MCL - 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:
Document Type Description
Section 400.601 Section Short title.
Section 400.602 Section Definitions.
Section 400.603 Section 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 Section Furnishing of goods or services; kickbacks or bribes; payments or rebates for referrals; felony; penalty.
Section 400.605 Section 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 Section Obtaining payment or allowance of false claim; felony; penalty.
Section 400.607 Section 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 Section Prosecution; evidence; rebuttable presumptions.
Section 400.609 Section Persons convicted 3 or more times for offense and subsequently convicted of another offense; penalty.
Section 400.610 Section 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 Section 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 Section Recovery of costs by attorney general.
Section 400.610c Section Employment action against employee initiating, assisting in, or participating in court action; prohibition; violation; liability of employer.
Section 400.611 Section Filing and prosecution of action; jurisdiction; service of process.
Section 400.612 Section 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 Section 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 Section Statute of limitations.
Section 400.615 Section Burden of proof; preponderance of evidence.