| An advisory opinion request, submitted by Eliska Brooks, LCSW, regarding whether the Louisiana Code of Governmental Ethics would prohibit her from providing private provider services to private health insurance companies and Louisiana Medicaid/Medicare programs. |
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Eliska Brooks ("Ms. Brooks") currently works as a Program Monitor for the Louisiana Department of Health - Office of Behavioral Health. As a Program Monitor, Ms. Brooks assists individuals residing in nursing facilities with transitioning into the community. She is also a Licensed Clinical Social Work, who would like to register as a provider with private health insurance companies and Louisiana Medicaid/Medicare programs. As a provider, she would provide behavior health services to patients, who range from age five (5) to age twenty - one (21).
Ms. Brooks stated that she would not be required to appear before the Office of Behavioral Health in any capacity as a private provider. Additionally, she stated that she does not currently monitor any program/facility where the nursing home residents are ages five (5) to twenty - one (21). Ms. Brooks stated that there is no overlap between her Program Monitor position with the Office of Behavioral Health and her potential role as a private provider. Furthermore, the services she would provide to private health insurance companies and Louisiana Medicaid/Medicare programs are not substantially related to her Program Monitor duties.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) addresses payments from nonpublic sources as follows:
C.(2) 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:
(d) 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."
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: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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