Medicaid False Claims

Criminal Law Update

People v Kanaan, DDS and Eight Mile Road Dental Clinic,278 Mich App 594; 751 NW2d 57 (2008)(april'08). Defendant dentist and clinc were convicted of 11 counts of filing false Medicaid claims under the Medicaid False Claim Act (MFCA), MCL 400.601et seq.Despite strong indications that minimal billing errors in a high volume practice could not have been intentional, the court of appeals, applying the "in favor of the prosecution" and "defer to the trial court" bromides, found sufficient convicting evidence in this bench trial. The key point was the trial court's decision to accept the testimony of the prosecution dental expert as opposed to the defense dental expert based on the failure of the defense dental expert to conduct physical examinations.