| Advisory Opinion request from Rep. Dustin Miller, District 40, as to whether his company, Acadiana Practitioners LLC, can enter into a Memorandum of Understanding with the Louisiana Department of Health. |
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Dustin Miller has served as State Representative for District 40 since January 2016. His current term ends on January 10, 2028.
Rep. Miller is the owner of Acadiana Practitioners LLC, which operates three family medical clinics in St. Landry Parish. He owns more than 25% of Acadiana Practitioners LLC.
The Louisiana Department of Health - Office of Public Health ("OPH") administers a federal grant to establish an STD/HIV/Hepatitis Program to identify undiagnosed individuals living with HIV and STIs, to reduce the incidence of new HIV and STD transmissions, and to expand access to medical services for Medicaid participants and uninsured patients. To operate the program, OPH enters into a Memorandum of Understanding with local medical providers to provide free HIV and STD testing, education, tracking, and support to patients. In exchange, the local medical providers provide HIV/STD data to OPH. LDH offers this program free of charge in exchange for the data and does not compensate the medical providers for the testing services.
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La. R.S. 42:1113D states that "no person identified in Item (ii) of this Subparagraph or the spouse of such person nor any legal entity of a person shall enter into any contract with state government."
La. R.S. 42:1113D(1)(a)(ii)(aa) expressly applies this prohibition to the "a legislator and any person who has been certified by the secretary of state as elected to the legislature."
La. R.S. 42:1113D(1)(a)(iii) defines "legal entity of a person" as any corporation, partnership, or other legal entity in which a person identified in Item (ii) of this Subparagraph or the spouse of such person owns an interest of greater than five percent.
La. R.S. 42:1113D(1)(a)(v) defines "state government" as any branch, agency, department, or institution of state government or with the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, or any other state quasi-public entity created in law.
La. R.S. 42:1113D(1)(c) provides that the following shall not be considered a contract for purposes of this Subsection:
(ix) Any transaction valued at two thousand five hundred dollars or less. However, no person shall enter into separate transactions valued at two thousand five hundred dollars or less as a subterfuge to avoid the prohibition of this Subsection.
La. R.S.42:1102(14) defines "Legislator" as any person holding office in the Senate or the House of Representatives of the Louisiana Legislature which is filled by the vote of the appropriate electorate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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