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Advisory opinion regarding the applicability of post-employment restrictions to Julia Kenny, a former employee of the Department of Health and Hospitals. |
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Julia Kenny served as the Assistant Secretary for the Office of Citizens with Developmental Disabilities (OCDD) within DHH from July 1, 2010 through February 17, 2012. Pursuant to La. R.S. 36:258(D), the OCDD shall be responsible for the programs and functions of the state relating to the care, training, treatment, and education of the mentally retarded, the developmentally disabled, and the autistic. It shall administer residential and day care facilities of the state for the mentally retarded and developmentally disabled.
Bayou Health, the Medicaid managed care program initiated in February 2012 pursuant to two RFPs issued by Medicaid in 2011, excludes persons receiving services from OCDD from participation in Bayou Health. Ms Kenny had no involvement in the writing of the 2011 RFPs, nor did she participate in the evaluations or contract negotiations with the Bayou Health contractors.
Magellan Health Services, LLC is the contractor who acts as the Statewide Maintenance Organization (SMO) for the DHH Office of Behavioral Health. The SMO provides coordination of behavioral health services which does not include developmental disability services. Ms Kenny had no involvement in the writing of the 2011 RFP, nor did she participate in the evaluations or contract negotiations with the SMO.
The DHH Office for Citizens with Developmental Disabilities is a separate and distinct Office from the DHH Office of Behavioral Health and the Louisiana Medicaid Program.
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R.S. 42:1121A provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, 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: |
Deidra Godfrey |
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