Michigan Compiled Laws
Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615)
Section 400.608 - Prosecution; Evidence; Rebuttable Presumptions.

Sec. 8.
(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 fact that a false statement or representation was knowingly made.
(2) It shall be a rebuttable presumption that a person knowingly made a claim for a medicaid benefit if the person's actual, facsimile, stamped, typewritten, or similar signature is used on the form required for the making of a claim for a medicaid benefit.
(3) If a claim for a medicaid benefit is made by means of computer billing tapes or other electronic means, it shall be a rebuttable presumption that the person knowingly made the claim if the person has notified the department of social services in writing that claims for medicaid benefits will be submitted by use of computer billing tapes or other electronic means.
(4) In any civil or criminal action under this act, the official certificate of the director of social services or the director's delegate setting forth that documentary material or any compilation of documentary material is an authentic record or a compilation of the records of the medical assistance program under the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.121 of the Michigan Compiled Laws, shall create a rebuttable presumption that the record or compilation is authentic.
History: 1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984

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.