Medicaid Fraud & Anti-Kickback Statute

Current understanding

Michigan’s Medical Services (Medicaid) anti-fraud regime under 1977 PA 72 (MCL 400.601 et seq.) criminalizes false claims, kickbacks, and bribes tied to medical services benefits. The statute defines prohibited kickback/bribery conduct and provides enforcement tools distinct from coverage rules under the Social Welfare Act.

Evidence log

• 2026-06-03 — Human services: medical services; reporting of error rate regarding Medicaid; require. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 106c.: cross-connection with medicaid-payment-error-rate-reporting: Both concern oversight of improper Medicaid payments — error-rate reporting complements anti-fraud enforcement. (novelty: 2)
• 2026-06-08 — Department of Health and Human Services v Nrk Rx, Inc: Michigan Supreme Court in DHHS v Nrk Rx, Inc held that in civil Medicaid overpayment/tort actions brought by DHHS against a pharmacy, the mandatory tort venue statute (MCL 600.1641(2)) controls over the permissive Attorney General venue statutes, fixing venue in Ingham County as the situs of the original injury. (novelty: 2)
• 2026-06-18 — Human services: medical services; definition of kickbacks or bribes; modify. Amends sec. 4 of 1977 PA 72 (MCL 400.604).: HB6107 (introduced) would amend MCL 400.604 to modify the statutory definition of ‘kickbacks or bribes’ under 1977 PA 72. (novelty: 2)

Open questions

Related