Section 752.1001 – Short Title.

752.1001 Short title. Sec. 1. This act shall be known and may be cited as “the health care false claim act”. History: 1984, Act 323, Eff. Mar. 29, 1985

Section 752.1002 – Definitions.

752.1002 Definitions. Sec. 2. As used in this act: (a) “Claim” means any attempt to cause a health care corporation or health care insurer to make the payment of a health care benefit. (b) “Deceptive” means making a claim to a health care corporation or health care insurer which contains a statement of fact or […]

Section 752.1003 – False Claims, Statements, or Representations; Violation as Separate Offense; Liability of Health Facility or Agency; Concealing or Failing to Disclose Certain Events; Violation of Section as Felony; Penalty; Section Inapplicable to Application for Coverage.

752.1003 False claims, statements, or representations; violation as separate offense; liability of health facility or agency; concealing or failing to disclose certain events; violation of section as felony; penalty; section inapplicable to application for coverage. Sec. 3. (1) A person shall not make or present or cause to be made or presented to a health […]

Section 752.1004 – Kickbacks, Bribes, or Rebates as Felony; Penalty.

752.1004 Kickbacks, bribes, or rebates as felony; penalty. Sec. 4. A person who solicits, offers, pays, or receives a kickback or bribe in connection with the furnishing of goods or services for which payment is or may be made in whole or in part by a health care corporation or health care insurer, or who […]

Section 752.1004a – Violation of MCL 752.1004; Exceptions; Cost-Sharing Requirements Not Altered; Definitions.

752.1004a Violation of MCL 752.1004; exceptions; cost-sharing requirements not altered; definitions. Sec. 4a. (1) Neither of the following violates section 4: (a) A rebate or discount from a drug manufacturer or from a company that licenses or distributes the drugs of a drug manufacturer to or for the benefit of a consumer for the administration […]

Section 752.1004b – Rebate or Discount From Medical Supply or Device Manufacturer; Use; Effect.

752.1004b Rebate or discount from medical supply or device manufacturer; use; effect. Sec. 4b. (1) A rebate or discount from a medical supply or device manufacturer or from a company that licenses or distributes medical supplies or devices for a medical supply or device manufacturer to a consumer for that consumer’s use of a medical […]

Section 752.1005 – Agreement, Combination, or Conspiracy to Defraud as Felony; Penalty.

752.1005 Agreement, combination, or conspiracy to defraud as felony; penalty. Sec. 5. (1) A person shall not enter into an agreement, combination, or conspiracy to defraud a health care corporation or health care insurer by making or presenting, or aiding another to make or present a false claim for payment of health care benefits. (2) […]

Section 752.1006 – Second or Subsequent Offense; Penalty.

752.1006 Second or subsequent offense; penalty. Sec. 6. A person who is convicted of a second or subsequent offense under this act may be sentenced to imprisonment for a term of not more than twice the term otherwise authorized, or fined an amount not more than twice the amount otherwise authorized, or both. History: 1984, […]

Section 752.1007 – Evidence; Rebuttable Presumptions.

752.1007 Evidence; rebuttable presumptions. Sec. 7. (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 the person’s behalf, nor to show that the person had actual notice that the acts by […]

Section 752.1008 – Investigation; Service and Contents of Written Demands; Action to Enforce Demand; Serving Notice of Hearing and Copy of Pleadings; Orders; Confidentiality; Duties of Peace Officers Appointed as Investigators.

752.1008 Investigation; service and contents of written demands; action to enforce demand; serving notice of hearing and copy of pleadings; orders; confidentiality; duties of peace officers appointed as investigators. Sec. 8. (1) The attorney general, an assistant attorney general on behalf of the attorney general, or a prosecuting attorney may conduct an investigation of an […]

Section 752.1008a – Person Not Subject to Civil Liability.

752.1008a Person not subject to civil liability. Sec. 8a. If acting in good faith, a person is not subject to civil liability for providing information, investigating, or cooperating with an investigation or examination under this act. History: Add. 1996, Act 229, Imd. Eff. June 5, 1996

Section 752.1009 – Liability of Person to Health Care Corporation or Health Care Insurer.

752.1009 Liability of person to health care corporation or health care insurer. Sec. 9. A person who receives a health care benefit or payment from a health care corporation or health care insurer which the person knows that he or she is not entitled to receive or be paid; or a person who knowingly presents […]

Section 752.1010 – Restitution.

752.1010 Restitution. Sec. 10. Any person convicted of a violation of section 3, 4, or 5, in addition to any fines or sentences imposed, including any order of probation, may be ordered to make restitution to a health care corporation or health care insurer. History: 1984, Act 323, Eff. Mar. 29, 1985

Section 752.1011 – Prosecution or Civil Action for Violation of Other Laws.

752.1011 Prosecution or civil action for violation of other laws. Sec. 11. This act shall not be construed to prohibit or limit a prosecution of or civil action against a person for the violation of any other law of this state. History: 1984, Act 323, Eff. Mar. 29, 1985