HomeMy WebLinkAbout79-023 CuttRoger A. Cutt, Ph.D.
Commissioner for Medical Assistance
Department of Public Welfare
Harrisburg, PA 17120
Dear Mr. Cutt:
STATE ETHICS COMMISSION
HARRISBURG, PA.
July 9, 1979
Opinion Number 79 - 023
In your letter of June 1, 1979, you requested the
State Ethics Commission to furnish you an opinion concerning
Section 3(e) of the Act 170 of 1978. You explained that you
are currently Commissioner for Medical Assistance in the
Department of Public Welfare but because of a reorganization
of the Department your position will be eliminated. You in-
dicated that you planned to pursue a career in health care
administration and requested advice from the Commission con-
cerning your ability to seek employment with various health
providers and health insurance organizations.
It is the Commission's opinion that as Commissioner
for Medical Assistance in the Department of Public Welfare you
are a "public official" as that term is used in Act 170.
Section 3(e) of the Act prohibits a former official from repre-
senting any person, broadly defined in the Act to include cor-
porations, associations, "or other organizations or groups of
persons" on "any matter before the governmental body with which
he has been associated for one year after he leaves that body."
It is the Commission's opinion that Section 3(e) of the Act
would prohibit you from representing any person on any matter
before the Department of Public Weflare for a period of one year
commencing on the date you are dismissed as Commissioner of
Medical Assistance.
In response to your specific questions, it is the
Commission's opinion that Act 170 would not prohibit you from
accepting a position with a health provider organization that
receives payments from the Medical Assistance Program. Section
3(e) of the Act would prohibit you for a one year priod from
representing the employer before the Department of Public Wel-
fare. While the ban on representation would not preclude general
informational inquiries, you would be prohibited by Section 3(e)
Roger A. Cutt, Ph.D.
July 9, 1979
Page Two
from attempting to influence in any manner a decision of the
Department.
It is the Commission's opinion that Act 170 would
not prohibit you from accepting a position with a health in-
surance company even though the company may have a contract
or contracts with the Department of Public Welfare. If you
were so employed, the company would not be prohibited during
the first year of your employment from bidding on Request for
Proposals issued by the Department of Public Welfare. The
Act would not prohibit you during the one year period from
administering or managing a contract awarded your employer by
the Department of Public Welfare provided you did not attempt
to influence a decision by the Department.
This letter is a public record and will be made
available as such.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
Sincerely,
Paul J Smith
Chairman