reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 183 of 2013 - Student Safety Act (752.911 - 752.918) › Section 752.915 - Disclosure of Information.

752.915 Disclosure of information.
Sec. 5.
Information regarding a report or information submitted to the hotline under section 3, including any identifying information, may be disclosed as follows:
(a) By the department, law enforcement agencies, schools, and community mental health service programs, and their employees acting in the course of their duties. However, this subdivision does not allow the disclosure of information that would identify the person who submitted the report or information to the hotline under section 3. The disclosure under this subdivision is necessary for purposes of this act and necessary to address reports and information received under this act.
(b) With the permission of the individual or, if the individual is a minor, with the permission of the minor and his or her parents or guardians.
(c) Pursuant to a court order issued under section 6.
History:
2013, Act 183, Imd. Eff. Dec. 13, 2013 ;-- Am. 2020, Act 401, Imd. Eff. Jan. 4, 2021
Compiler's Notes:
Enacting section 1 of Act 183 of 2013 provides:"Enacting section 1. This act is repealed effective October 1, 2017."Enacting section 1 of Act 100 of 2017 provides:"Enacting section 1. This act is repealed effective October 1, 2021."Enacting section 1 of Act 550 of 2018 provides:"Enacting section 1. Enacting section 1 of 2013 PA 183, as amended by 2017 PA 100, is repealed."
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 183 of 2013 - Student Safety Act (752.911 - 752.918) › Section 752.917 - Student Safety Fund.

752.917 Student safety fund.
Sec. 7.
(1) The student safety fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department may expend money from the fund, on appropriation, only for 1 or more of the following purposes:
(a) To pay the costs of the department for administering this act.
(b) To pay the costs of operating the hotline under section 3.
(c) To promote public awareness of the program, including the availability of the hotline and the website operated by the department.
(6) Money must not be expended for any promotion program that includes a reference to, or the image or voice of, an elected official, appointed state employee, state employee governed by a senior executive service limited term employment agreement, or a candidate for elective office, that is targeted to a media market in this state.
History:
2013, Act 183, Imd. Eff. Dec. 13, 2013 ;-- Am. 2020, Act 401, Imd. Eff. Jan. 4, 2021
Compiler's Notes:
Enacting section 1 of Act 183 of 2013 provides:"Enacting section 1. This act is repealed effective October 1, 2017."Enacting section 1 of Act 100 of 2017 provides:"Enacting section 1. This act is repealed effective October 1, 2021."Enacting section 1 of Act 550 of 2018 provides:"Enacting section 1. Enacting section 1 of 2013 PA 183, as amended by 2017 PA 100, is repealed."
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 183 of 2013 - Student Safety Act (752.911 - 752.918) › Section 752.918 - Annual Report.

752.918 Annual report.
Sec. 8.
The department, in consultation with the department of health and human services and the department of education, shall prepare an annual report under this act. The report must be filed not later than July 31 of the year in which the report is due. Copies of the report must be filed with the governor, the secretary of the senate, the clerk of the house of representatives, the clerk of the senate standing committee on appropriations, and the clerk of the house standing committee on appropriations. The report must also be maintained on the department's website. The report must contain all of the following information:
(a) The number of reports and other information reported to the hotline under this act.
(b) The number of reports and information reported to the hotline that are forwarded to local law enforcement officials and school officials.
(c) The number of hotline reports resulting in referral to mental health services.
(d) The nature of the reports and information reported to the hotline in categories established by the department.
(e) The responses to the reports and information reported to the hotline at the local level in categories established by the department.
(f) The source of all funds deposited in the student safety fund.
(g) The itemized costs and expenditures incurred by the department in implementing this act.
(h) An analysis of the overall effectiveness of the program in addressing potential self-harm and potential harm or criminal acts directed at schools, school employees, and school students.
History:
2013, Act 183, Imd. Eff. Dec. 13, 2013 ;-- Am. 2020, Act 401, Imd. Eff. Jan. 4, 2021
Compiler's Notes:
Enacting section 1 of Act 183 of 2013 provides:"Enacting section 1. This act is repealed effective October 1, 2017."Enacting section 1 of Act 100 of 2017 provides:"Enacting section 1. This act is repealed effective October 1, 2021."Enacting section 1 of Act 550 of 2018 provides:"Enacting section 1. Enacting section 1 of 2013 PA 183, as amended by 2017 PA 100, is repealed."
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 227 of 2014 - Sexual Assault Kit Evidence Submission Act (752.931 - 752.935) › Section 752.931 - Short Title.

752.931 Short title.
Sec. 1.
This act shall be known and may be cited as the "sexual assault kit evidence submission act".
History:
2014, Act 227, Eff. Mar. 31, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 227 of 2014 - Sexual Assault Kit Evidence Submission Act (752.931 - 752.935) › Section 752.932 - Definitions.

752.932 Definitions.
Sec. 2.
As used in this act:
(a) "Accredited laboratory" means a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA identification act, 42 USC 14132, or subsequent laws.
(b) "Analyzed" means evaluating items for the presence of a body fluid, cellular material, or DNA followed by the testing of suitable items at forensic DNA regions for comparison purposes.
(c) "Department" means the department of state police, including its forensic science division.
(d) "Health care facility" includes a hospital, clinic, or urgent care center that is regulated under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, and any other facility that is authorized to provide sexual assault medical forensic exams under that act.
(e) "Law enforcement agency" means the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.
(f) "Sexual assault kit evidence" means evidence collected from the administration of a sexual assault evidence kit under section 21527 of the public health code, 1978 PA 368, MCL 333.21527.
(g) "Sexual assault evidence kit" means that term as defined in section 21527 of the public health code, 1978 PA 368, MCL 333.21527.
(h) "Sexual assault offense" means a violation or attempted violation of sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g.
(i) "Victim" means, for the purposes of making communications and receiving notices under this act, an individual who was subjected to a sexual assault offense.
History:
2014, Act 227, Eff. Mar. 31, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 227 of 2014 - Sexual Assault Kit Evidence Submission Act (752.931 - 752.935) › Section 752.933 - Release of Sexual Assault Kit Evidence; Consent; Notice to Law Enforcement Agency; Storage Policy.

752.933 Release of sexual assault kit evidence; consent; notice to law enforcement agency; storage policy.
Sec. 3.
(1) A health care facility that has obtained written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency having jurisdiction in that portion of the local unit of government in which the medical facility is located of that fact within 24 hours after obtaining that consent.
(2) A health care facility that has not obtained written consent to release any sexual assault kit evidence shall inform the individual from whom sexual assault kit evidence was obtained of its sexual assault kit evidence storage policy. The information provided under this subsection shall include a statement of the period for which that evidence will be stored before it is destroyed and how the individual can have the evidence released to the investigating law enforcement agency at a later date. Any sexual assault kit evidence that is not released to a law enforcement agency under this section shall be stored for a minimum of 1 year before it is destroyed.
History:
2014, Act 227, Eff. Mar. 31, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 227 of 2014 - Sexual Assault Kit Evidence Submission Act (752.931 - 752.935) › Section 752.935 - Destruction or Disposal of Sexual Assault Kit Evidence; Notice to Victim.

752.935 Destruction or disposal of sexual assault kit evidence; notice to victim.
Sec. 5.
If a law enforcement agency intends to destroy or otherwise dispose of any sexual assault kit evidence in a sexual assault offense case before the expiration for the limitation period applicable under section 24 of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.24, and its destruction does not otherwise conflict with the requirements of section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16, the law enforcement agency with the primary responsibility for investigating the case shall notify the victim of that intention in writing at least 60 days before the evidence is destroyed or otherwise disposed of.
History:
2014, Act 227, Eff. Mar. 31, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.951 - Short Title.

752.951 Short title.
Sec. 1.
This act shall be known and may be cited as the "sexual assault victim's access to justice act".
History:
2014, Act 319, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.952 - Definitions.

752.952 Definitions.
Sec. 2.
As used in this act:
(a) "Forensic laboratory" means a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA identification act, 42 USC 14132, or subsequent laws.
(b) "Investigating law enforcement agency" means the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. Investigating law enforcement agency includes a law enforcement agency of a community college or university if that law enforcement agency of a community college or university is responsible for collecting sexual assault evidence.
(c) "Law enforcement agency" means the local, county, or state law enforcement agency and includes the employees of that agency. Law enforcement agency includes a law enforcement agency of a community college or university.
(d) "Sexual assault evidence kit" means that term as defined in section 21527 of the public health code, 1978 PA 368, MCL 333.21527.
(e) "Sexual assault offense" means a violation or attempted violation of sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g.
(f) "Sexual assault victim" means an individual subjected to a sexual assault offense and, for the purposes of making communications and receiving notices under this act, a person designated by the sexual assault victim under section 4.
History:
2014, Act 319, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.953 - Information and Notice to Be Provided to Sexual Assault Victim.

752.953 Information and notice to be provided to sexual assault victim.
Sec. 3.
(1) Within 24 hours after the initial contact between a sexual assault victim and the investigating law enforcement agency, that investigating law enforcement agency shall give the sexual assault victim a written copy of, or access to, the following information:
(a) Contact information for a local community-based sexual assault services program, if available.
(b) Notice that he or she can have a sexual assault evidence kit administered and that he or she cannot be billed for this examination as provided in section 5a of 1976 PA 223, MCL 18.355a.
(c) Notice that he or she may choose to have a sexual assault evidence kit administered without being required to participate in the criminal justice system or cooperate with law enforcement as provided in section 5a of 1976 PA 223, MCL 18.355a.
(d) Notice of the right to request information under sections 5 and 6.
(e) Notice of the right to request a personal protection order as provided in section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
(2) The information and notice provided under subsection (1) shall also include the notice required under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(3) The Michigan domestic and sexual violence prevention and treatment board, in consultation with law enforcement, shall develop a sample notice card for sexual assault victims. The card shall be made available electronically to Michigan law enforcement agencies no later than June 30, 2015.
(4) Beginning not later than September 30, 2015, law enforcement agencies shall provide sexual assault victims with the information required in subsection (1).
History:
2014, Act 319, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.954 - Sexual Assault Victim's Request for Information; Requirements.

752.954 Sexual assault victim's request for information; requirements.
Sec. 4.
(1) When a sexual assault victim requests information from an investigating law enforcement agency under section 5 or 6, the law enforcement agency shall respond by telephone, in writing mailed to the sexual assault victim, or by electronic mail, as specified by the sexual assault victim. If the sexual assault victim is a program participant who requests that the information be mailed to his or her address designated by the department of the attorney general, the law enforcement agency shall respond in writing mailed to the sexual assault victim at that address. If the victim does not specify, the law enforcement agency may respond using any of the methods described in this subsection. If new or updated information becomes available after a response is given to a sexual assault victim's request, the law enforcement agency may, but is not required to, provide the new or updated information to the sexual assault victim in the absence of a new request from him or her.
(2) This section does not require the law enforcement agency to communicate with the sexual assault victim regarding information if he or she does not specifically make a request to the law enforcement agency.
(3) A sexual assault victim may designate an alternative person to receive the information requested by the sexual assault victim, and the law enforcement agency shall then direct any information to that designated person.
(4) To receive information under this section, the sexual assault victim shall provide the law enforcement agency with the name, address, telephone number, and electronic mail address of the person to whom the information should be provided.
(5) The law enforcement agency may require a sexual assault victim's request for information under this section to be in writing. If a sexual assault victim has submitted a written request for information, subsequent requests for updated information are not required to be in writing.
(6) As used in subsection (1), "program participant" means that term as defined in section 3 of the address confidentiality program act.
History:
2014, Act 319, Eff. Apr. 1, 2015 ;-- Am. 2020, Act 274, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.955 - Information Provided to Sexual Assault Victim.

752.955 Information provided to sexual assault victim.
Sec. 5.
Upon request by a sexual assault victim to the investigating law enforcement agency, the sexual assault victim shall be provided with the following information if available and if the disclosure does not impede or compromise an ongoing investigation:
(a) The contact information for the officer investigating the case.
(b) The current status of the case.
(c) Whether the case has been submitted to the office of the prosecuting attorney for review.
(d) If the case has been closed and the documented reason for closure.
History:
2014, Act 319, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.956 - Information About Forensic Testing Results; Providing Copy to Sexual Assault Victim; Informational Handout.

752.956 Information about forensic testing results; providing copy to sexual assault victim; informational handout.
Sec. 6.
(1) Upon request by a sexual assault victim to the investigating law enforcement agency for information about DNA testing results, the sexual assault victim shall be provided with the following information if available and if the disclosure does not impede or compromise an ongoing investigation:
(a) When the sexual assault evidence kit was submitted to the forensic laboratory.
(b) Whether a DNA profile of a suspect was obtained from the processing of evidence in the sexual assault case.
(c) Whether a DNA profile of a suspect has been entered into any data bank designed or intended to be used for the retention or comparison of case evidence.
(d) Whether there is a match between the DNA profile of a suspect obtained in the sexual assault case to any DNA profile contained in any data bank designed or intended to be used for the retention or comparison of case evidence.
(2) If a sexual assault victim is provided with information about forensic testing results, he or she shall also be provided with a copy of, or access to, the information handout described in subsection (3).
(3) No later than September 30, 2015, the Michigan domestic and sexual violence prevention and treatment board, in consultation with the department of state police, shall develop an informational handout for sexual assault victims that explains the meaning of possible forensic testing results. The informational handout shall be made available electronically to Michigan law enforcement agencies.
History:
2014, Act 319, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 319 of 2014 - Sexual Assault Victim's Access to Justice Act (752.951 - 752.957) › Section 752.957 - Cause of Action for Monetary Damages.

752.957 Cause of action for monetary damages.
Sec. 7.
This act does not create a cause of action for monetary damages against the state, a county, a municipality, or any of their agencies, instrumentalities, or employees.
History:
2014, Act 319, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 318 of 2014 - Sexual Assault Evidence Kit Tracking and Reporting (752.961 - 752.962) › Section 752.961 - Definitions.

752.961 Definitions.
Sec. 1.
As used in this act:
(a) "Commission" means the sexual assault evidence kit tracking and reporting commission created in section 2.
(b) "Michigan domestic and sexual violence prevention and treatment board" means the Michigan domestic and sexual violence prevention and treatment board created under EO 2012-17.
(c) "Sexual assault evidence kit" means that term as defined in section 21527 of the public health code, 1978 PA 368, MCL 333.21527.
History:
2014, Act 318, Eff. Jan. 1, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 325 of 2014 - Human Trafficking Commission Act (752.971 - 752.975) › Section 752.971 - Short Title.

752.971 Short title.
Sec. 1.
This act shall be known and may be cited as the "human trafficking commission act".
History:
2014, Act 325, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 325 of 2014 - Human Trafficking Commission Act (752.971 - 752.975) › Section 752.972 - Definitions.

752.972 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the human trafficking commission established in section 3.
(b) "Human trafficking" means a violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
History:
2014, Act 325, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 325 of 2014 - Human Trafficking Commission Act (752.971 - 752.975) › Section 752.974 - Commission; Duties.

752.974 Commission; duties.
Sec. 4.
The commission shall do all of the following subject to funding:
(a) Identify sources for grants that will assist in examining and countering human trafficking in this state, and apply for those grants when appropriate.
(b) Fund research programs to determine the extent and nature of human trafficking in this state.
(c) Provide information and training regarding human trafficking to police officers, prosecutors, court personnel, health care providers, social services personnel, and other individuals the commission considers appropriate.
(d) Collect and analyze information regarding human trafficking in this state.
(e) Identify state and local agencies within this state and other states, as well as within the federal government, that are involved with issues relating to human trafficking, and coordinate the dissemination of information regarding human trafficking in this state to those agencies.
(f) Review the existing services available to assist victims of human trafficking, including crime victim assistance, health care, and legal assistance, and establish a program to make those victims better aware of the services that are available to them.
(g) Establish a program to improve public awareness of human trafficking.
(h) Review existing state laws and administrative rules relating to human trafficking and make recommendations to the legislature to improve those laws and rules to address human trafficking violations in this state.
(i) File an annual report with the governor, the secretary of the senate, and the clerk of the house of representatives regarding its activities under this act. The report shall be filed not later than February 1 of the year following the year for which the report is due.
History:
2014, Act 325, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 325 of 2014 - Human Trafficking Commission Act (752.971 - 752.975) › Section 752.975 - Human Trafficking Commission Fund; Creation; Administration; Deposit of Money or Other Assets; Investment; Interest and Earnings; Work Project; Money in Fund at Close of Fiscal Year.

752.975 Human trafficking commission fund; creation; administration; deposit of money or other assets; investment; interest and earnings; work project; money in fund at close of fiscal year.
Sec. 5.
(1) The human trafficking commission fund is created within the department of treasury. The fund shall be administered by the department of attorney general.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the human trafficking commission fund shall be expended only upon appropriation and only in a manner to carry out the purposes set forth in this act. Money in the fund at the close of the fiscal year is considered a work project, shall remain in the fund, and shall not lapse to the general fund.
History:
2014, Act 325, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 339 of 2014 - Human Trafficking Victims Compensation Act (752.981 - 752.985) › Section 752.981 - Short Title.

752.981 Short title.
Sec. 1.
This act shall be known and may be cited as the "human trafficking victims compensation act".
History:
2014, Act 339, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 339 of 2014 - Human Trafficking Victims Compensation Act (752.981 - 752.985) › Section 752.982 - "Victim" Defined.

752.982 "Victim" defined.
Sec. 2.
As used in this act, "victim" means a victim of a violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
History:
2014, Act 339, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 339 of 2014 - Human Trafficking Victims Compensation Act (752.981 - 752.985) › Section 752.983 - Violation of MCL 750.462a to 750.462h; Liability to Victim; Damages.

752.983 Violation of MCL 750.462a to 750.462h; liability to victim; damages.
Sec. 3.
(1) A person who violates chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, is liable to the victim of the violation for economic and noneconomic damages that result from the violation, including, but not limited to, all of the following:
(a) Physical pain and suffering.
(b) Mental anguish.
(c) Fright and shock.
(d) Denial of social pleasure and enjoyments.
(e) Embarrassment, humiliation, or mortification.
(f) Disability.
(g) Disfigurement.
(h) Aggravation of a preexisting ailment or condition.
(i) Reasonable expenses of necessary medical or psychological care, treatment, and services.
(j) Loss of earnings or earning capacity.
(k) Damage to property.
(l) Any other necessary and reasonable expense incurred as a result of the violation.
(2) A victim is entitled to damages under subsection (1) to the extent the victim has sustained the damages, regardless of whether the victim suffered any physical injury as a result of the violation.
(3) A victim is entitled to damages under subsection (1) regardless of whether the damages sustained were foreseeable to the violator.
(4) A victim is entitled to damages under subsection (1) regardless of whether the violator was charged with or convicted of a violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
History:
2014, Act 339, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 339 of 2014 - Human Trafficking Victims Compensation Act (752.981 - 752.985) › Section 752.984 - Action to Recover Damages; Statute of Limitations.

752.984 Action to recover damages; statute of limitations.
Sec. 4.
An action to recover damages under section 3 must be filed within 3 years after the last violation that is the subject of the action occurred.
History:
2014, Act 339, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 339 of 2014 - Human Trafficking Victims Compensation Act (752.981 - 752.985) › Section 752.985 - Recovery of Damages Under Other Laws.

752.985 Recovery of damages under other laws.
Sec. 5.
This act does not affect any right that a victim has to recover damages under other law.
History:
2014, Act 339, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 461 of 2014 - Human Trafficking Health Advisory Board Act (752.991 - 752.994) › Section 752.991 - Short Title.

752.991 Short title.
Sec. 1.
This act shall be known and may be cited as the "human trafficking health advisory board act".
History:
2014, Act 461, Eff. Jan. 14, 2015
Compiler's Notes:
For transfer of human trafficking health advisory board from department of community health to department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 461 of 2014 - Human Trafficking Health Advisory Board Act (752.991 - 752.994) › Section 752.992 - Definitions.

752.992 Definitions.
Sec. 2.
As used in this act:
(a) "Board" means the human trafficking health advisory board created in section 3.
(b) "Human trafficking" means a violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
History:
2014, Act 461, Eff. Jan. 14, 2015
Compiler's Notes:
For transfer of human trafficking health advisory board from department of community health to department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 461 of 2014 - Human Trafficking Health Advisory Board Act (752.991 - 752.994) › Section 752.994 - Duties of Board.

752.994 Duties of board.
Sec. 4.
The board shall do all of the following:
(a) Collect and analyze information concerning medical and mental health services available to survivors of human trafficking in this state.
(b) Identify state and local agencies within this state and other states, as well as within the federal government, that are involved with issues relating to human trafficking, and coordinate the dissemination of information concerning medical and mental health services available to survivors of human trafficking in this state.
(c) Meet annually with local health agencies to review the existing medical and mental health services available to assist survivors of human trafficking and establish a program to make those survivors better aware of the services that are available to them.
(d) Establish a program to improve public awareness of medical and mental health services available to survivors of human trafficking in this state.
(e) Review existing state laws and administrative rules relating to medical and mental health policies affecting survivors of human trafficking and make recommendations to the legislature and state agencies to improve those laws and rules to address medical and mental health services available to survivors of human trafficking in this state.
(f) File an annual report with the chairs of the committees concerned with health policy of the senate and the house of representatives regarding its activities under this act. The report shall be filed not later than February 1 of each year.
History:
2014, Act 461, Eff. Jan. 14, 2015
Compiler's Notes:
For transfer of human trafficking health advisory board from department of community health to department of health and human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1001 - Short Title.

752.1001 Short title.
Sec. 1.
This act shall be known and may be cited as "the health care false claim act".
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1002 - Definitions.

752.1002 Definitions.
Sec. 2.
As used in this act:
(a) "Claim" means any attempt to cause a health care corporation or health care insurer to make the payment of a health care benefit.
(b) "Deceptive" means making a claim to a health care corporation or health care insurer which contains a statement of fact or which fails to reveal a material fact, which statement or failure leads the health care corporation or health care insurer to believe the represented or suggested state of affair to be other than it actually is.
(c) "False" means wholly or partially untrue or deceptive.
(d) "Health care benefit" means the right under a contract or a certificate or policy of insurance to have a payment made by a health care corporation or health care insurer for a specified health care service.
(e) "Health care corporation" means a nonprofit dental care corporation incorporated under Act No. 125 of the Public Acts of 1963, being sections 550.351 to 550.373 of the Michigan Compiled Laws; a hospital service corporation, medical care corporation, or a consolidated hospital service corporation and medical care corporation incorporated or reincorporated under Act No. 350 of the Public Acts of 1980, being sections 550.1101 to 550.1704 of the Michigan Compiled Laws, or incorporated or consolidated under Act No. 108 or 109 of the Public Acts of 1939; or a health maintenance organization licensed under Act No. 368 of the Public Acts of 1978, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws.
(f) "Health care insurer" means any insurance company authorized to provide health insurance in this state or any legal entity which is self-insured and providing health care benefits to its employees.
(g) "Health facility or agency" means a health facility or agency, as defined in section 20106 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.20106 of the Michigan Compiled Laws.
(h) "Knowing" and "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 payment of a health care benefit. "Knowing" or "knowingly" does not include conduct which is an error or mistake unless the person's course of conduct indicates a systematic or persistent tendency to cause inaccuracies to be present.
(i) "Person" means an individual, corporation, partnership, association, or any other legal entity.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 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.

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
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1004 - Kickbacks, Bribes, or Rebates as Felony; Penalty.

752.1004 Kickbacks, bribes, or rebates as felony; penalty.
Sec. 4.
A person who solicits, offers, pays, or receives a kickback or bribe in connection with the furnishing of goods or services for which payment is or may be made in whole or in part by a health care corporation or health care insurer, or who receives a rebate of a fee or charge for referring an individual to another person for the furnishing of health care benefits, 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.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1004a - Violation of MCL 752.1004; Exceptions; Cost-Sharing Requirements Not Altered; Definitions.

752.1004a Violation of MCL 752.1004; exceptions; cost-sharing requirements not altered; definitions.
Sec. 4a.
(1) Neither of the following violates section 4:
(a) A rebate or discount from a drug manufacturer or from a company that licenses or distributes the drugs of a drug manufacturer to or for the benefit of a consumer for the administration or the consumer's use of a drug manufactured or licensed or distributed by the drug manufacturer or company, including for consumer cost-sharing requirements for the administration or drug. As used in this subdivision, "administration" means injection, infusion, or similar means of application.
(b) A monetary payment from a drug manufacturer to a consumer, the consumer's health professional, or a vendor that has a contract with the drug manufacturer, for a health care service that the prescribing information of a qualified drug requires or recommends for initiating drug therapy.
(2) This section does not alter any copayment, deductible, coinsurance, or other cost-sharing requirements under a contract, certificate, or policy issued by a health care corporation or health care insurer.
(3) As used in this section:
(a) "Consumer's health professional" means a health professional who did not prescribe the qualified drug or who does not have a financial relationship to the health professional who prescribed the qualified drug.
(b) "Health care service" means any of the following:
(i) Monitoring for bradycardia or atrioventricular conduction.
(ii) Monitoring blood pressure.
(iii) An electrocardiogram.
(iv) A cardiac evaluation by a physician.
(v) A complete blood count test.
(vi) A liver function test.
(vii) An eye examination for macular edema.
(viii) A pulmonary function test, if clinically indicated.
(ix) A vaccination.
(x) An additional service included in the prescribing information by the United States Food and Drug Administration.
(c) "Health professional" means an individual who is licensed or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(d) "Physician" means an individual licensed or otherwise authorized to engage in the practice of medicine under part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097, or to engage in the practice of osteopathic medicine and surgery under part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556.
(e) "Qualified drug" means a drug that has a United States Food and Drug Administration approved indication to treat multiple sclerosis.
History:
Add. 2004, Act 411, Imd. Eff. Nov. 29, 2004 ;-- Am. 2016, Act 80, Eff. July 11, 2016 ;-- Am. 2020, Act 317, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1004b - Rebate or Discount From Medical Supply or Device Manufacturer; Use; Effect.

752.1004b Rebate or discount from medical supply or device manufacturer; use; effect.
Sec. 4b.
(1) A rebate or discount from a medical supply or device manufacturer or from a company that licenses or distributes medical supplies or devices for a medical supply or device manufacturer to a consumer for that consumer's use of a medical supply or device manufactured or licensed or distributed by that manufacturer or company does not violate section 4.
(2) This section does not alter any copayment, deductible, coinsurance, or other cost-sharing requirements under a contract, certificate, or policy issued by a health care corporation or health care insurer.
History:
Add. 2004, Act 410, Imd. Eff. Nov. 29, 2004
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1005 - Agreement, Combination, or Conspiracy to Defraud as Felony; Penalty.

752.1005 Agreement, combination, or conspiracy to defraud as felony; penalty.
Sec. 5.
(1) A person shall not enter into an agreement, combination, or conspiracy to defraud a health care corporation or health care insurer by making or presenting, or aiding another to make or present a false claim for payment of health care benefits.
(2) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 10 years, or by a fine of not more than $50,000.00, or both.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1006 - Second or Subsequent Offense; Penalty.

752.1006 Second or subsequent offense; penalty.
Sec. 6.
A person who is convicted of a second or subsequent offense under this act may be sentenced to imprisonment for a term of not more than twice the term otherwise authorized, or fined an amount not more than twice the amount otherwise authorized, or both.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1007 - Evidence; Rebuttable Presumptions.

752.1007 Evidence; rebuttable presumptions.
Sec. 7.
(1) In a prosecution under this act, it shall not be necessary to show that the person had knowledge of similar acts having been performed in the past by a person acting on the person's behalf, nor to show that the person had actual notice that the acts by the persons acting on the person's behalf occurred, to establish the fact that a false statement or representation was knowingly made.
(2) It shall be a rebuttable presumption that a person knowingly made a claim for a health care benefit if the person's actual, facsimile, stamped, typewritten, or similar signature is used on the form required for the making of the claim for the health care benefit.
(3) If a claim for a health care benefit is made by means of computer billing tapes or other electronic means, it shall be a rebuttable presumption that the person knowingly made the claim if the person has advised the health care corporation or health care insurer in writing that claims for health care benefits will be submitted by use of computer billing tapes or other electronic means.
(4) In any civil or criminal action under this act the certificate of an authorized agent of the health care corporation or health care insurer setting forth that documentary material or any compilation thereof is an authentic record or compilation of records of the health care corporation or health care insurer shall create a rebuttable presumption that the record or compilation is authentic.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1008a - Person Not Subject to Civil Liability.

752.1008a Person not subject to civil liability.
Sec. 8a.
If acting in good faith, a person is not subject to civil liability for providing information, investigating, or cooperating with an investigation or examination under this act.
History:
Add. 1996, Act 229, Imd. Eff. June 5, 1996
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1009 - Liability of Person to Health Care Corporation or Health Care Insurer.

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
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1010 - Restitution.

752.1010 Restitution.
Sec. 10.
Any person convicted of a violation of section 3, 4, or 5, in addition to any fines or sentences imposed, including any order of probation, may be ordered to make restitution to a health care corporation or health care insurer.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 323 of 1984 - The Health Care False Claim Act (752.1001 - 752.1011) › Section 752.1011 - Prosecution or Civil Action for Violation of Other Laws.

752.1011 Prosecution or civil action for violation of other laws.
Sec. 11.
This act shall not be construed to prohibit or limit a prosecution of or civil action against a person for the violation of any other law of this state.
History:
1984, Act 323, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 270 of 1992 - Assistance to Suicide (752.1021 - 752.1027) › Section 752.1021 - Legislative Findings; Effective Date of Section.

752.1021 Legislative findings; effective date of section.
Sec. 1.
(1) The legislature finds that the voluntary self-termination of human life, with or without assistance, raises serious ethical and public health questions in the state. To study this problem and to develop recommendations for legislation, the Michigan commission on death and dying is created.
(2) This section shall take effect February 25, 1993.
History:
1992, Act 270, Eff. Mar. 31, 1993 ;-- Am. 1993, Act 3, Imd. Eff. Feb. 25, 1993