Wednesday, January 30, 2013

Is Michigan To Have A False Claims Act?

Do mine eyes deceiveth me?  Could it be that there are people who have heeded my advice.  Is Michigan to finally have an official, living, breathing false claims act?

Will Medicaid fraud in child welfare be referred to the Attorney General?

Will Michigan have its first Qui Tam?

I quiver with anticipation.

Introduced by Rep. Kurt Heise (R) on January 22, 2013, to create a new “false claims” cause of action, in which an individual or the Attorney General could sue a person who performs one of a wide range of actions that constitute a false or fraudulent monetary claim against the state or a local government. A court would be authorized to award triple damages against the perpetrator, and the individual who brought the suit (or the Attorney General’s office) would be eligible to receive a portion of the damages.
  • Referred to the House Judiciary Committee on January 22, 2013.

Does a Michigan House Representative dare to challenge his colleagues and Governor in demanding a fully compliant state false claims act?

Well, my dear Representative Heise, allow me to tell you a story...

Michigan has a long history of allowing the filing of false claims in child welfare.  Just ask Maura Corrigan.  

Michigan just granted, by statute, civil immunity to child welfare organizations.  False claims in child welfare can never be prosecuted for contractual debarment, license revocation, let alone recovery.

In child welfare, there exists no referral process to the Attorney General Medicaid Fraud Control Unit in the suspected filings of false claims against the state.

The U.S. HHS OIG has been trying to get Michigan up to speed for some time.  Unfortunately, it just may take longer than expected, all because of that infamous middle of the night lame duck session.

Please note that Attorney General Mike cox was no longer in office at the time of generation. I called from the Congressional Office to correct the Inspector General on the seriousness of this error. I could not get too mad. She called back and was really regretful for the oversight.

Michigan has until March 31, 2013 to come into compliance.
Stay tuned.  The show is about to begin.

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