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Last modified
7/12/2021 11:19:17 AM
Creation date
1/18/2017 3:47:07 PM
Metadata
2016-1113
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1113
Requesting Party
Jacqueline Whitmore
Parties Involved
Office of Behavioral Health
Band of Angels
Office of Aging
Decision Date
12/16/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a social worker with the Office of Behavioral Health Preadmission Screening and Resident Review Program from being employed by the Band of Angels, since she would not be performing services for individuals placed in a nursing facility by OBH.
Ethics Subject Matters
Prohibited Assistance
Payment from Third Parties
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,n <br /> ,,,, STATE OF LOUISIANA <br /> 8 of Novi`--. DEPARTMENT OF STATE CIVIL SERVICE <br /> s <br /> ,�4�� u f9� <br /> �, LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> ,I BATON ROUGE, LA 70821 <br /> "P , ,� (225)219-5600 <br /> " FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> December 21, 2016 <br /> Jacqueline Whitmore, LCSW <br /> 3844 Pensacola Dr. <br /> Baton Rouge, Louisiana 70814 <br /> Re: Ethics Board Docket No. 2016-1113 <br /> Dear Ms. Whitmore: <br /> The Louisiana Board of Ethics, at its December 16, 2016 Board meeting, considered your request <br /> for an advisory opinion regarding whether there is a conflict of interest between your position as a <br /> social worker with the Office of Behavioral Health (OBH) Preadmission Screening and Resident <br /> Review (PASRR) Program and working for Band of Angels, a private business assisting nursing <br /> home residents and their families. OBH receives referrals for nursing home placement from the <br /> Office of Aging. They receive the initial information and review other records to see if an individual <br /> has ever been treated for a mental illness. The individual must have received some psychiatric <br /> treatment within the last two years and it must affect specific areas such as interpersonal functioning, <br /> concentration, persistence and pace, etc. OBH can authorize permanent placement or temporary <br /> placement with a review in three to six months. OBH also reviews cases for individuals who are <br /> already in a nursing home who either has had a change in their mental or physical health or they were <br /> only approved for a short period of time.You stated that in your position with OBH,you review the <br /> evaluation of the managed care company records from the Office of Aging and any hospital or <br /> nursing home records that are received to make a clinical decision about whether a person needs <br /> nursing home placement and the length of the placement. <br /> Your job responsibilities with the Band of Angels would be to make sure the needs of a nursing <br /> home resident are being met.This would include visits to the facility,shopping for the resident,and <br /> acting as a liaison between the family and nursing home. You stated that you would not provide <br /> services to individuals and their families who were placed in a nursing home by OBH. <br /> The Board concluded, and instructed me to inform you, that the Louisiana Code of Governmental <br /> Ethics would not prohibit you from being employed by the Band of Angels in the capacity provided. <br /> La. R.S. 42:1111C(1)(a)provides that no public servant shall receive any thing of economic value <br /> for any service for which the subject matter is devoted substantially to the responsibilities,programs, <br /> or operations of the agency of the public servant and in which the public servant has participated. <br /> Since you would not be performing services for individuals placed in a nursing facility by OBH,you <br /> would not be prohibited from being employed in the stated capacity with the Band of Angels. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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