Mich. Comp. Laws » Michigan Compiled Laws / Chapter 752 / Act 323 of 1984
Michigan Compiled Laws

Mich. Comp. Laws § 752.1009 (2026)

Liability of person to health care corporation or health care insurer.

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THE HEALTH CARE FALSE CLAIM ACT


Act 323 of 1984


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 or causes to be presented a claim which contains a false statement, shall be liable to the health care corporation or health care insurer for the full amount of the benefit or payment made.

History: 1984, Act 323, Eff. Mar. 29, 1985

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2014–2025 · leading case: State of Michigan ex rel. Marcia Gurganus v. CVS Caremark Corp, 852 N.W.2d 103 (Mich. 2014).
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State of Michigan ex rel. Marcia Gurganus v. CVS Caremark Corp, 852 N.W.2d 103 (Mich. 2014). · cites it 4× “Rather, a private cause of action arises out of the “broad and mandatory statement of civil liability in MCL 752.1009 . . . .”13 Moreover, the Court of Appeals interpreted § 17755(2) as applicable to all transactions in which a generic drug is dispensed, and therefore the…”
Dykema Excavators, Inc. v. Blue Cross, 77 F. Supp. 3d 646 (E.D. Mich. 2015). · cites it 2× “1211 (Count III); (2) violation of the Michigan Health Care *659 False Claims Act, Mich. Comp. Laws § 752.1009 (Count IV); (3) breach of contract and breach of covenant of good faith and fair dealing (Count V); (4) breach of common law fiduciary duty (Count VI); (5) conversion…”
Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross & Blue Shield of Mich., 391 F. Supp. 3d 706 (E.D. Mich. 2019). · cites it 2× “Mich. Comp. Laws § 752.1009 ("A person who knowingly presents or causes to be presented a claim which contains a false statement, shall be liable to the health care corporation or health care insurer for the full amount of the benefit or payment made.”
Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross & Blue Shield of Michigan, No. 5:14-cv-11349 (E.D. Mich. Aug. 3, 2022). · cites it 15× “Mich. Comp. Laws § 752.1009 ; see also State ex rel.”
Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross & Blue Shield of Michigan, No. 5:14-cv-11349 (E.D. Mich. July 30, 2019). “” § 752.1009. Here, the status of the insurer is rooted in time to when the false claim was made.”
Grand Traverse Band of Ottawa & Chippewa Indians v. Blue Cross Blue Shield of Mich., 146 F.4th 496 (6th Cir. 2025). “2 Mich. Comp. Laws § 752.1009 . In its amended complaint, Grand Traverse Band alleges that “[t]he amount charged by [Blue Cross] for paying the claims was false because Plaintiffs were not required to pay more than [MLR] on a number of claims administered by [Blue Cross].”
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