2006 Ohio Revised Code - 2933.71. Definitions.

§ 2933.71. Definitions.
 

As used in sections 2933.71 to 2933.75 of the Revised Code: 

(A) "Medicaid fraud offense" means any of the following: 

(1) Any violation of section 2913.40 of the Revised Code; 

(2) Any violation of section 2921.13 of the Revised Code that involves the making of a false statement in relation to the securement of benefits or payments under the medical assistance program established under section 5111.01 of the Revised Code or the swearing or affirming of a false statement previously made in relation to the securement of any such benefits or payments; 

(3) Any other criminal violation of law related to the medical assistance program established under section 5111.01 of the Revised Code; 

(4) Any conspiracy to commit any violation described in division (A)(1), (2), or (3) of this section. 

(B) "Forfeitable property" means any profit, money, or proceeds, and any property, real or personal, tangible, or intangible, including any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise, that is derived from, or that is traceable to any profit, money, or proceeds obtained directly or indirectly from, any medicaid fraud offense. 

(C) "Beneficial interest" means any of the following: 

(1) The interest of a person as a beneficiary under a trust in which the trustee holds title to personal or real property; 

(2) The interest of a person as a beneficiary under any other trust arrangement under which any other person holds title to personal or real property for the benefit of such person; 

(3) The interest of a person under any other form of express fiduciary arrangement under which any other person holds title to personal or real property for the benefit of such person. 

"Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general or limited partnership. 

(D) "Costs of investigation and prosecution" and "costs of investigation and litigation" mean all of the costs incurred by the state or a county or municipal corporation in the prosecution and investigation of the medicaid fraud offense in question, and includes, but is not limited to, the costs of resources and personnel. 

(E) "Innocent person" includes any bona fide purchaser of property that allegedly is forfeitable property, including any person who establishes a valid claim to or interest in the property in accordance with division (F) of section 2933.73 of the Revised Code. 

(F) "Personal property" means any personal property, any interest in personal property, or any right, including, but not limited to, bank accounts, debts, corporate stocks, patents, or copyrights. Personal property and any beneficial interest in personal property are deemed to be located where the trustee of the property, the personal property, or the instrument evidencing the right is located. 

(G) "Real property" means any real property or any interest in real property, including, but not limited to, any lease of, or mortgage upon, real property. Real property and any beneficial interest in it is deemed to be located where the real property is located. 

(H) "Trustee" means any of the following: 

(1) Any person acting as trustee under a trust in which the trustee holds title to personal or real property; 

(2) Any person who holds title to personal or real property for which any other person has a beneficial interest; 

(3) Any successor trustee. 

"Trustee" does not include an assignee or trustee for an insolvent debtor or an executor, administrator, administrator with the will annexed, testamentary trustee, guardian, or committee, appointed by, or under the control of, or accountable to, a court. 
 

HISTORY: 145 v H 152. Eff 7-1-93.