Michigan Laws 400.608 – Prosecution; evidence; rebuttable presumptions
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(1) In a prosecution under this act, it shall not be necessary to show that the person had knowledge of similar acts having been performed in the past by a person acting on his or her behalf, nor to show that the person had actual notice that the acts by the persons acting on his or her behalf occurred to establish the fact that a false statement or representation was knowingly made.
(2) It shall be a rebuttable presumption that a person knowingly made a claim for a medicaid benefit if the person’s actual, facsimile, stamped, typewritten, or similar signature is used on the form required for the making of a claim for a medicaid benefit.
Terms Used In Michigan Laws 400.608
- Benefit: means the receipt of money, goods, or anything of pecuniary value. See Michigan Laws 400.602
- Claim: means any attempt to cause the department of community health to pay out sums of money under the social welfare act. See Michigan Laws 400.602
- False: means wholly or partially untrue or deceptive. See Michigan Laws 400.602
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- knowingly: means that a person is in possession of facts under which he or she is aware or should be aware of the nature of his or her conduct and that his or her conduct is substantially certain to cause the payment of a medicaid benefit. See Michigan Laws 400.602
- Medicaid benefit: means a benefit paid or payable under a program for medical assistance for the medically indigent in accordance with the social welfare act. See Michigan Laws 400.602
- Person: means an individual, corporation, association, partnership, or other legal entity. See Michigan Laws 400.602
- Social welfare act: means the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 400.602
(3) If a claim for a medicaid benefit is made by means of computer billing tapes or other electronic means, it shall be a rebuttable presumption that the person knowingly made the claim if the person has notified the department of social services in writing that claims for medicaid benefits will be submitted by use of computer billing tapes or other electronic means.
(4) In any civil or criminal action under this act, the official certificate of the director of social services or the director’s delegate setting forth that documentary material or any compilation of documentary material is an authentic record or a compilation of the records of the medical assistance program under the social welfare act, Act No. 280 of the Public Acts of 1939, being section 400.1 to 400.121 of the Michigan Compiled Laws, shall create a rebuttable presumption that the record or compilation is authentic.