2010 Michigan Compiled Laws
THE MEDICAID FALSE CLAIM ACT
Chapter 400 - SOCIAL SERVICES
Act 72 of 1977 - THE MEDICAID FALSE CLAIM ACT (400.601 - 400.615)
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
- 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.
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