AGO 1993-017.

• Case Date: August 19, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-017. August 19, 1993OPINION NO. 1993-017The Honorable Lynn Alan Grimshaw Scioto County Prosecuting Attorney Scioto County Court House Room 310 Portsmouth, Ohio 45662Dear Prosecutor Grimshaw: You have requested an opinion pertaining to R.C. 3599.45, which prohibits candidates for certain elective offices from knowingly accepting campaign contributions from Medicaid providers. R.C. 3599.45 states:

(A) No candidate for the office of attorney general or county prosecutor or his campaign committee shall knowingly accept any contribution from a provider of services or goods under contract with the department of human services pursuant to the medicaid program of Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or from any person having an ownership interest in the provider.

As used in this section "candidate," "campaign committee," and "contribution" have the same meaning as in section 3517.01 of the Revised Code.

(B) Whoever violates this section is guilty of a misdemeanor of the first degree.

You have asked whether this section means that a candidate for county prosecutor or his campaign committee is prohibited from knowingly accepting a campaign contribution from a physician who accepts Medicaid payments. You have also asked, if the answer to the above is in the affirmative, whether the candidate or campaign treasurer who knowingly accepts the contribution is subject to criminal prosecution by the appropriate prosecuting authority.

R.C. 3599.45 Prohibits a Candidate for County Prosecutor or the Candidate's Campaign Committee from Knowingly Accepting a Campaign Contribution from a Physician Who Is a Medicaid Provider

Your first question is whether R.C. 3599.45 prohibits a candidate for county prosecutor or his campaign committee from knowingly accepting a campaign contribution from a physician who accepts Medicaid payments. R.C. 3599.45 expressly prohibits a candidate for the office of county prosecutor or his campaign committee from knowingly accepting any contribution "from a provider of services or goods under contract with the department of human services pursuant to the medicaid program of Title XIX of the 'Social Security Act,' 49 Stat. 620 (1935), 42 U.S.C. 301, as amended." Accordingly, if a physician is a...