February 19, 2008, Introduced by Rep. Corriveau and referred to the Committee on Judiciary.
A bill to amend 1977 PA 72, entitled
"The medicaid false claim act,"
by amending sections 7 and 12 (MCL 400.607 and 400.612), section 7
as amended by 1984 PA 333.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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, Act No. 280 of the Public Acts of
1939,
as amended, being sections 400.1 to 400.121 of the Michigan
Compiled
Laws 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, Act No. 280 of the
Public
Acts of 1939, which 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
shall constitute is a separate offense. A health
facility
or agency shall is not be liable under this subsection
unless
the health facility or agency, pursuant according 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 for medicaid benefits.
(4) (3)
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.
Sec.
12. (1) A person who receives a benefit which the person
that he or she is not entitled to receive by reason of fraud or
making a fraudulent statement or knowingly concealing a material
fact, or who engages in any conduct prohibited by this statute,
shall forfeit and pay to the state a civil penalty equal to the
full amount received plus triple the amount of damages suffered by
the state as a result of the conduct by the person and a civil
penalty of not less than $5,000.00.
(2) A criminal action need not be brought against the person
for that person to be civilly liable under this section.