Michigan Compiled Laws
Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615)
Section 400.610c - Employment Action Against Employee Initiating, Assisting In, or Participating in Court Action; Prohibition; Violation; Liability of Employer.

Sec. 10c.
(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 because the employee cooperates with or assists in an investigation under this act. This prohibition does not apply to an employment action against an employee who the court finds brought a frivolous claim, as defined in section 2591 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2591; the court finds to have planned and initiated the conduct upon which the action is brought; or is convicted of criminal conduct arising from a violation of this act.
(2) An employer who violates this section is liable to the employee for all of the following:
(a) Reinstatement to the employee's position without loss of seniority.
(b) Two times the amount of lost back pay.
(c) Interest on the back pay.
(d) Compensation for any special damages.
(e) Any other relief necessary to make the employee whole.
History: Add. 2005, Act 337, Imd. Eff. Jan. 3, 2006 ;-- 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.