reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.585 - Office of Services to the Aging; Creation; Exercise of Powers and Functions; Appointment of Director; Exemption; Compensation; Director as Special Assistant to Governor and Liaison to Commission.

400.585 Office of services to the aging; creation; exercise of powers and functions; appointment of director; exemption; compensation; director as special assistant to governor and liaison to commission.
Sec. 5.
The office of services to the aging is created within the department of management and budget. The office shall exercise its powers and functions, including the functions of budgeting and procurement and management-related functions, as an autonomous entity, independent of the director of the department of management and budget. The governor shall appoint a director of the office by and with the advice and consent of the senate. The director shall be exempt from the state classified civil service. The director shall receive compensation as provided by the legislature. The director shall serve as a special assistant to the governor on the problems of aging and older persons. The director or a designee of the director shall serve as office liaison to the commission.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties of director of office of services to the aging to the executive director of the aging and adult services agency, and abolishment of the position of director of office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.586a - Older Persons' Shared Housing Program; Establishment; Duties of Office; Applicability of Section.

***** 400.586a THIS SECTION DOES NOT APPLY AFTER MARCH 29, 1988: See (3) of 400.586a *****
400.586a Older persons' shared housing program; establishment; duties of office; applicability of section.
Sec. 6a.
(1) There is established an older persons' shared housing program to be administered by the office. The office may contract with private or public nonprofit agencies or local governmental agencies to establish shared housing for the older persons in local areas.
(2) In administering the older persons' shared housing program, the office shall do all of the following:
(a) Develop proposed model living arrangements in which 2 or more older persons share housing and the expenses of maintaining the housing.
(b) Develop 1 or more model shared housing agreements fixing the rights and responsibilities of older persons who share housing.
(c) Communicate with landlords and housing rental businesses to encourage shared rental housing for older persons.
(d) Locate older persons who could benefit from living in shared housing arrangements, and identify areas in the state that have the greatest need for shared housing for older persons.
(e) Match older persons with homeowners, renters, or landlords and with other older persons to create shared housing arrangements.
(f) Identify impediments to the development of shared housing for older persons, including impediments resulting from zoning laws and ordinances; building, housing, and fire safety laws and ordinances; and rules, policies, and practices of state and local agencies.
(3) This section shall not apply after 3 years from its effective date.
History:
Add. 1984, Act 357, Eff. Mar. 29, 1985
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.586b - Report; Applicability of Section.

***** 400.586b THIS SECTION DOES NOT APPLY AFTER MARCH 29, 1987: See (2) of 400.586b *****
400.586b Report; applicability of section.
Sec. 6b.
(1) Within 2 years after the effective date of this section, the office shall report to the house and senate committees having jurisdiction over legislation relating to older persons. The report shall include all of the following:
(a) A summary of the proposed model living arrangements described in section 6a.
(b) The model shared housing agreements described in section 6a.
(c) An estimate of the number of older persons in the state, by county or other region, who would benefit from continuation of the older persons' shared housing program.
(d) A description of the shared housing arrangements and the number of older persons placed in those shared housing arrangements since the effective date of this section.
(e) A summary of the impediments to the development of shared housing for older persons identified pursuant to section 6a.
(2) This section shall not apply after 2 years from its effective date.
History:
Add. 1984, Act 357, Eff. Mar. 29, 1985
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.586c - Volunteer Service Credit Program.

400.586c Volunteer service credit program.
Sec. 6c.
(1) The office may establish a program in 1 or more counties under which an older person, or a person of any age who is a member of an organization that is exempt from taxation under section 501(c)(3) of the internal revenue code, 26 U.S.C. 501, may volunteer his or her time and services to an in-home service or volunteer agency that serves older persons and is approved by the office, and receive credit for providing volunteer respite services and other volunteer services. A volunteer shall not be credited with more than 10 hours of volunteer services for any week.
(2) A person who has earned volunteer service credit or a person who has had volunteer service credit designated to him or her and who needs to receive volunteer services, or whose spouse needs volunteer services, shall notify the office. If the office determines that the person needs volunteer services and is 60 years of age or older, or the person's spouse needs volunteer services and otherwise qualifies under this act, the office shall assist in arranging for the person or the person's spouse to receive those services from an in-home service or volunteer agency in the person's locality that participates in the service credit program. The receipt of volunteer services by a person who has earned volunteer service credit or who has had volunteer service credit designated to him or her shall not be based on financial need, but shall be based on the person's living situation and medical condition.
(3) In order to ensure the integrity of the service credit program, the office shall, to the extent possible, recruit and train a sufficient number of volunteers to assure their availability, on an emergency basis, to meet the needs of persons who have earned volunteer service credits under subsection (1) and who need to receive volunteer services. However, volunteer service credits have no cash value, and the state has no obligation to pay or reimburse any person for the value of his or her volunteer service credits under any circumstances.
History:
Add. 1986, Act 247, Eff. Dec. 9, 1986 ;-- Am. 1988, Act 235, Eff. Oct. 7, 1988
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.586d-400.586f - Repealed. 1988, Act 235, Eff. Apr. 1, 1990.

400.586d-400.586f Repealed. 1988, Act 235, Eff. Apr. 1, 1990.
Compiler's Notes:
The repealed sections pertained to computer-based volunteer skills bank, program sites, and grants to establish demonstration service credit programs.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.586h - Local or Regional Long-Term Care Ombudsman Programs; Requirements.

400.586h Local or regional long-term care ombudsman programs; requirements.
Sec. 6h.
The local or regional long-term care ombudsman programs established pursuant to section 6(2)(aa) shall do all of the following:
(a) Accept, investigate, verify, and work to resolve complaints, whether reported to or initiated by an ombudsman, relating to any action which may adversely affect the health, safety, welfare, and rights of a resident of a long-term care facility.
(b) Provide information about long-term care facilities, the rights of residents, sources of payment for care, and guidelines in selecting a long-term facility or other service to residents and the public.
(c) Make referrals to appropriate government and private agencies.
(d) Recruit, train, and supervise volunteers to assist ombudsmen in providing services.
(e) Educate residents and the public about abuse of long-term care residents and coordinate with licensing and enforcement agencies to assure appropriate investigation of abuse complaints and corrective actions.
(f) Assist in the development and work of resident councils when invited by residents or the long-term care facility. As used in this subdivision, "resident council" means a forum in which residents of long-term care facilities exercise their rights and communicate their views on the operations of a long-term care facility, the quality of care and life provided, and any other issue of interest to the council.
(g) Assist the state long-term care ombudsman in identifying needed regulatory changes in long-term care.
History:
Add. 1987, Act 35, Imd. Eff. May 27, 1987
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.586j - Retaliation or Discrimination as Misdemeanor; Unlawful Conduct; Fine.

400.586j Retaliation or discrimination as misdemeanor; unlawful conduct; fine.
Sec. 6j.
(1) A person who retaliates or discriminates against any of the following individuals due to that individual's registration of a complaint or assistance in the investigation of a complaint is guilty of a misdemeanor:
(a) An officer, employee, resident, or visitor to a long-term care facility.
(b) A family member or guardian of a resident in a long-term care facility.
(c) An ombudsman described by this act.
(d) A volunteer at a long-term care facility.
(2) A person who willfully does any of the following in connection with an ombudsman described by this act is subject to a fine of not more than $1,500.00:
(a) Hinders the work of an ombudsman or an ombudsman program.
(b) Refuses to comply with a lawful request of an ombudsman.
(c) Offers compensation or other promises to improperly influence the outcome of a matter being investigated by an ombudsman.
History:
Add. 1987, Act 35, Imd. Eff. May 27, 1987
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.587 - Office of Services to the Aging; Interagency Agreements.

400.587 Office of services to the aging; interagency agreements.
Sec. 7.
The office shall develop interagency agreements with departments or agencies providing services to older persons. The agreements shall specify methods of interagency planning and coordination of services. The agreements shall be renewed annually.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.587a - State Advisory Council on Mental Health and Aging; Establishment; Administration and Operation; Membership, Duties, and Operation.

400.587a State advisory council on mental health and aging; establishment; administration and operation; membership, duties, and operation.
Sec. 7a.
The state advisory council on mental health and aging is jointly established in, and shall be administered and operated jointly by, the office of services to the aging and the department of mental health. The membership, duties, and operation of the state advisory council on mental health and aging shall be as provided in section 941 of the mental health code, Act No. 258 of the Public Acts of 1974, being section 330.1941 of the Michigan Compiled Laws.
History:
Add. 1988, Act 437, Imd. Eff. Dec. 27, 1988
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.588 - Conduct of Commission Business at Public Meeting; Notice.

400.588 Conduct of commission business at public meeting; notice.
Sec. 8.
(1) The business which the commission created pursuant to this act may perform shall be conducted at a public meeting of the commission held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
(2) A writing prepared, owned, used, in the possession of, or retained by the commission, the office, or by an area agency created pursuant to this act in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of powers and duties of the office of services to the aging from the executive office of the governor to the department of community health, see E.R.O. No. 1997-5, compiled at MCL 400.224 of the Michigan Compiled Laws.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.589a - Senior Care Respite Fund; Creation; Administration; Expenditures; Money Credited to Fund; Balances Carried Over.

400.589a Senior care respite fund; creation; administration; expenditures; money credited to fund; balances carried over.
Sec. 9a.
(1) The senior care respite fund is created in the department of treasury. The fund shall be administered by the office and shall be expended only as provided in section 9b.
(2) The state treasurer shall credit to the fund all of the following:
(a) Money that descends to the state as an escheat pursuant to section 403a of the nonprofit health care corporation reform act, Act No. 350 of the Public Acts of 1980, being section 550.1403a of the Michigan Compiled Laws.
(b) Money received as a gift or donation to the fund.
(c) Money from any other source as provided by law.
(3) Any balances in the fund at the end of any fiscal year shall be carried over as a part of the fund and shall not revert to the general fund of the state.
History:
Add. 1990, Act 171, Imd. Eff. July 2, 1990
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.589b - Senior Care Respite Fund; Distribution of Money; Administrative Costs.

400.589b Senior care respite fund; distribution of money; administrative costs.
Sec. 9b.
(1) The office shall annually distribute the money in the senior care respite fund to the area agencies on aging. Each area agency on aging shall receive a minimum of $25,000.00, or a proportionate part of that amount if sufficient money is not available, with all remaining money, if any, distributed according to a formula developed by the office pursuant to rules promulgated under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, or according to the terms and conditions of the donor.
(2) Up to 1% of the fund may be used for administrative costs of the office for administering the senior care respite fund.
History:
Add. 1990, Act 171, Imd. Eff. July 2, 1990
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.590 - Proposed State Program Concerned With Providing Services to Older Persons; Review and Approval of Office; Obtaining Budget Request Relating to Programs for Older Persons.

400.590 Proposed state program concerned with providing services to older persons; review and approval of office; obtaining budget request relating to programs for older persons.
Sec. 10.
A proposed state program concerned with providing services to older persons shall be submitted to, and coordinated with, the office, and an allotment of funds for that purpose shall not be recommended to the state administrative board without the review and approval of the office. The office shall obtain from the department of management and budget a copy of any budget request relating to programs for older persons.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.591 - Rules.

400.591 Rules.
Sec. 11.
The office, in consultation with, and with the approval of, the commission, shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, for the implementation and administration of this act. A draft of the proposed rules to implement this act shall be submitted to public hearing no later than 30 days following the effective date of this act.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of powers and duties of the office of services to the aging from the executive office of the governor to the department of community health, see E.R.O. No. 1997-5, compiled at MCL 400.224 of the Michigan Compiled Laws.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
Admin Rule:
R 400.20101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.592 - Review of Functions, Responsibilities, and Performance of Office and Commission.

400.592 Review of functions, responsibilities, and performance of office and commission.
Sec. 12.
A thorough review of the functions, responsibilities, and performance of the office and commission shall be completed every 5 years after the effective date of this act.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of powers and duties of the office of services to the aging from the executive office of the governor to the department of community health, see E.R.O. No. 1997-5, compiled at MCL 400.224 of the Michigan Compiled Laws.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.593 - Transfer of Equipment, Records, and Supplies to Commission and Office.

400.593 Transfer of equipment, records, and supplies to commission and office.
Sec. 13.
The equipment, records, and supplies of the commission and office which are repealed pursuant to section 14 are transferred to the commission and office created by sections 3 and 5, respectively.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 180 of 1981 - Older Michiganians Act (400.581 - 400.594) › Section 400.594 - Repeal of MCL 400.541 to 400.553.

400.594 Repeal of MCL 400.541 to 400.553.
Sec. 14.
Act No. 146 of the Public Acts of 1975, as amended, being sections 400.541 to 400.553 of the Compiled Laws of 1970, is repealed.
History:
1981, Act 180, Imd. Eff. Dec. 15, 1981
Compiler's Notes:
For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.
Popular Name:
Act 180
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.601 - Short Title.

400.601 Short title.
Sec. 1.
This act shall be known and may be cited as "the medicaid false claim act".
History:
1977, Act 72, Imd. Eff. July 27, 1977
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.602 - Definitions.

400.602 Definitions.
Sec. 2.
As used in this act:
(a) "Benefit" means the receipt of money, goods, or anything of pecuniary value.
(b) "Claim" means any attempt to cause the department of community health to pay out sums of money under the social welfare act.
(c) "Deceptive" means making a claim or causing a claim to be made under the social welfare act that contains a statement of fact or that fails to reveal a fact, which statement or failure leads the department to believe the represented or suggested state of affair to be other than it actually is.
(d) "False" means wholly or partially untrue or deceptive.
(e) "Health facility or agency" means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(f) "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 medicaid benefit. Knowing or knowingly includes acting in deliberate ignorance of the truth or falsity of facts or acting in reckless disregard of the truth or falsity of facts. Proof of specific intent to defraud is not required.
(g) "Medicaid benefit" means a benefit paid or payable under a program for medical assistance for the medically indigent in accordance with the social welfare act.
(h) "Person" means an individual, corporation, association, partnership, or other legal entity.
(i) "Social welfare act" means the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
History:
1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.603 - Application For, or Determining Rights To, Medicaid Benefits; False Statement or False Representation of Material Facts; Concealing or Failing to Disclose Certain Events; Felony; Penalty.

400.603 Application for, or determining rights to, medicaid benefits; false statement or false representation of material facts; concealing or failing to disclose certain events; felony; penalty.
Sec. 3.
(1) A person shall not knowingly make or cause to be made a false statement or false representation of a material fact in an application for medicaid benefits.
(2) A person shall not knowingly make or cause to be made a false statement or false representation of a material fact for use in determining rights to a medicaid benefit.
(3) A person, who having knowledge of the occurrence of an event affecting his initial or continued right to receive a medicaid benefit or the initial or continued right of any other person on whose behalf he has applied for or is receiving a benefit, shall not conceal or fail to disclose that event with intent to obtain a benefit to which the person or any other person is not entitled or in an amount greater than that to which the person or any other person is entitled.
(4) A person who violates this section is guilty of a felony, punishable by imprisonment of not more than 4 years, or a fine of not more than $50,000.00, or both.
History:
1977, Act 72, Imd. Eff. July 27, 1977
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.604 - Furnishing of Goods or Services; Kickbacks or Bribes; Payments or Rebates for Referrals; Felony; Penalty.

400.604 Furnishing of goods or services; kickbacks or bribes; payments or rebates for referrals; felony; penalty.
Sec. 4.
A person who solicits, offers, 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 pursuant to a program established under Act No. 280 of the Public Acts of 1939, as amended, who makes or receives the payment, or who receives a rebate of a fee or charge for referring an individual to another person for the furnishing of the goods and services is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $30,000.00, or both.
History:
1977, Act 72, Imd. Eff. July 27, 1977
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.605 - Conditions or Operation of Institution or Facility; False Statement or False Representation of Material Fact to Qualify for Certification or Recertification; Felony; Penalty.

400.605 Conditions or operation of institution or facility; false statement or false representation of material fact to qualify for certification or recertification; felony; penalty.
Sec. 5.
(1) A person shall not knowingly and wilfully make, or induce or seek to induce the making of, a false statement or false representation of a material fact with respect to the conditions or operation of an institution or facility in order that the institution or facility may qualify, upon initial certification or upon recertification, as a hospital, skilled nursing facility, intermediate care facility, or home health agency.
(2) 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 $30,000.00, or both.
History:
1977, Act 72, Imd. Eff. July 27, 1977
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.606 - Obtaining Payment or Allowance of False Claim; Felony; Penalty.

400.606 Obtaining payment or allowance of false claim; felony; penalty.
Sec. 6.
(1) A person shall not enter into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false 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.
(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:
1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.607 - Making or Presenting False Claims or False Record or Statement; Violations as Separate Offenses; Liability of Health Facility or Agency; Violation as Felony; Penalty.

400.607 Making or presenting false claims or false record or statement; violations as separate offenses; liability of health facility or agency; violation as felony; penalty.
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, 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, 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 is a separate offense. A health facility or agency is not 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, 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 presented under the social welfare act.
(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $50,000.00, or both.
History:
1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.608 - Prosecution; Evidence; Rebuttable Presumptions.

400.608 Prosecution; evidence; rebuttable presumptions.
Sec. 8.
(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 his or her behalf, nor to show that the person had actual notice that the acts by the persons acting on his or her 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 medicaid benefit if the person's actual, facsimile, stamped, typewritten, or similar signature is used on the form required for the making of a claim for a medicaid benefit.
(3) If a claim for a medicaid 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 notified the department of social services in writing that claims for medicaid 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 official certificate of the director of social services or the director's delegate setting forth that documentary material or any compilation of documentary material is an authentic record or a compilation of the records of the medical assistance program under the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.121 of the Michigan Compiled Laws, shall create a rebuttable presumption that the record or compilation is authentic.
History:
1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 1984, Act 333, Imd. Eff. Dec. 26, 1984
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.609 - Persons Convicted 3 or More Times for Offense and Subsequently Convicted of Another Offense; Penalty.

400.609 Persons convicted 3 or more times for offense and subsequently convicted of another offense; penalty.
Sec. 9.
(1) A person who is convicted 3 or more times for an offense under this act and who is subsequently convicted of another offense under this act may be sentenced to imprisonment for a term of not more than 10 years. To be subject to punishment under this section, it is not necessary to establish that the person was indicted and convicted as a previous offender, but the increased punishment provided in this section shall be imposed in accordance with the procedure prescribed in section 13 of chapter 9 of Act No. 175 of the Public Acts of 1927, as amended, being section 769.13 of the Michigan Compiled Laws.
(2) Sentences imposed for a conviction of separate offenses under this act may run consecutively.
History:
1977, Act 72, Imd. Eff. July 27, 1977
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.610b - Recovery of Costs by Attorney General.

400.610b Recovery of costs by attorney general.
Sec. 10b.
(1) The attorney general may recover all costs this state incurs in the litigation and recovery of medicaid restitution under this act, including the cost of investigation and attorney fees. The attorney general shall retain the amount received for activities under this act, excluding amounts for restitution, court costs, and fines, not to exceed the amount of this state's funding match for the medicaid fraud control unit.
(2) The attorney general shall not retain amounts under this section until all the restitution awarded in the proceeding has been paid.
(3) Costs that the attorney general recovers in excess of the state's funding match for the medicaid fraud control unit shall be deposited in the Michigan medicaid benefits trust fund established in section 5 of the Michigan trust fund act, 2000 PA 489, MCL 12.255.
History:
Add. 2005, Act 337, Imd. Eff. Jan. 3, 2006
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.610c - Employment Action Against Employee Initiating, Assisting In, or Participating in Court Action; Prohibition; Violation; Liability of Employer.

400.610c Employment action against employee initiating, assisting in, or participating in court action; prohibition; violation; liability of employer.
Sec. 10c.
(1) An employer shall not discharge, demote, suspend, threaten, harass, or in any other manner, discriminate against an employee in the terms and conditions of employment because the employee engaged in lawful acts, including initiating, assisting in, or participating in the furtherance of an action under this act or because the employee cooperates with or assists in an investigation under this act. This prohibition does not apply to an employment action against an employee who the court finds brought a frivolous claim, as defined in section 2591 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2591; the court finds to have planned and initiated the conduct upon which the action is brought; or is convicted of criminal conduct arising from a violation of this act.
(2) An employer who violates this section is liable to the employee for all of the following:
(a) Reinstatement to the employee's position without loss of seniority.
(b) Two times the amount of lost back pay.
(c) Interest on the back pay.
(d) Compensation for any special damages.
(e) Any other relief necessary to make the employee whole.
History:
Add. 2005, Act 337, Imd. Eff. Jan. 3, 2006 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.611 - Filing and Prosecution of Action; Jurisdiction; Service of Process.

400.611 Filing and prosecution of action; jurisdiction; service of process.
Sec. 11.
(1) An action brought by the attorney general under this act may be filed in Ingham county and may be prosecuted to final judgment in satisfaction there.
(2) A person may bring a civil action under section 10a in any county in which venue is proper. If the attorney general elects to intervene under section 10a(3) or (6) and the court grants the request, upon motion by the attorney general, the court shall transfer the action to the circuit court in Ingham county.
(3) Process issued by a court in which an action is filed may be served anywhere in the state.
History:
1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 2005, Act 337, Imd. Eff. Jan. 3, 2006 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.612 - Civil Penalty for Receiving Benefit by Reason of Fraud, Making Fraudulent Statement, Knowingly Concealing Material Fact, or Engaging in Prohibited Conduct; Criminal Action Not Required.

400.612 Civil penalty for receiving benefit by reason of fraud, making fraudulent statement, knowingly concealing material fact, or engaging in prohibited conduct; criminal action not required.
Sec. 12.
(1) A person who receives a benefit that the person 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 the full amount received, and for each claim a civil penalty of not less than $5,000.00 or more than $10,000.00 plus triple the amount of damages suffered by the state as a result of the conduct by the person.
(2) A criminal action need not be brought against the person for that person to be civilly liable under this section.
History:
1977, Act 72, Imd. Eff. July 27, 1977 ;-- Am. 2008, Act 421, Imd. Eff. Jan. 6, 2009