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Advisory opinion regarding whether a member of the Louisiana House of Representatives would be prohibited from serving as an attorney chairman on a Medical Review Panel. |
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R.S. 40:1299.47 establishes the procedures by which a Medical Review Panel is appointed, conducts its business, reports its findings and is compensated. The procedures state that the opposing parties jointly appoint an attorney to chair the panel. However, if the parties cannot agree, the Louisiana Supreme Court submits five names of local attorneys to the parties. The successful party is responsible for the costs. However, notification of the appointment of an attorney-chairman and the compensation for the service originates with the Patient Compensation Fund Oversight Board, which is an agency of the state of Louisiana.
R.S. 40:1299.47I(1)(b) states that the maximum compensation for an attorney-chairman shall not exceed $2,000 for all services.
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Section 1113D(1)(a)(i) and (ii)(aa) of the Code prohibits a legislator or the spouse of such person or any legal entity of a person from entering into any contract with state government.
Section 1113D(1)(a)(v) defines "state government" to mean any branch, agency, department, or institution of state government or with the Louisiana Insurance Guaranty Association, the Louisiana health Insurance Guaranty Association, or any other state quasi public entity created in law.
Section 1113D(1)(c)(ix) states any transaction valued at two thousand five hundred ($2,500) dollars or less is not considered a contract for purposes of this Section.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Alesia Ardoin |
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