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Advisory opinion regarding whether Mr. Joel Davidson would be in violation of the post employment restrictions if he were to resign as an employee with the Department of Health and Hospitals (DHH), and begin employment with a private company. |
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Mr. Davidson is currently employed by the Louisiana Department of Health and Hospitals (DHH) as a Medicaid Manager 4, supervising the section that develops policy for nursing homes, intermediate care facilities, and the Medicaid transportation program.
Mr. Davidson supervises two persons within his office (the Medicaid Manager 2 and Administrative Assistant 5), and indirectly supervises seven staff who report to the Medicaid Manager 2. As Section Chief, he does have input into the hirings/firings, merit increase, promotions, and other disciplinary matters; however, his supervisors have the final say on any of those matters. There are other persons in his office who have supervisory authority over him and the persons he supervises, and he does not have appointing authority.
At the direction of the DHH Undersecretary, Mr. Davidson's responsibilities include assisting in the management of the state plan amendment and associated policy for a supplemental payment program for physicians associated with non-state owned hospitals. Mr. Davidson also participated on the team that developed other revenue maximization initiatives for the Medicaid program. These initiatives are designed to enhance statewide health care provider participation in the Medicaid program and increase access to the Medicaid eligible population. Essentially, the initiative he has been working on has been to identify more local dollars to bring in more federal dollars. The program does not focus on any one provider or provider type.
There are two private companies with which Mr. Davidson is considering employment - Sellers Dorsey out of Philadelphia, PA and Sisung Group out of New Orleans. Neither company has any contracts with DHH nor receives any money from DHH, but they do provide consulting services to health care providers (such as doctors and hospitals) and local governmental entities who participate in the Louisiana Medicaid Program. As a result, the health care providers may benefit (i.e. will be getting increased payments) from some of the initiatives he has been working on with DHH. The consulting companies assist providers in maneuvering through the necessary procedures to participate in these programs as well as provide other consulting services, some not even related to Medicaid.
Since Mr. Davidson has not spoken to either company regarding a specific position, he states that he cannot comment with details as to what exactly his job duties would entail with either of these private companies. However, he is requesting this opinion to gain an understanding of what would be allowed prior to any employment search. For instance, he would like to know whether he can consult with these health care providers on how to participate in these initiatives or whether he would be able to represent them on issues with the DHH or other state entities.
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Section 1102(3) defines agency head as the chief executive or administrative officer of an agency or any member of a board or commission.
Section 1121A(1) states that no former agency head, for a period of two years following the termination of his public employment may assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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