Mich. Comp. Laws § 752.1001
Short title.
This act shall be known and may be cited as "the health care false claim act".
Michigan Compiled Laws — THE HEALTH CARE FALSE CLAIM ACT (Act 323 of 1984)
Michigan · statute · 323 of 1984, Mich. Comp. Laws · 14 active provisions
Mich. Comp. Laws § 752.1002
Definitions.
As used in this act: (a) "Claim" means any attempt to cause a health care corporation or health care insurer to make the payment of a health care benefit. (b) "Deceptive" means making a claim to a health care corporation or health care insurer which contains a statement of fact or which fails to reveal a material fact,…
Mich. Comp. Laws § 752.1003
False claims, statements, or representations; violation as separate offense; liability of health facility or agency; concealing or failing to disclose certain events; violation of section as felony; penalty; section inapplicable to application for coverage.
(1) A person shall not make or present or cause to be made or presented to a health care corporation or health care insurer a claim for payment of health care benefits knowing the claim to be false. (2) A person shall not make or present or cause to be made or presented to a health care corporation or health care insur…
Mich. Comp. Laws § 752.1004
Kickbacks, bribes, or rebates as felony; penalty.
A person who solicits, offers, pays, 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 by a health care corporation or health care insurer, or who receives a rebate of a fee or charge for referring an individual to another pers…
Mich. Comp. Laws § 752.1004a
Violation of MCL 752.1004; exceptions; cost-sharing requirements not altered; definitions.
(1) Neither of the following violates section 4: (a) A rebate or discount from a drug manufacturer or from a company that licenses or distributes the drugs of a drug manufacturer to or for the benefit of a consumer for the administration or the consumer's use of a drug manufactured or licensed or distributed by the dru…
Mich. Comp. Laws § 752.1004b
Rebate or discount from medical supply or device manufacturer; use; effect.
(1) A rebate or discount from a medical supply or device manufacturer or from a company that licenses or distributes medical supplies or devices for a medical supply or device manufacturer to a consumer for that consumer's use of a medical supply or device manufactured or licensed or distributed by that manufacturer or…
Mich. Comp. Laws § 752.1005
Agreement, combination, or conspiracy to defraud as felony; penalty.
(1) A person shall not enter into an agreement, combination, or conspiracy to defraud a health care corporation or health care insurer by making or presenting, or aiding another to make or present a false claim for payment of health care benefits. (2) A person who violates this section is guilty of a felony, punishable…
Mich. Comp. Laws § 752.1006
Second or subsequent offense; penalty.
A person who is convicted of a second or subsequent offense under this act may be sentenced to imprisonment for a term of not more than twice the term otherwise authorized, or fined an amount not more than twice the amount otherwise authorized, or both.
Mich. Comp. Laws § 752.1007
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 the person's behalf, nor to show that the person had actual notice that the acts by the persons acting on the person's behalf occurred, to establis…
Mich. Comp. Laws § 752.1008
Investigation; service and contents of written demands; action to enforce demand; serving notice of hearing and copy of pleadings; orders; confidentiality; duties of peace officers appointed as investigators.
(1) The attorney general, an assistant attorney general on behalf of the attorney general, or a prosecuting attorney may conduct an investigation of an alleged violation of this act. (2) If the attorney general or a prosecuting attorney has reasonable cause to believe that a person has information or is in possession,…
Mich. Comp. Laws § 752.1008a
Person not subject to civil liability.
If acting in good faith, a person is not subject to civil liability for providing information, investigating, or cooperating with an investigation or examination under this act.
Mich. Comp. Laws § 752.1009
Liability of person to health care corporation or health care insurer.
A person who receives a health care benefit or payment from a health care corporation or health care insurer which the person knows that he or she is not entitled to receive or be paid; or a person who knowingly presents or causes to be presented a claim which contains a false statement, shall be liable to the health c…
Mich. Comp. Laws § 752.1010
Restitution.
Any person convicted of a violation of section 3, 4, or 5, in addition to any fines or sentences imposed, including any order of probation, may be ordered to make restitution to a health care corporation or health care insurer.
Mich. Comp. Laws § 752.1011
Prosecution or civil action for violation of other laws.
This act shall not be construed to prohibit or limit a prosecution of or civil action against a person for the violation of any other law of this state.