Bill Text: MI HB5332 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Insurance; no-fault; procedures for independent medical examinations; revise. Amends sec. 3151 of 1956 PA 218 (MCL 500.3151).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-16 - Bill Electronically Reproduced 01/16/2020 [HB5332 Detail]
Download: Michigan-2019-HB5332-Introduced.html
HOUSE BILL NO. 5332
January 15, 2020, Introduced by Rep. Wozniak
and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3151 (MCL 500.3151), as amended by 2019 PA 22.
the people of the state of michigan enact:
Sec. 3151. (1) If the mental or physical condition of
a person is material to a claim that has been or may be made for past or future
personal protection insurance benefits, at the request of an insurer and on a showing of good cause to a court, the
person shall submit to mental or physical examination by physicians. A personal
protection insurer may include reasonable provisions that are in accord with
this section in a personal protection insurance policy for mental and physical
examination of persons claiming personal protection insurance benefits.
(2) A physician who
conducts a mental or physical examination under this section must be licensed
as a physician in this state or another state and meet the following criteria,
as applicable:
(a) If care is being
provided to the person to be examined by a specialist, the examining physician
must specialize in the same specialty as the physician providing the care, and
if the physician providing the care is board certified in the specialty, the
examining physician must be board certified in that specialty.
(b) During the year
immediately preceding the examination, the examining physician must have
devoted a majority of his or her professional time to either or both of the
following:
(i) The active clinical practice of medicine and, if
subdivision (a) applies, the active clinical practice relevant to the
specialty.
(ii) The instruction
of students in an accredited medical school or in an accredited residency or
clinical research program for physicians and, if subdivision (a) applies, the
instruction of students is in the specialty.
(3) The
insurer that requests or physician who conducts an examination under this
section shall provide a statement of how the physician meets the requirements
of subsection (2) to the person examined.
(4) A
physician who conducts an examination under this section shall provide to the
person examined or the person's attorney a list of all other cases in which,
during the previous 4 years, the physician has testified as an expert at trial
or by deposition and statements of the compensation the physician received in
connection with those cases, and the compensation to be paid the physician for
the examination and any testimony.
(5) A
physician who conducts an examination under this section, or any entity through
which the physician offers his or her services, shall not charge more than the
following percentage of the average amount that the physician charged, or
entity charged for the physician, for an equivalent examination on January 1,
2019:
(a) For an
examination conducted before July 2, 2020, 55%.
(b) For an
examination conducted after July 1, 2020 and before July 2, 2021, 54%.
(c) For an
examination conducted after July 1, 2021 and before July 2, 2022, 52.5%.
(6) A
person being examined under this section may elect either or both of the
following:
(a) That
the examination be recorded by either audio or audio-visual means.
(b) That
the person have an attorney or other individual present at the examination.
