Fixing No Fault Will Save Lives
It is time to fix No-Fault for all catastrophically auto crash survivors, no matter when they were injured. Together we can help spread the stories of those affected by Auto No-Fault and urge legislators to help these families get the care they need. Read the below information about fixing no fault and the difficult challenges the 2019 law is having on Michigan families.
MHHA’s President & CEO Barry Cargill’s Detroit Letter to the Editor
Important Update - August 10, 2023
August 10, 2023 Update
The Michigan Supreme Court recently ruled benefit caps in Michigan’s June 11, 2019 auto no-fault law does not apply to catastrophic auto crash survivors who were covered under their own no-fault insurance policies and injured before the law passed.
Home care providers say the ruling is a relief but it still leaves auto crash survivors injured after June 11, 2019 without care. The narrow Andary ruling requires the legislature to follow up.
The Michigan HomeCare and Hospice Association (MHHA) is urging the Michigan Legislature to make it a top priority when they return to Lansing to fix the reform law to provide care for all catastrophic crash survivors, including future survivors. There is bipartisan support in the legislature.
MHHA would like to see a reasonable reimbursement and fee schedule, as well as amendments to the utilization review through the Department of Insurance and Financial Services (DIFS) to ensure home care companies are receiving adequate payment.
A legislative priority needs to be on resolving auto no fault provider reimbursement for catastrophic auto crash survivors. There is bipartisan support to correct reimbursement for home and attendant care services that will save lives and jobs.
The Michigan Supreme Court recently substantially supported the Michigan Court of Appeal’s decision on the Andary case. The outcome is so important to the catastrophically injured auto crash survivors injured before the 2019 reforms to finally right the terrible wrong imposed on crash victims by our former legislature.
The focus of the Andary case is narrow because it only resolves care for crash survivors injured before the 2019 auto no fault reforms. The same unfairness exists for survivors injured after June 11, 2019, and for whom legislative action is needed now. The narrow Andary ruling requires the legislature to follow up. There is bipartisan support in the legislature.
Auto No-Fault reimbursement fee schedule became effective on July 2, 2021. The reform legislation slashed Agency reimbursement by 45%, causing reimbursement to be below the cost needed to sustain an employee to provide care. Agencies have discharged auto injured patients and closed their agency. Some agencies have continued care but with no assurance of the legislative fix necessary to restore appropriate care.
The Michigan HomeCare and Hospice Association is committed to a reasonable solution to fix the home care (attendant care) reimbursement imposed by Michigan’s 2019 Auto No Fault Reforms. Previous legislative leaders held up the reforms supported by the strong bipartisan majority of state legislators.
Auto injured survivors have died, others have been displaced from their homes and jobs because our state legislators passed a law that includes an unsustainable reimbursement fee schedule for home care.
Restoring a reasonable home care reimbursement rate is not a significant factor in the cost of auto insurance. While there are 7 parts of the 2019 auto reform that were aimed at lowering premiums, the Andary decision only affects 2 of the 7, which only affect the Michigan Catastrophic Claims Association (MCCA) yearly fee of $87, about 3-5 % of an overall policy. The 2 are long term care and family care. The other 5 are Driver’s Choice (2M drivers dropped unlimited PIP), Fraud Prevention Program, increased Utilization Review of Care, Assigned Claims (the $250K cap on uninsured and out of state drivers, passengers, pedestrians and bicyclists), 200% of Medicare Cap on Services with Medicare codes (MRI, etc).
Auto no fault needs to be at the top of the legislative agenda this fall.
Below are resources to help understand the devastation these auto injured survivors are facing.
- MHHA One Pager
- Free Schedule Method and Rationale
- Medicare Base Rate Refinement
- Accreditation Requirement
- Hourly Limitations on Personal Caregivers
- Personal Caregiver Reimbursement
- Governor Response Letter
- MHHA Letter to the Governor
- MHHA LETTER TO All RepresentativesMHHA Letter to All Senators
- Talking Points
- House Bill 5698
- Crains Commentary after Speaker Wentworth’s Statement 3-16. (subscription only access)
- DIFS HAS OVER 1300 COMPLAINTS
- File a Complaint with the MI Department of Insurance and Financial Services (DIFS)
- DIFS Provider Relief Fund
- DIFS PRF Application
- Why are HC Companies not Applying for the PRF
- Insurance CEO’s Rewarded for 2019 Michigan Auto No Fault Reform
- Auto No Fault Reform Flyer
- Reasonable Solution
Learn more about how Auto No-Fault is affecting your friends, family, and neighbors
Join us on the WE CAN’T WAIT For Care Facebook Group! WE CAN’T WAIT is a page for patients and families of auto injured patients. WE CAN’T WAIT is an important collaborator with MHHA on reasonable reforms for Michigan’s Auto No Fault Law. We encourage you to visit and join this supporting organizations Facebook page.
You Can Make A Difference
Listen to the interview Darren McCarty’s interview on WJR’s Paul W Smith Show about the Rally for Vladdy here: https://www.wjr.com/paulwsmith/
This fix is so important that county commissions have come out all over Michigan in support.
- Alger County
- Allegan County
- Arenac County
- Bay County
- Barry County
- Berrien County
- Calhoun County
- Cass County
- Charlevoix County
- Chippewa County
- Cheboygan County
- Clare County
- Crawford County
- Genesee County
- Gogebic County
- Grand Traverse County
- Huron County
- Ingham County
- Iosco County
- Kalamazoo County
- Kalkaska County
- Kent County*
- Lapeer County
- Livingston County
- Mackinac County
- Macomb County
- Marquette County
- Mecosta County
- Midland County
- Missaukee County
- Montcalm County
- Newago County
- Oakland County
- Oceana County
- Ogemaw County
- Ontonagan County
- Oscoda County
- Saginaw County
- Sanilac County
- Tuscola County
- Van Buren County
- Washtenaw County
- Wayne County
*Kent County Commissioners acting in their individual capacities signed a letter of support urging the Michigan Legislature to amend the Michigan No-Fault Auto Insurance Reform Act.
Upcoming Agenda Presentations for Possible Adoption/Passage
- Ionia (Pending)
- Lake (Pending)
- St. Joseph (Pending)
Public Comment/Continued Urgency and Advocacy
- Alpena (Pending)
- Antrim (Pending)
- Clinton (Pending)
- Monroe (Pending)
- Otsego (Pending)
- Ottawa (Pending)
- St. Clair (Pending)