Mich. Comp. Laws » Michigan Compiled Laws / Chapter 400 / Act 72 of 1977
Michigan Compiled Laws

Mich. Comp. Laws § 400.602 (2026)

Definitions.

✓ current as of July 2026
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THE MEDICAID FALSE CLAIM ACT


Act 72 of 1977


400.602 Definitions.

Sec. 2.

    As used in this act:

    (a) "Benefit" means the receipt of money, goods, or anything of pecuniary value.

    (b) "Claim" means any attempt to cause the department of community health to pay out sums of money under the social welfare act.

    (c) "Deceptive" means making a claim or causing a claim to be made under the social welfare act that contains a statement of fact or that fails to reveal a fact, which statement or failure leads the department to believe the represented or suggested state of affair to be other than it actually is.

    (d) "False" means wholly or partially untrue or deceptive.

    (e) "Health facility or agency" means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.

    (f) "Knowing" and "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. Knowing or knowingly includes acting in deliberate ignorance of the truth or falsity of facts or acting in reckless disregard of the truth or falsity of facts. Proof of specific intent to defraud is not required.

    (g) "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.

    (h) "Person" means an individual, corporation, association, partnership, or other legal entity.

    (i) "Social welfare act" means the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.

History: 1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009

Notes of Decisions
Cited in 13 cases, 1982–2020 · leading case: People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).
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People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008). · cites it 16× “” MCL 400.602(c). As indicated in our discussion of preemption, the terms “knowing” and “knowingly” are statutorily defined as encompassing the following situations: [A] person is in possession of facts under which he or she is aware or should be aware of the nature of his or…”
State of Michigan Ex Rel Marcia Gurganus v. Cvs Caremark Corp, 496 Mich. 45 (Mich. 2014). · cites it 6× “” MCL 400.602(c). 5 granted defendants summary disposition pursuant to MCR 2.”
People v. Am. Med. Centers of Michigan, Ltd., 324 N.W.2d 782 (Mich. Ct. App. 1982). · cites it 3× “On appeal, defendant Zadurowycz argues that the trial court should have given the jury an instruction which included the statutory definition of "false statement” and "false representation” as contained in MCL 400.602(b); MSA 16.614(2)(b). However, defendants were charged under…”
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997). · cites it 4× “” Defendants assert that American Medical Centers is distinguishable because the version of MCL 400.602; MSA 16.614(2) at issue there defined “knowing” and “false statement” in different terms than the statutes at issue here.”
People v. Orzame, 570 N.W.2d 118 (Mich. Ct. App. 1997). · cites it 2× “[MCL 400.602(d) and (f); MSA 16.614(2)(d) and (f); MCL 752.”
People of Michigan v. Xun Wang (Mich. 2020). · cites it 29× “607 in 1984 PA 333 , but that act significantly amended the definition of “knowing” and “knowingly” in MCL 400.602. After the 1984 amendment, the full definition read: “Knowing” and “knowingly” means that a person is in possession of facts under which he or she is aware or…”
In Re Wayne Cnty. Prosecutor, 329 N.W.2d 510 (Mich. Ct. App. 1982). “As to the final element of the crime, namely that the accused must know the claim to be false, fictitious, or fraudulent, MCL 400.602(c); MSA 16.614(2)(c) defines "knowing” and "knowingly” as meaning that: "[A] person is aware of the nature of his conduct and that his conduct is…”
People v. Williamson, 517 N.W.2d 846 (Mich. Ct. App. 1994). “” MCL 400.602(2)(d); MSA 16.614(2)(d). On appeal, defendant contends that § 7 is unconstitutionally vague because the definition of what constitutes a false Medicaid claim is found in the Medicaid provider manual, the contents of which were not promulgated as rules in accordance…”
People of Michigan v. Xun Wang (Mich. Ct. App. 2018). · cites it 2× “] This Court has held that the knowledge element relates both to the nature of that person’s conduct and also that the conduct is substantially certain to cause the payment of a Medicaid benefit.”
People of Michigan v. Xun Wang (Mich. Ct. App. 2018). · cites it 2× “] This Court has held that the knowledge element relates both to the nature of that person’s conduct and also that the conduct is substantially certain to cause the payment of a Medicaid benefit.”
People of Michigan v. Timothy E Whiteus (Mich. Ct. App. 2017). “MCL 400.602(f), in turn, defines “knowing” to mean 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.”
People of Michigan v. Timothy E Whiteus (Mich. Ct. App. 2017). “MCL 400.602(f), in turn, defines “knowing” to mean 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.”
Show all 13 citing cases →
— Mich. Comp. Laws § 400.602(2)(d) — 1 case
People v. Williamson, 517 N.W.2d 846 (Mich. Ct. App. 1994). “” MCL 400.602(2)(d); MSA 16.614(2)(d). On appeal, defendant contends that § 7 is unconstitutionally vague because the definition of what constitutes a false Medicaid claim is found in the Medicaid provider manual, the contents of which were not promulgated as rules in accordance…”
— Mich. Comp. Laws § 400.602(b) — 1 case
People v. Am. Med. Centers of Michigan, Ltd., 324 N.W.2d 782 (Mich. Ct. App. 1982). “On appeal, defendant Zadurowycz argues that the trial court should have given the jury an instruction which included the statutory definition of "false statement” and "false representation” as contained in MCL 400.602(b); MSA 16.614(2)(b). However, defendants were charged under…”
— Mich. Comp. Laws § 400.602(c) — 5 cases
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008). “” MCL 400.602(c). As indicated in our discussion of preemption, the terms “knowing” and “knowingly” are statutorily defined as encompassing the following situations: [A] person is in possession of facts under which he or she is aware or should be aware of the nature of his or…”
State of Michigan Ex Rel Marcia Gurganus v. Cvs Caremark Corp, 496 Mich. 45 (Mich. 2014). “” MCL 400.602(c). 5 granted defendants summary disposition pursuant to MCR 2.”
People v. Am. Med. Centers of Michigan, Ltd., 324 N.W.2d 782 (Mich. Ct. App. 1982). “On appeal, defendant Zadurowycz argues that the trial court should have given the jury an instruction which included the statutory definition of "false statement” and "false representation” as contained in MCL 400.602(b); MSA 16.614(2)(b). However, defendants were charged under…”
In Re Wayne Cnty. Prosecutor, 329 N.W.2d 510 (Mich. Ct. App. 1982). “As to the final element of the crime, namely that the accused must know the claim to be false, fictitious, or fraudulent, MCL 400.602(c); MSA 16.614(2)(c) defines "knowing” and "knowingly” as meaning that: "[A] person is aware of the nature of his conduct and that his conduct is…”
People of Michigan v. Xun Wang (Mich. 2020). “607 in 1984 PA 333 , but that act significantly amended the definition of “knowing” and “knowingly” in MCL 400.602. After the 1984 amendment, the full definition read: “Knowing” and “knowingly” means that a person is in possession of facts under which he or she is aware or…”
— Mich. Comp. Laws § 400.602(d) — 5 cases
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008). “” MCL 400.602(c). As indicated in our discussion of preemption, the terms “knowing” and “knowingly” are statutorily defined as encompassing the following situations: [A] person is in possession of facts under which he or she is aware or should be aware of the nature of his or…”
State of Michigan Ex Rel Marcia Gurganus v. Cvs Caremark Corp, 496 Mich. 45 (Mich. 2014). “” MCL 400.602(c). 5 granted defendants summary disposition pursuant to MCR 2.”
People v. Orzame, 570 N.W.2d 118 (Mich. Ct. App. 1997). “[MCL 400.602(d) and (f); MSA 16.614(2)(d) and (f); MCL 752.”
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997). “” Defendants assert that American Medical Centers is distinguishable because the version of MCL 400.602; MSA 16.614(2) at issue there defined “knowing” and “false statement” in different terms than the statutes at issue here.”
People of Michigan v. Xun Wang (Mich. 2020). “607 in 1984 PA 333 , but that act significantly amended the definition of “knowing” and “knowingly” in MCL 400.602. After the 1984 amendment, the full definition read: “Knowing” and “knowingly” means that a person is in possession of facts under which he or she is aware or…”
— Mich. Comp. Laws § 400.602(e) — 1 case
People v. Am. Med. Centers of Michigan, Ltd., 324 N.W.2d 782 (Mich. Ct. App. 1982). “On appeal, defendant Zadurowycz argues that the trial court should have given the jury an instruction which included the statutory definition of "false statement” and "false representation” as contained in MCL 400.602(b); MSA 16.614(2)(b). However, defendants were charged under…”
— Mich. Comp. Laws § 400.602(f) — 10 cases
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008). “” MCL 400.602(c). As indicated in our discussion of preemption, the terms “knowing” and “knowingly” are statutorily defined as encompassing the following situations: [A] person is in possession of facts under which he or she is aware or should be aware of the nature of his or…”
State of Michigan Ex Rel Marcia Gurganus v. Cvs Caremark Corp, 496 Mich. 45 (Mich. 2014). “” MCL 400.602(c). 5 granted defendants summary disposition pursuant to MCR 2.”
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997). “” Defendants assert that American Medical Centers is distinguishable because the version of MCL 400.602; MSA 16.614(2) at issue there defined “knowing” and “false statement” in different terms than the statutes at issue here.”
People v. Orzame, 570 N.W.2d 118 (Mich. Ct. App. 1997). “[MCL 400.602(d) and (f); MSA 16.614(2)(d) and (f); MCL 752.”
People of Michigan v. Xun Wang (Mich. 2020). “607 in 1984 PA 333 , but that act significantly amended the definition of “knowing” and “knowingly” in MCL 400.602. After the 1984 amendment, the full definition read: “Knowing” and “knowingly” means that a person is in possession of facts under which he or she is aware or…”
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