Michigan Laws 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
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| G | up to 4 years |
Terms Used In Michigan Laws 400.607
- 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
- Health facility or agency: means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 400.602
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A person shall not make or present or cause to be made or presented to an employee or officer of this state a claim under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, upon or against the state, knowing the claim to be false.
(2) A person shall not make or present or cause to be made or presented a claim under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that he or she knows falsely represents that the goods or services for which the claim is made were medically necessary in accordance with professionally accepted standards. Each claim violating this subsection is a separate offense. A health facility or agency is not liable under this subsection unless the health facility or agency, pursuant to a conspiracy, combination, or collusion with a physician or other provider, falsely represents the medical necessity of the particular goods or services for which the claim was made.
(3) A person shall not knowingly make, use, or cause to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the state pertaining to a claim presented under the social welfare act.
(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $50,000.00, or both.