Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

Order 

March 27, 2019

158013

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 158013

COA: 336673

Ingham CC: 15-000754-FH

XUN WANG,

Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the May 10, 2018 

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral 

argument on the application. MCR 7.305(H)(1). The appellant shall file a supplemental 

brief within 42 days of the date of this order addressing: (1) whether the statutory 

exception in MCL 333.16294 is an element of the offense for which the prosecutor has 

the burden of proof, see People v Rios, 386 Mich 172 (1971); but see People v Langlois, 

325 Mich App 236 (2018); (2) if the statutory exception is an element of the offense, 

whether the Court of Appeals erred in holding that the evidence was sufficient to sustain 

the defendant’s conviction under MCL 333.16294 and specifically, whether the Court of 

Appeals erred in concluding that the defendant’s actions were consistent with the practice 

of medicine and therefore could not be delegated to her under MCL 333.16215; and (3) if 

the statutory exception is not an element of the offense, whether defense counsel was 

ineffective for failing to raise a delegation defense and bring the relevant statutory 

provisions to the trial court’s attention. In addition, the appellant shall address whether 

the evidence was sufficient to sustain the defendant’s convictions under MCL 

400.607(1), and specifically whether the evidence was sufficient to show that the 

defendant was in possession of facts under which she was aware or should have been 

aware that her conduct was substantially certain to cause the payment of a Medicaid 

benefit. See MCL 400.602(f).

In addition to the brief, the appellant shall electronically file an appendix 

conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the 

appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a 

supplemental brief within 21 days of being served with the appellant’s brief. The 

appellee shall also electronically file an appendix, or in the alternative, stipulate to the use 

of the appendix filed by the appellant. A reply, if any, must be filed by the appellant 

within 14 days of being served with the appellee’s brief. The parties should not submit 

mere restatements of their application papers.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 March 27, 2019 

a0320

2

Clerk

The Prosecuting Attorneys Association of Michigan, the Criminal Defense 

Attorneys of Michigan, the Michigan Health & Hospital Association, the Michigan 

Osteopathic Association, and the Michigan State Medical Society are invited to file briefs 

amicus curiae. Other persons or groups interested in the determination of the issues 

presented in this case may move the Court for permission to file briefs amicus curiae.