Michigan healthcare advertising rules the checker applies

Rules for Michigan

1. CG-MIS-001 · Warns · Citation checked against stored text

   Michigan lists false or misleading advertising as an unethical business practice that is a ground for disciplinary action against a licensed health professional. Guaranteed-result and miracle-cure wording is the usual form. The statute applies to licensees and does not define the term, so this is a warning.

   Source: MCL 333.16221(d)(i) ("False or misleading advertising")

   Safer wording: Say what the treatment is and who it is for, give any outcome figure with its source and date, and say results vary by patient.

   MCL 333.16221 · Needs counsel review

2. CG-MIS-002 · Blocks approval · Citation checked against stored text

   Michigan lists dividing fees for referral of patients, or accepting kickbacks on medical or surgical services, appliances or medications purchased by or on behalf of patients, as an unethical business practice that is a ground for disciplinary action against a licensed health professional. Offering a referral fee, bonus or commission for sending patients is the plain case.

   Source: MCL 333.16221(d)(ii) ("Dividing fees for referral of patients or accepting kickbacks")

   Safer wording: Do not offer or advertise payment, commission or other value for referring patients. Marketing paid on a flat advertising fee, not on referrals, should say so and have counsel review it.

   MCL 333.16221 · Needs counsel review

3. CG-MIS-003 · Warns · Citation checked against stored text

   Michigan makes it an unfair or deceptive practice to represent that a consumer will receive goods or services free or without charge without clearly and conspicuously disclosing, with equal prominence and in immediate conjunction with the word free, the conditions, terms or prerequisites to receiving or keeping the offer. A free offer with no conditions stated in this copy is flagged.

   Source: MCL 445.903(1)(r) ("clearly and conspicuously disclosing with equal prominence in immediate conjunction with the use of those words")

   Safer wording: State the conditions of any free offer right next to the word free, in type as prominent as the offer, for example who qualifies, what must be bought or signed, and when the offer ends.

   MCL 445.903 · Needs counsel review

4. CG-MIS-004 · Warns · Citation checked against stored text

   Michigan makes it an unfair or deceptive practice to represent that goods or services have sponsorship, approval, characteristics, uses or benefits they do not have, or that a person has sponsorship, approval, status, affiliation or connection that the person does not have. Government-approved and endorsed-by claims are the usual form. The claim is only deceptive if it is untrue, so this is a warning.

   Source: MCL 445.903(1)(c) ("a person has sponsorship, approval, status, affiliation, or connection that he or she does not have")

   Safer wording: Name an approval or endorsement only if you hold it, and name the body and the date. FDA approval and Medicare coverage claims also have their own rules.

   MCL 445.903 · Needs counsel review

5. CG-MIS-005 · Warns · Citation checked against stored text

   Michigan makes it an unfair or deceptive practice to represent that a consumer will receive a rebate, discount or other benefit as an inducement for entering into a transaction, if the benefit is contingent on an event to occur after the transaction is completed. Refer-a-friend and review-for-credit offers that pay out after the sale are the usual form.

   Source: MCL 445.903(1)(w) ("if the benefit is contingent on an event to occur subsequent to the consummation of the transaction")

   Safer wording: Do not use a later event as the condition for a benefit offered to induce the purchase. Give the benefit at the time of the transaction, or state the contingency plainly and have counsel review the offer.

   MCL 445.903 · Needs counsel review