Act No. 410

Public Acts of 2004

Approved by the Governor

November 29, 2004

Filed with the Secretary of State

November 29, 2004

EFFECTIVE DATE: November 29, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Palmer, Sheen, Stahl, Hummel, Rocca, DeRossett, Richardville, Garfield, Nofs, Ward, Sak, Nitz and Mortimer

ENROLLED HOUSE BILL No. 5947

AN ACT to amend 1984 PA 323, entitled "An act to prohibit fraud in the obtaining of benefits or payments in connection with health care coverage and insurance; to prohibit kickbacks or bribes in connection with such coverage and insurance; to prohibit conspiracies in obtaining benefits or payments; to provide for certain powers and duties of certain state and local officers and agencies; to provide for and preclude certain civil actions; and to prescribe penalties," (MCL 752.1001 to 752.1011) by adding section 4b.

The People of the State of Michigan enact:

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.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5970 of the 92nd Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor