condition has to be discussed and approved for admission to the unit by a medical doctor. The History & Physical and Progress Notes are billed by Bunkie General Hospital and Dr. Srivastava would receive a relative value weight for reimbursement to the services. Dr. Srivastava would also provide medical oversight for policies and procedures and day to day medical operational issues for Bayou Vista.
Bunkie General Hospital has a contract with both Beacon Behavioral Hospital and Bayou Vista Nursing Home to perform lab services on patients and also a contract for Pre-Post Employee Drug Screening. It was stated that Dr. Mohit Srivastava is the only physician employed at Bunkie General Hospital and/or in the Bunkie area that is readily available to serve the needs of the community. It was also stated that Avoyelles Parish is classified as a Health Professional Shortage Area.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be 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 R.S. 42:1115(A)(1) or (B) from receiving a gift.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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