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

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.
This act shall be known and may be cited as “the medicaid false claim act”. History: 1977, Act 72, Imd. Eff. July 27, 1977
Section 400.602 Definitions.
As used in this act: (a) "Benefit" means the receipt of money, goods, or anything of pecuniary value. (b) "Claim" means any attempt to...
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.
(1) A person shall not knowingly make or cause to be made a false statement or false representation of a material fact in an...
Section 400.604 Furnishing Of Goods Or Services; Kickbacks Or Bribes; Payments Or Rebates For Referrals; Felony; Penalty.
A person who solicits, offers, or receives a kickback or bribe in connection with the furnishing of goods or services for which payment is...
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.
(1) A person shall not knowingly and wilfully make, or induce or seek to induce the making of, a false statement or false representation...
Section 400.606 Obtaining Payment Or Allowance Of False Claim; Felony; Penalty.
(1) A person shall not enter into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the...
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.
(1) A person shall not make or present or cause to be made or presented to an employee or officer of this state a...
Section 400.608 Prosecution; Evidence; Rebuttable Presumptions.
(1) In a prosecution under this act, it shall not be necessary to show that the person had knowledge of similar acts having been...
Section 400.609 Persons Convicted 3 Or More Times For Offense And Subsequently Convicted Of Another Offense; Penalty.
(1) A person who is convicted 3 or more times for an offense under this act and who is subsequently convicted of another offense...
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.
(1) The attorney general or an assistant attorney general on behalf of the attorney general may conduct an investigation of an alleged violation of...
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.
(1) Any person may bring a civil action in the name of this state under this section to recover losses that this state suffers...
Section 400.610b Recovery Of Costs By Attorney General.
(1) The attorney general may recover all costs this state incurs in the litigation and recovery of medicaid restitution under this act, including the...
Section 400.610c Employment Action Against Employee Initiating, Assisting In, Or Participating In Court Action; Prohibition; Violation; Liability Of Employer.
(1) An employer shall not discharge, demote, suspend, threaten, harass, or in any other manner, discriminate against an employee in the terms and conditions...
Section 400.611 Filing And Prosecution Of Action; Jurisdiction; Service Of Process.
(1) An action brought by the attorney general under this act may be filed in Ingham county and may be prosecuted to final judgment...
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.
(1) A person who receives a benefit that the person is not entitled to receive by reason of fraud or making a fraudulent statement...
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.
(1) As a means of protecting the health, safety, and welfare of patients in a residential health care facility, including hospitals, nursing homes, and...
Section 400.614 Statute Of Limitations.
(1) A person shall not bring a civil action under section 10a after the later of the following: (a) More than 6 years after...
Section 400.615 Burden Of Proof; Preponderance Of Evidence.
A person bringing a civil action under this act is required to prove all essential elements of the cause of action, including damages, by...

Last modified: October 10, 2016