Michigan Compiled Laws
Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615)
Section 400.602 - Definitions.

Sec. 2.
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 welfare act that contains a statement of fact or that fails to reveal a fact, which statement or failure leads the department to believe the represented or suggested state of affair to be other than it actually is.
(d) "False" means wholly or partially untrue or deceptive.
(e) "Health facility or agency" means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(f) "Knowing" and "knowingly" means that a person is in possession of facts under which he or she is aware or should be aware of the nature of his or her conduct and that his or her conduct is substantially certain to cause the payment of a medicaid benefit. Knowing or knowingly includes acting in deliberate ignorance of the truth or falsity of facts or acting in reckless disregard of the truth or falsity of facts. Proof of specific intent to defraud is not required.
(g) "Medicaid benefit" means a benefit paid or payable under a program for medical assistance for the medically indigent in accordance with the social welfare act.
(h) "Person" means an individual, corporation, association, partnership, or other legal entity.
(i) "Social welfare act" means the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
History: 1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 400 - Social Services

Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615)

Section 400.601 - Short Title.

Section 400.602 - Definitions.

Section 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.

Section 400.604 - Furnishing of Goods or Services; Kickbacks or Bribes; Payments or Rebates for Referrals; Felony; Penalty.

Section 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.

Section 400.606 - Obtaining Payment or Allowance of False Claim; Felony; Penalty.

Section 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.

Section 400.608 - Prosecution; Evidence; Rebuttable Presumptions.

Section 400.609 - Persons Convicted 3 or More Times for Offense and Subsequently Convicted of Another Offense; Penalty.

Section 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.

Section 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.

Section 400.610b - Recovery of Costs by Attorney General.

Section 400.610c - Employment Action Against Employee Initiating, Assisting In, or Participating in Court Action; Prohibition; Violation; Liability of Employer.

Section 400.611 - Filing and Prosecution of Action; Jurisdiction; Service of Process.

Section 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.

Section 400.613 - Revocation of License of Residential Health Care Facility; Petition for Appointment of Receiver; Order; Appointment, Compensation, and Powers and Duties of Receiver.

Section 400.614 - Statute of Limitations.

Section 400.615 - Burden of Proof; Preponderance of Evidence.