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Mr. Joel Davidson <br /> February 23, 2012 <br /> Ethics Board Docket No. 2011-1796 <br /> Page 2 <br /> DHH nor receives any money from DHH, but they do provide consulting services to health care <br /> providers (such as doctors and hospitals) and local governmental entities who participate in the <br /> Louisiana Medicaid Program. As a result,the health care providers may benefit(i.e. will be getting <br /> increased payments) from some of the initiatives you have been working on with DHH. The <br /> consulting companies assist providers in maneuvering through the necessary procedures to <br /> participate in these programs as well as provide other consulting services, some not even related to <br /> Medicaid. <br /> Since you have not spoken to either company regarding a specific position,you state that you cannot <br /> comment with details as to what exactly your job duties would entail with either of these private <br /> companies. However, you are requesting this opinion to gain an understanding of what would be <br /> allowed prior to any employment search. For instance, you would like to know whether you can <br /> consult with these health care providers on how to participate in these initiatives or whether you <br /> would be able to represent them on issues with the DHH or other state entities. It is your opinion <br /> that you would not be participating in any transaction with either company that would be the type <br /> you currently provide for the DHH. For the DHH,you implement policies at the direction of DHH <br /> management's pleasure. While you provide information to providers as requested, you do not <br /> consult for them nor do you represent them in any transactions with the DHH. <br /> The Board concluded, and instructed me to advise you,that the Code of Governmental Ethics will <br /> prohibit your employment with the above mentioned companies in the capacity you set out in your <br /> opinion request. Section 1121 of the Code of Ethics imposes post-employment restrictions upon <br /> public servants. The restrictions vary depending upon whether the public servant was an agency <br /> head or a public employee. An"agency head"is defined by Section 1102(3)as the chief executive <br /> or administrative officer of an agency or any member of a board or commission. According to <br /> information provided and the organizational chart of the DHH,you appear to be an agency head of <br /> the Rate&Audit Division of DHH. Thus,Section 1121A is applicable in your situation(rather than <br /> 1121B). <br /> Section 1121A(1) states that no former agency head, for a period of two years following the <br /> termination of his public employment may assist another person,for compensation,in a transaction, <br />