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

Update on effort to Fix Michigan's Auto No Fault Reform

Home care provider Bob Mlynarek testified before Senate Insurance, Finance and Consumer Protection Committee that auto crash injured survivors have waited long enough for care.

April 2024 Update

Important Dates on Michigan’s Auto No Fault Law

  • Jan-April 2024: No hearing has been scheduled by Rep. Brenda Carter for House Insurance and Financial Services Committee on SB 530, 531 and SB 575, solutions to fix auto no fault.
  • March 14, 2024: MHHA host Legislative Day
  • Dec. 2023: Since passage of the Senate package, Gov. Whitmer shared in
    an interview with Tim Skubick that she expected benefits will be restored to catastrophic crash survivors and House Speaker Tate told Bridge Michigan Magazine that members have a strong appetite to make auto no fault better policy.
  • Oct. 19, 2023: Michigan Senate approved Senate Bill 530 and 531 and Senate Bill 575.
  • Oct. 18, 2023: Senate Insurance, Finance and Consumer Protection Committee passed Senate Bill 530 and 531– and Senate Bill 575.
  • Oct. 4, 2023: Senate Insurance, Finance and Consumer Protection Committee holds a hearing on fixing auto no fault reform.
  • Oct. 3, 2023: Fixing Auto No Fault Reform rally.
  • Sept. 27, 2023: Michigan SB 530 and SB 531 (would ensure access to care for drivers who paid for it) introduced.
  • July 31, 2023: MI Supreme Court ruling supports MI Court of Appeals’ Andary decision.
  • June 28, 2023: HB 4884 “Utilization review” (would revise the standards and procedures for utilization review that enables insurance companies to deny the level of care prescribed by doctors) introduced.
  • Aug. 25, 2022: MI Court of Appeals decision on Andary case
  • July 2, 2020: Auto insurers applied 45% payment cut in attendant care.
  • Oct. 3, 2019: Andary case filed in Ingham County Circuit Court.
  • Prior to June 11, 2019: Michigan auto no fault law allows insurers to apply 45% payment cut in attendant care to those injured prior to June 11, 2019.
  • May 30, 2019: Whitmer signed Michigan auto insurance reform law ( Public Acts 21 and 22 of 2019)

Fix Auto No Fault Rally

October 2, 2023

Overview

The Michigan Court of Appeals and the Michigan Supreme Courts issued rulings that 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.

According to the Michigan HomeCare and Hospice Association (MHHA), 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. 

MHHA is urging the Michigan House to make it a top priority to fix the reform law to provide care for all catastrophic crash survivors, including future survivors, by holding a hearing on SB 350, SB 351, and SB 375. There is bipartisan support in the legislature.

MHHA would like to see access to care restored for the catastrophically injured and fair and reasonable reimbursement and fee schedule to ensure home care companies are receiving adequate payment.

Summary of the Reform Needed to Michigan’s Auto No Fault Law.

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).

 

The Michigan House needs to hold a hearing on SB 530, SB 531, and SB 575, solutions to fix auto no fault, this session.

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

Personal Stories

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.

*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)

For Questions and Media Inquiries

Barry S. Cargill, President & CEO
Michigan HomeCare & Hospice Association
2140 University Park Drive, Suite 220
Okemos, Michigan 48864
BarryC@MHHA.org
517 349-8089 x2
www.MHHA.org