Bill Text: MI HB5108 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Insurance; no-fault; personal protection benefits; enact requirements for attendant care. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding secs. 3107c & 3107d.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-10-17 - Bill Electronically Reproduced 10/12/2017 [HB5108 Detail]
Download: Michigan-2017-HB5108-Introduced.html
HOUSE BILL No. 5108
October 12, 2017, Introduced by Reps. Frederick, Canfield, Marino, Lasinski, LaGrand, Moss, Brinks, Camilleri, Wittenberg, Chang, Ellison, Green, Sabo, Liberati, Sowerby, Sneller, Pagan, Faris, Byrd, Scott, Hammoud, Geiss, Elder, Greimel, Hertel, Yanez, Robinson, Gay-Dagnogo and Jones and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
(MCL 500.100 to 500.8302) by adding sections 3107c and 3107d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3107c. (1) Except as otherwise provided in this section,
payment for allowable expenses under section 3107(1)(a) for
attendant care provided in the home by a family or household member
is limited to $15.00 per hour, unless the injured person has a
spinal cord injury or closed head injury or a licensed allopathic
or osteopathic physician who regularly diagnoses or treats brain
injury has stated under oath that the injured person may have a
serious neurological injury. Beginning 3 years after the effective
date of the amendatory act that added this section and every 3
years after that date, the director shall adjust this amount to
reflect the aggregate percentage change in the United States
Consumer Price Index, rounded to the nearest 10 cents.
(2) Except as otherwise provided in this section, payment for
allowable expenses under section 3107(1)(a) for attendant care
provided in the home by someone other than a family or household
member is limited to a total of 24 hours per day for services
performed by 1 or more individuals.
(3) Except as otherwise provided in subsection (4), (5), or
(6), payment for attendant care provided by a family or household
member and someone other than a family or household member is
cumulatively limited to 24 hours per day.
(4) The limitations in subsections (1) to (3) do not apply if
the family or household member is licensed or otherwise authorized
to render the attendant care under part 170, 172, 175, 178, 183, or
187 of the public health code of 1978, 1978 PA 368, MCL 333.17001
to 333.17084, 333.17201 to 333.17242, 333.17501 to 333.17556,
333.17801 to 333.17827, 333.18301 to 333.18315, and 333.18701 to
333.18713, or is employed by an individual or agency rendering the
care.
(5) Notwithstanding the limitations in this section, an
insurer or the catastrophic claims association created under
section 3104 may contract with a family or household member to
provide attendant care as an allowable expense at any rate and for
any number of hours per week.
(6) An injured person or the injured person's representative
may request a medical review to review the limitations in this
section. If the medical review determines that the injured person
requires attendant care that exceeds the limitations in this
section to provide adequate treatment, the additional care is an
allowable expense under section 3107(1)(a).
(7) This section applies to a claim for accidental bodily
injury that arises from an accident that occurs after December 31,
2017.
Sec. 3107d. An insurer may contract with a person to perform
services on behalf of the insurer for the provision of products,
services, or other accommodations and the payment of expenses,
which may be paid prospectively and in advance by the insurer.
Regardless of the terms of any contract entered into and any
failure by the contractor to perform under the contract, the
insurer remains liable for payments of benefits required under this
chapter and the injured person retains the right to choose his or
her own provider of products, services, and accommodations.
