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

Sec. 7.
(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 claim under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that he or she knows falsely represents that the goods or services for which the claim is made were medically necessary in accordance with professionally accepted standards. Each claim violating this subsection is a separate offense. A health facility or agency is not liable under this subsection unless the health facility or agency, pursuant to a conspiracy, combination, or collusion with a physician or other provider, falsely represents the medical necessity of the particular goods or services for which the claim was made.
(3) A person shall not knowingly make, use, or cause to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the state pertaining to a claim presented under the social welfare act.
(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $50,000.00, or both.
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.