THE MEDICAID FALSE CLAIM ACT
Act 72 of 1977
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.
Sec. 7.
(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.
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
28
cases (
4 in the last 5 years), 1982–2025 · leading case:
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).
· cites it 15× “Defendants were convicted pursuant to MCL 400.607, which provides, in pertinent part: (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.”
People v. Am. Med. Centers of Michigan, Ltd., 324 N.W.2d 782 (Mich. Ct. App. 1982).
· cites it 7× “Defendants-appellants were convicted by a jury of numerous counts of Medicaid fraud, MCL 400.607; MSA 16.614(7). Defendants Leo Fuentes, Anton Zadurowycz and Eugene Kraus were sentenced to five years probation with the last six months to be spent in the county jail.”
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997).
· cites it 4× “The American Medical Centers Court held, regarding a prosecution under the prior version of MCL 400.607; MSA 16.614(7), that the trial court adequately instructed the jury concerning the specific intent element by reading the statutory definition of the term “knowing,” even…”
Attorney Gen. v. Merck Sharp & Dohme Corp., 807 N.W.2d 343 (Mich. Ct. App. 2011).
· cites it 3× “Plaintiffs allege that Merck is liable for violating MCL 400.607 of the MFCA and under the equitable principle of unjust enrichment.”
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
· cites it 2× “[24] MCL 400.607. [25] American Medical Centers, supra at 153, 324 N.”
People v. Orzame, 570 N.W.2d 118 (Mich. Ct. App. 1997).
· cites it 2× “280 of the Public Acts of 1939, as amended, being sections 400.1 to 400.121 of the Michigan Compiled Laws, upon or against the state, knowing the claim to be false.”
People v. Collins, 828 N.W.2d 392 (Mich. Ct. App. 2012).
“We concluded that such a charge was inappropriate because the charging statute, MCL 400.607(1), made it illegal to submit a false claim.”
People v. Gould, 570 N.W.2d 140 (Mich. Ct. App. 1997).
“In People v American Medical Centers of Michigan, Ltd, 118 Mich App 135, 153 ; 324 NW2d 782 (1982), cert den sub nom Fuentes v Michigan 464 US 1009 (1983), this Court held that because MCL 400.607; MSA 16.614(7) contained a requirement that a defendant “knowingly” submit a…”
People v. Payne, 442 N.W.2d 675 (Mich. Ct. App. 1989).
· cites it 4× “547(105), five counts of billing the Medicaid program for services rendered by nonmedically-trained office staff, MCL 400.607; MSA 16.614(7), five counts of billing the Medicaid program for anesthesiology services not rendered, MCL 400.”
— Mich. Comp. Laws § 400.607(1) — 18 cases
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).
“Defendants were convicted pursuant to MCL 400.607, which provides, in pertinent part: (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.”
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997).
“The American Medical Centers Court held, regarding a prosecution under the prior version of MCL 400.607; MSA 16.614(7), that the trial court adequately instructed the jury concerning the specific intent element by reading the statutory definition of the term “knowing,” even…”
Attorney Gen. v. Merck Sharp & Dohme Corp., 807 N.W.2d 343 (Mich. Ct. App. 2011).
“Plaintiffs allege that Merck is liable for violating MCL 400.607 of the MFCA and under the equitable principle of unjust enrichment.”
— Mich. Comp. Laws § 400.607(4) — 2 cases
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