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Last modified
7/12/2021 11:05:46 AM
Creation date
12/18/2017 11:49:22 AM
Metadata
2017-1151
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1151
Requesting Party
Nicholas Gachassin III
Decision Date
12/15/2017
Caption
Advisory opinion that the La. R.S. 42:1113B within the Code of Governmental Ethics would prohibit Acadian Urgent Care Center, LLC from entering into contract with Hospital Service District No. 1 of Iberia Parish while a board member of the Hospital Service District owns fifty percent of Acadian Urgent Care Center.
Ethics Subject Matters
Prohibited Contracts
Boards and Commissions
Outside Employment
Public Employee - Definition
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STATE OF LOUISIANA <br /> ,o°oF is;1.. DEPARTMENT OF STATE CIVIL SERVICE <br /> �� Jas VI LOUISIANA BOARD OF ETHICS <br /> t o <br /> Iii;4,,;;ill P.O.BOX 4368 <br /> ,..' BATON ROUGE,LA 70821 <br /> C**;; ENc ,,.1 <br /> (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> December 18, 2017 <br /> Nicholas Gachassin, III <br /> Gachassin Law Firm <br /> P.O. Box 80369 <br /> Lafayette, LA 70598-0369 • <br /> Re: Ethics Board Docket No. 2017-1151 <br /> Dear Mr. Gachassin: <br /> The Louisiana Board of Ethics, at its December 15, 2017 meeting, considered your request for an <br /> advisory opinion regarding whether Hospital Service District No. 1 of Iberia Parish d/b/a Iberia <br /> Medical Center (IMC) may enter into contracts with Acadian Urgent Care Center, LLC <br /> (Acadian). You stated that IMC recently purchased the land and hospital building formerly <br /> known as Dauterive Hospital which is now referred to as IMC's North Campus. IMC has the <br /> opportunity to collect rental revenue by leasing its North Campus to Acadian. The lease would <br /> require Acadian to pay fair market value rent and provide that the use of the leased premises be <br /> restricted to the operation of an urgent care center. In addition, IMC and Acadian would enter <br /> into a Purchased Service Agreement whereby IMC would provide certain laboratory and imaging <br /> services to Acadian for the operation of its urgent care center in exchange for fees in accordance <br /> with a fee schedule that is in line with fair market value for such services. You also stated that <br /> Brock Romero, a nurse practitioner and appointed member of the Board of Commissioners of <br /> IMC, owns fifty percent of Acadian. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would prohibit Acadian from entering into contracts with IMC while Brock Romero serves as an <br /> appointed member of the Board of Commissioners of IMC. La. R.S. 42:1113B prohibits an <br /> appointed member of a board or commission, member of his immediate family, or legal entity in <br /> which he has a substantial economic interest from bidding on, entering into, or being in any way <br /> interested in a contract, subcontract or transaction under the supervision or jurisdiction of the <br /> public servant's agency. Because Brock Romero owns 50% of Acadian, it is prohibited from <br /> entering into a contract, subcontract, or other transaction with IMC. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The <br /> Board issues no opinion as to past conduct or as to laws other than the Code of Governmental <br /> Ethics. If you have any questions,please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> r <br /> /• <br /> .^ C A J\ <br /> Je f.fer T. LA a d <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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