MICH.Regulation
Michigan exempts CMS model arrangements from state anti-kickback law
Gov. Gretchen Whitmer signed Senate Bill 1052 on September 21, 2026, now 2026 Public Act 97, effective immediately. It amends the Medicaid False Claim Act (MCL 400.604) so that model arrangements and model patient incentives authorized and sponsored by the federal Centers for Medicare and Medicaid Services do not constitute a kickback or bribe under Michigan's Medicaid anti-kickback provision, which otherwise carries up to four years' imprisonment or a $30,000 fine.
Enrolled text (Michigan Legislature) → · Michigan Executive Office of the Governor
Key points
- CMS-authorized and sponsored model arrangements and model patient incentives are not kickbacks or bribes under MCL 400.604.Michigan Legislature
- The underlying offence remains a felony punishable by up to four years' imprisonment, a fine of up to $30,000, or both.Michigan Legislature
- The act took immediate effect on September 21, 2026 as 2026 PA 97.Michigan Legislature
- The governor's release cites fertility preservation, travel assistance and care coordination incentives as examples the carveout protects.Michigan Executive Office of the Governor
Sources2 articles across 2 outlets
Michigan Executive Office of the Governor
Michigan Legislature
Filed under
RegulationMich.Michigan SB 1052 (2026): CMS Anti-Kickback CarveoutHealthcareRegulatoryFor practitionersFor governance