| Advisory opinion request regarding whether the spouse of the CEO for the Madison Parish Service District Hospital, Scott Barrilleaux, may be employed as a medical coder for the hospital. |
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Pamela Breedlove, attorney for the Hospital District states that Scott Barrilleaux is the CEO for the Hospital District. His wife, Brandy Barrilleaux has applied for a position as a medical coder for the Hospital. The Hospital advertised for the position of medical coder for more than thirty days but no qualified applicant has applied other than Mrs. Barrilleaux. Ms. Barrilleaux possesses an ICD 9 certification, the newest and highest coding certification available and has extensive experience in hospital billing.
Scott Barrilleaux recused himself from review or consideration of Mrs. Barrilleaux's application and Barbara Tabor, CFO was placed in charge of considering the employment of Mrs. Barrilleaux. Madison Parish has a population of 12,093. Wikipedia along with several universities and colleges have defined a medical coder as an allied health professional position.
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Section 1119 of the Code prohibits the immediate family of an agency head from being employed within the agency of the agency head.
Section 1119B(2)(b)(i) of the Code provides an exception to Section 1119A. Specifically 1119B(2)(b)(i) provides that any hospital service district with a population of one hundred thousand persons or less as of the most recent federal decennial census or hospital public trust authority located in such a district may enter into an initial recruiting contract with or employ as a health care provider, a licensed physician, a registered nurse, or an allied health professional who is a member of the immediate family of any district board, authority, or parish governing authority member or of the chief executive of the district or authority provided that such family member is the only qualified applicant who has applied for the position after it has been advertised for at least thirty days in the official journal of the parish and in all newspapers of general circulation in the parish where the hospital is located. The chief executive and any member of a board of a hospital service district or hospital public trust authority which enters into an initial recruiting contract with or employs such physician, registered nurse, or allied health professional shall recuse himself from any decision involving the promotion, discipline, discharge, or assignment of any such employee who is a member of his immediate family.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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