| Advisory Opinion request from Dara Horcasitas, a former employee of the La. Dept. of Health, Bureau of Health Services Financing ("Medicaid"), Pharmacy Section, regarding post-employment restrictions upon her employment with Magellan Rx Management. |
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Dara Horcasitas was employed by the Louisiana Department of Health ("LDH") in the Bureau of Health Services Financing ("Medicaid") Pharmacy Section as a Medicaid Drug Rebate Manager. Her last date of employment with LDH was March 8, 2024.
LDH contracts with Magellan Rx Management ("Magellan") to provide a wide range of services related to the Medicaid Drug Rebate Program. In her role with LDH, Ms. Horcasitas provided oversight of Magellan's contract with LDH, including reviewing and approving financial forecasts submitted by Magellan to LDH.
On March 11, 2024, Ms. Horcasitas began employment with Magellan as Director of Pharmacy Rebate Management - Government. In this new role, she serves as an account manager for another state and provides expertise to others on fiscal-related matters and federal reporting. Magellan would like her to develop the financial forecasts for Louisiana's rebate program, which would require her to perform quarterly and annual budget forecasts which would be submitted for approval to the Medicaid Pharmacy Section.
Ms. Horcasitas asks whether the Code's post-employment restrictions will prohibit her from providing such services to Magellan in connection with its contract with LDH.
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La. R.S. 42:1121B: No former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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