| Advisory opinion request regarding post-employment restrictions that would apply to Rachel Broussard, a current employee of the Louisiana Department of Health and Hospitals (DHH) that is considering leaving DHH and accepting a position with Louisiana Healthcare Connection. |
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Rachel Broussard has been employed as a Pharmacist 4 in the Louisiana Medicaid Pharmacy Benefits Management Unit within DHH for the past 12 years. This position is an administrative/managerial position directing the Pharmacy Policy and Operation Unit which includes Medicaid pharmacy fee for service duties. Her position as a Pharmacist 4 reports to the Pharmacy Director. Ms. Broussard is interested in a position as a Pharmacy Director with Louisiana Healthcare Connection within Centene Corporation. The duties for this position include developing, directing and implementing a pharmacy benefit management program. Ms. Broussard's duties at DHH do not include any of these managed care functions. Bayou Health is a Medicaid managed care program initiated by DHH in February, 2012, and Louisiana Healthcare Connection is one of the contractors who was awarded a Bayou Health contract through the RFP process. In Ms. Broussard's position as a Pharmacist 4 with DHH, she had no involvement in the writing of the Bayou Health RFP, nor did she participate in the evaluation of the RFP or contract negotiations with contractors.
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La. R.S. 42:1121B prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
Section 1102 (16) of the Code defines person as an individual or legal entity other than a governmental entity or agency thereof.
La. R.S. 42:1121B prohibits a former public servant, for two years, from assisting another person, for compensation, in a transaction in which she participated during her public employment and which involves the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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