Merit Institute Merit

The Michigan Government Transparency & Performance Act (MI-GT&P)

Michigan state companion to GT&P. Extends Michigan Civil Service Commission rules (Const. Art. XI Sec. 5), Michigan FOIA (MCL 15.231 et seq.), and Michigan Medicaid False Claim Act (MCL 400.601 et seq.).

THE MICHIGAN GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (MI-GT&P)

Vehicle: State passage. Michigan Legislature, regular session. Primary referral to House / Senate Oversight / Appropriations.

SECTION 1. SHORT TITLE

This Act may be cited as the “Michigan Government Transparency & Performance Act (MI-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Michigan’s Civil Service Commission operates under Mich. Const. Art. XI Sec. 5; that the Michigan Freedom of Information Act operates under MCL 15.231 et seq.; that the State Budget Office under MCL 18.11 et seq. administers the Executive Budget; that the House and Senate Fiscal Agencies provide fiscal analysis; that Michigan does not have a general False Claims Act but recovers Medicaid fraud under the Medicaid False Claim Act, MCL 400.601 et seq.; and that the Health Care Fraud Division operates under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH MICHIGAN LAW

Sec. 101. Definitions

  1. (a) “MI-SBO” means the State Budget Office.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “MFCA” means Michigan’s Medicaid False Claim Act under MCL 400.601 et seq.

Sec. 102. Coordination with Existing Michigan Law

  1. (a) Consistent with:
  • Mich. Const. Art. XI Sec. 5 (Civil Service Commission).
  • MCL 15.231 et seq. (FOIA).
  • MCL 18.11 et seq. (State Budget Office).
  • MCL 400.601 et seq. (Medicaid False Claim Act).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) The State Budget Office shall publish the Michigan Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) House and Senate Fiscal Agency analyses shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) Consistent with Mich. Const. Art. XI Sec. 5, this Title respects the exclusive authority of the Civil Service Commission; in any statutory exceptions to classified service that the Legislature may enact, nothing shall preclude classifications with publicly posted performance standards.

TITLE IV — MICHIGAN MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Michigan does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under the Medicaid False Claim Act, MCL 400.601 et seq., and in coordination with the Health Care Fraud Division under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving MIRMC, Federal FRAC, MI-OBSA outcome data, or Medicaid-related credential claims is liable to the State under MCL 400.601 et seq.

Sec. 403. Whistleblower Award

  1. (a) Rewards under MCL 400.610a are extended to MIRMC/FRAC/OBSA claims: 15-30% of State recovery, consistent with existing distribution rules.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect 90 days following enactment.

Canonical federal version: GT&P. Other Michigan bills: MI-ACSA, MI-MEWRA, MI-AI-Workforce.