Mich. Comp. Laws § 400.601
Short title.
This act shall be known and may be cited as "the medicaid false claim act".
Michigan Compiled Laws — THE MEDICAID FALSE CLAIM ACT (Act 72 of 1977)
Michigan · statute · 72 of 1977, Mich. Comp. Laws · 18 active provisions
Mich. Comp. Laws § 400.602
Definitions.
As used in this act: (a) "Benefit" means the receipt of money, goods, or anything of pecuniary value. (b) "Claim" means any attempt to cause the department of community health to pay out sums of money under the social welfare act. (c) "Deceptive" means making a claim or causing a claim to be made under the social welfa…
Mich. Comp. Laws § 400.603
Application for, or determining rights to, medicaid benefits; false statement or false representation of material facts; concealing or failing to disclose certain events; felony; penalty.
(1) A person shall not knowingly make or cause to be made a false statement or false representation of a material fact in an application for medicaid benefits. (2) A person shall not knowingly make or cause to be made a false statement or false representation of a material fact for use in determining rights to a medica…
Mich. Comp. Laws § 400.604
Furnishing of goods or services; kickbacks or bribes; payments or rebates for referrals; felony; penalty.
A person who solicits, offers, or receives a kickback or bribe in connection with the furnishing of goods or services for which payment is or may be made in whole or in part pursuant to a program established under Act No. 280 of the Public Acts of 1939, as amended, who makes or receives the payment, or who receives a r…
Mich. Comp. Laws § 400.605
Conditions or operation of institution or facility; false statement or false representation of material fact to qualify for certification or recertification; felony; penalty.
(1) A person shall not knowingly and wilfully make, or induce or seek to induce the making of, a false statement or false representation of a material fact with respect to the conditions or operation of an institution or facility in order that the institution or facility may qualify, upon initial certification or upon…
Mich. Comp. Laws § 400.606
Obtaining payment or allowance of false claim; felony; penalty.
(1) A person shall not enter into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false claim under the social welfare act, Act No. 280 of the Public Acts of 1939, as amended, being sections 400.1 to 400.121 of the Michigan Compiled La…
Mich. Comp. Laws § 400.607
Making or presenting false claims or false record or statement; violations as separate offenses; liability of health facility or agency; violation as felony; penalty.
(1) A person shall not make or present or cause to be made or presented to an employee or officer of this state a claim under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, upon or against the state, knowing the claim to be false. (2) A person shall not make or present or cause to be made or presented a cl…
Mich. Comp. Laws § 400.608
Prosecution; evidence; rebuttable presumptions.
(1) In a prosecution under this act, it shall not be necessary to show that the person had knowledge of similar acts having been performed in the past by a person acting on his or her behalf, nor to show that the person had actual notice that the acts by the persons acting on his or her behalf occurred to establish the…
Mich. Comp. Laws § 400.609
Persons convicted 3 or more times for offense and subsequently convicted of another offense; penalty.
(1) A person who is convicted 3 or more times for an offense under this act and who is subsequently convicted of another offense under this act may be sentenced to imprisonment for a term of not more than 10 years. To be subject to punishment under this section, it is not necessary to establish that the person was indi…
Mich. Comp. Laws § 400.610
Investigation by attorney general or assistant attorney general; appointment and powers of investigators; ratification of appointments; written demand; noncompliance; action to enforce demand; service; order; confidentiality.
(1) The attorney general or an assistant attorney general on behalf of the attorney general may conduct an investigation of an alleged violation of this act. (2) For purposes of enforcing this act, the attorney general may appoint investigators who shall be peace officers and whose powers shall include, but not be limi…
Mich. Comp. Laws § 400.610a
Civil action in name of state; initiation; complaint; intervention; pleadings; discovery; stay; alternative remedy; award; share of proceeds; court finding of frivolous claim; civil fine.
(1) Any person may bring a civil action in the name of this state under this section to recover losses that this state suffers from a violation of this act. A suit filed under this section shall not be dismissed unless the attorney general has been notified and had an opportunity to appear and oppose the dismissal. The…
Mich. Comp. Laws § 400.610b
Recovery of costs by attorney general.
(1) The attorney general may recover all costs this state incurs in the litigation and recovery of medicaid restitution under this act, including the cost of investigation and attorney fees. The attorney general shall retain the amount received for activities under this act, excluding amounts for restitution, court cos…
Mich. Comp. Laws § 400.610c
Employment action against employee initiating, assisting in, or participating in court action; prohibition; violation; liability of employer.
(1) An employer shall not discharge, demote, suspend, threaten, harass, or in any other manner, discriminate against an employee in the terms and conditions of employment because the employee engaged in lawful acts, including initiating, assisting in, or participating in the furtherance of an action under this act or b…
Mich. Comp. Laws § 400.611
Filing and prosecution of action; jurisdiction; service of process.
(1) An action brought by the attorney general under this act may be filed in Ingham county and may be prosecuted to final judgment in satisfaction there. (2) A person may bring a civil action under section 10a in any county in which venue is proper. If the attorney general elects to intervene under section 10a(3) or (6…
Mich. Comp. Laws § 400.612
Civil penalty for receiving benefit by reason of fraud, making fraudulent statement, knowingly concealing material fact, or engaging in prohibited conduct; criminal action not required.
(1) A person who receives a benefit that the person is not entitled to receive by reason of fraud or making a fraudulent statement or knowingly concealing a material fact, or who engages in any conduct prohibited by this statute, shall forfeit and pay to the state the full amount received, and for each claim a civil pe…
Mich. Comp. Laws § 400.613
Revocation of license of residential health care facility; petition for appointment of receiver; order; appointment, compensation, and powers and duties of receiver.
(1) As a means of protecting the health, safety, and welfare of patients in a residential health care facility, including hospitals, nursing homes, and other institutions reimbursed for resident or patient care by the medical assistance program established by Act No. 280 of the Public Acts of 1939, as amended, if the l…
Mich. Comp. Laws § 400.614
Statute of limitations.
(1) A person shall not bring a civil action under section 10a after the later of the following: (a) More than 6 years after the date on which the violation described in section 10a was committed. (b) More than 3 years after the date when facts material to the right of action are known or reasonably should have been kno…
Mich. Comp. Laws § 400.615
Burden of proof; preponderance of evidence.
A person bringing a civil action under this act is required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.