THE HEALTH CARE FALSE CLAIM ACT
Act 323 of 1984
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 care corporation or health care insurer a claim for payment of health care benefits knowing the claim to be false.
(2) A person shall not make or present or cause to be made or presented to a health care corporation or health care insurer a claim for payment of health care benefits which he or she knows falsely represents that the goods or services were medically necessary in accordance with professionally accepted standards. Each claim which violates this subsection shall constitute a separate offense. A health facility or agency shall not be 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 or cause to be made a false statement or false representation of a material fact to a health care corporation or health care insurer for use in determining rights to health care benefits. Each claim which violates this subsection shall constitute a separate violation.
(4) A person who, having knowledge of the occurrence of an event affecting his or her initial or continued right to receive a health care benefit, or the continued right of any other person on whose behalf he or she has applied for or is receiving a health care benefit, shall not conceal or fail to disclose that event with intent to obtain a health care benefit to which the person or any other person is not entitled, or to obtain a health care benefit in an amount greater than that to which the person or any other person is entitled.
(5) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years, or by a fine of not more than $50,000.00, or both.
(6) This section does not apply to statements made on an application for coverage under a certificate or policy of insurance issued by a health care insurer or coverage under a certificate issued by a health care corporation.
History: 1984, Act 323, Eff. Mar. 29, 1985
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1989–2022 · leading case:
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997).
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997).
· cites it 4× “[MCL 752.1003(1); MSA 28.547(103)(1) (emphasis supplied).”
People v. Orzame, 570 N.W.2d 118 (Mich. Ct. App. 1997).
· cites it 2× “614(7)(1) (Medicaid False Claim Act), and MCL 752.1003; MSA 28.547(103) (Health Care False Claim Act), unlawfully dispensing and delivering controlled substances, MCL 333.”
People v. Motor City Hosp. & Surgical Supply, Inc., 575 N.W.2d 95 (Mich. Ct. App. 1998).
“614(7), MCL 752.1003; MSA 28.547(103). Moreover, the Legislature specifically included a “corrupt” intent element in other statutes involving bribery and kickbacks.”
People v. Premen, 532 N.W.2d 872 (Mich. Ct. App. 1995).
· cites it 5× “Following a jury trial, he was convicted of three counts of filing a false claim for health care benefits, MCL 752.1003(3); MSA 28.547(103)(3), and was sentenced to two years' probation.”
People v. Payne, 442 N.W.2d 675 (Mich. Ct. App. 1989).
· cites it 2× “614(7), and five counts of billing Blue Cross and Blue Shield of Michigan for *466 anesthesiology services not rendered, MCL 752.1003; MSA 28.547(103). Additionally, the following two counts were also charged: In Bay City, Michigan, between the dates of February 1, 1986 and…”
People v. Fiorillo, 491 N.W.2d 281 (Mich. Ct. App. 1992).
“MCL 752.1003(1); MSA 28.547(103X1); MCL 400.”
People of Michigan v. Timothy E Whiteus (Mich. Ct. App. 2017).
“” MCL 752.1003(1). The HCFCA’s definition for “ ‘[k]nowing’ or ‘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…”
People of Michigan v. Timothy E Whiteus (Mich. Ct. App. 2017).
“” MCL 752.1003(1). The HCFCA’s definition for “ ‘[k]nowing’ or ‘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…”
— Mich. Comp. Laws § 752.1003(1) — 12 cases
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997).
“[MCL 752.1003(1); MSA 28.547(103)(1) (emphasis supplied).”
People v. Payne, 442 N.W.2d 675 (Mich. Ct. App. 1989).
“614(7), and five counts of billing Blue Cross and Blue Shield of Michigan for *466 anesthesiology services not rendered, MCL 752.1003; MSA 28.547(103). Additionally, the following two counts were also charged: In Bay City, Michigan, between the dates of February 1, 1986 and…”
People v. Fiorillo, 491 N.W.2d 281 (Mich. Ct. App. 1992).
“MCL 752.1003(1); MSA 28.547(103X1); MCL 400.”
People of Michigan v. Timothy E Whiteus (Mich. Ct. App. 2017).
“” MCL 752.1003(1). The HCFCA’s definition for “ ‘[k]nowing’ or ‘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…”
— Mich. Comp. Laws § 752.1003(3) — 2 cases
People v. Perez-DeLeon, 568 N.W.2d 324 (Mich. Ct. App. 1997).
“[MCL 752.1003(1); MSA 28.547(103)(1) (emphasis supplied).”
People v. Premen, 532 N.W.2d 872 (Mich. Ct. App. 1995).
“Following a jury trial, he was convicted of three counts of filing a false claim for health care benefits, MCL 752.1003(3); MSA 28.547(103)(3), and was sentenced to two years' probation.”
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