2006 Michigan Compiled Laws - Act 72 of 1977


THE MEDICAID FALSE CLAIM ACT

Act 72 of 1977

AN ACT to prohibit fraud in the obtaining of benefits or payments in connection with the medical assistance program; to prohibit kickbacks or bribes in connection with the program; to prohibit conspiracies in obtaining benefits or payments; to authorize the attorney general to investigate alleged violations of this act; to provide for the appointment of investigators by the attorney general; to ratify prior appointments of attorney general investigators; to provide for civil actions to recover money received by reason of fraudulent conduct; to provide for receiverships of residential health care facilities; to prohibit retaliation; to provide for certain civil fines; and to prescribe remedies and penalties.


History: 1977, Act 72, Imd. Eff. July 27, 1977 ;--Am. 1982, Act 518, Imd. Eff. Dec. 31, 1982 ;--Am. 2005, Act 337, Imd. Eff. Jan. 3, 2006




The People of the State of Michigan enact:

DocumentDescription
Section 400.601Short title.
Section 400.602Definitions.
Section 400.603Application 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 400.604Furnishing of goods or services; kickbacks or bribes; payments or rebates for referrals; felony; penalty.
Section 400.605Conditions or operation of institution or facility; false statement or false representation of material fact to qualify for certification or recertification; felony; penalty.
Section 400.606Obtaining payment or allowance of false claim; felony; penalty.
Section 400.607Making or presenting false claims; violations as separate offenses; liability of health facility or agency; violation as felony; penalty.
Section 400.608Prosecution; evidence; rebuttable presumptions.
Section 400.609Persons convicted 3 or more times for offense and subsequently convicted of another offense; penalty.
Section 400.610Investigation 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 400.610aCivil 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 400.610bRecovery of costs by attorney general.
Section 400.610cEmployment action against employee initiating, assisting in, or participating in court action; prohibition; violation; liability of employer.
Section 400.611Filing and prosecution of action; jurisdiction; service of process.
Section 400.612Civil penalty for receiving benefit by reason of fraud, making fraudulent statement, or knowingly concealing material fact; criminal action not required.
Section 400.613Revocation of license of residential health care facility; petition for appointment of receiver; order; appointment, compensation, and powers and duties of receiver.

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