| Advisory opinion request by Linda Deville, CEO of Bunkie General Hospital, regarding whether there are any conflicts of interest if Hospital Service District No. 1 of the Parish of Avoyelles d/b/a Bunkie General Hospital contracts with Beacon Behavioral Hospital (Beacon Hospital) and Bayou Vista Nursing Home (Bayou Vista) to provide a physician for Medical Director positions at both facilities. |
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Bunkie General Hospital has entered into two contracts with Beacon Hospital and Bayou Vista. Each contract provides that Bunkie General Hospital will provide a physician to the facility for a flat monthly fee that is paid directly to Bunkie General Hospital.
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 for the patient. All potential patients' medical conditions have 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, but performed by Dr. Mohit Srivastava. 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. 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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