MI Court of Appeals case could have broad implications for Michiganders receiving no-fault insurance benefits
LANSING, Mich. — A case before Michigan Court of Appeals judges on Tuesday could have broad implications for Michiganders who receive medical benefits through a no-fault insurance policy, if they purchased a police and were injured before July 2021.
Under the new law, which went into effect July 2, 2021, any medical service not already covered by our Federal Medicare Act, which includes home caregivers and transportation to medical services, will not be now reimbursed by insurance companies only at 55% of what they were in 2019. The law also limits the number of hours family members can provide care to just 56 hours per week.
There are approximately 18,000 Michiganders currently receiving medical benefits from their no-fault auto policies.
The families of several crash survivors have since filed suit against their insurers, arguing that the new law should not apply to them retroactively.
The case in the Michigan Court of Appeals on Tuesday was brought by survivors Ellen Andary, of East Lansing, Philip Krueger, of Ann Arbor, and the Eisenhower Center, a brain injury rehabilitation clinic.
The rulings in this case could have broad implications for those in the state who receive no-fault benefits.
Martha Levandowski, executive director of PRCan organization focused on preserving Michigan’s no-fault auto system, told FOX 17 earlier this year that they had confirmed at least five crash survivors dead since the changes took effect.
Other supporters say at least seven survivors of the crash have since died. These people would have deteriorated after losing some access to care.
If the court decides on the side of the plaintiffs who bring the lawsuit, CPAN lawyer George Sinas, said: “They will be able to continue to receive the medical care they receive, which must be paid at the rate that the medical treatment was billed. previously, which under the old law was a reasonable fees.”
Of the new medical fee schedule and other limitations to my new law, Sinas said, “We thought from the start that it would be not only legally improper, but inhumane, cruel and truly socially immoral, to take these benefits away from the people who paid big bucks to secure them… who paid an insurance company a premium that was partly based on underwriting risks like this.
Michigan insurance industry representatives held an online press call Monday afternoon to discuss the no-fault insurance law and the case before the Court of Appeals, but a condition to participate in the call was that the media would not record it or report what was said.
They will of course be in court on Tuesday to explain their point of view.
FOX 17 will monitor viewership and provide updates as they become available.
A report, led by the Michigan Public Health Institute (MPHI) and commissioned by the Brain Injury Association of Michigan (BIAMI), was conducted between September and October 2021.
According to their findings, 1,548 accident survivors have lost access to care since the most recent part of the no-fault reform took effect in July 2021.
3,049 healthcare employees lost their jobs.
96 care companies say they are no longer able to accept patients with no-fault car insurance benefits, while 140 said they had to “significantly reduce” their services.
21 care companies had to close completely.
FOX 17 coverage of the no-fault car reform care crisis
May 17, 2021 — New law could have devastating consequences
June 2, 2021 — ‘We are paying the price with our lives’: FOX 17 extended coverage
June 9, 2021 — Hundreds of survivors protest at the Capitol
June 10, 2021 — Rep. Berman introduces bill to prevent cuts
June 23, 2021 — Lawyers gather again at the Capitol
June 26, 2021 — House approves $10 million fund
June 30, 2021 — Supporters say $25 million isn’t enough
July 7, 2021 — The family is afraid of losing their caregivers
July 23, 2021 — Suppliers begin to close
August 4, 2021 — Patients continue to lose care
September 24, 2021 — Changes Causing Chaos For Survivors
September 27, 2021 — ‘We Can’t Wait’ ArtPrize Entry Highlights Care Crisis
October 4, 2021 — Demonstration outside SML Shirkey company
October 14, 2021 — Some insurers do not follow the intent of the law
October 27, 2021 — Announcing a new set of bills
January 11, 2022— Report says no-fault reform has created a care crisis
May 18, 2022— After Clinton Co. Court Ruling, Crash Survivors Continue to Push for No-Fault Insurance Law Solution
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