Bill Text: MI HB5101 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Insurance; no-fault; independent medical examinations; create an oversight board and provide for the appointment of independent examiners. Amends secs. 3151 & 3153 of 1956 PA 218 (MCL 500.3151 & 500.3153) & adds sec. 3151a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-10-17 - Bill Electronically Reproduced 10/12/2017 [HB5101 Detail]
Download: Michigan-2017-HB5101-Introduced.html
HOUSE BILL No. 5101
October 12, 2017, Introduced by Reps. Bizon, Canfield, Webber, Lasinski, Frederick, Chirkun, LaGrand, Moss, Brinks, Camilleri, Wittenberg, Chang, Ellison, Green, Sabo, Liberati, Sneller, Sowerby, Pagan, Faris, Byrd, Yaroch, Hammoud, Scott, Geiss, Greimel, Zemke, Robinson and Gay-Dagnogo and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending sections 3151 and 3153 (MCL 500.3151 and 500.3153) and
by adding section 3151a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3151. When 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, the person shall
submit
to mental or physical examination by physicians. a physician
as provided in section 3151a. A personal protection insurer may
include reasonable provisions in a personal protection insurance
policy for mental and physical examination of persons claiming
personal protection insurance benefits, if the provisions do not
contradict this chapter.
Sec. 3151a. (1) The no-fault independent medical examination
board is created within the department.
(2) The board consists of the following members, appointed by
the governor:
(a) A member of the state bar who is familiar with and
experienced in practice under this chapter.
(b) A physician who is a specialist in orthopedic medicine.
(c) A physician who is a specialist in neurosurgery.
(d) A physician who is a specialist in neurology.
(e) A physician who is a specialist in neuropsychiatry.
(f) A physician who is a specialist in psychiatry.
(g) A physician who is a specialist in physical medicine and
rehabilitation.
(3) The governor shall appoint, as physician members of the
board, physicians who are licensed in this state and the majority
of whose professional practice consists of the active clinical
practice of the applicable specialty and not the examination of
individuals who are litigants or potential litigants in lawsuits
under this chapter.
(4) The governor shall appoint the first members to the board
within 90 days after the effective date of this section. Members of
the board shall serve for terms of 4 years or until a successor is
appointed, whichever is later, except that of the members first
appointed, 2 of the physician members shall serve for 1 year, 2 of
the physician members shall serve for 2 years, and the final 2
physicians and the lawyer members shall serve for 3 years.
(5) If a vacancy occurs on the board, the governor shall make
an appointment for the unexpired term in the same manner as the
original appointment.
(6) The governor may remove a member of the board for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the board shall be called by the
director. At the first meeting, the board shall elect from among
its members a chairperson and other officers as it considers
necessary or appropriate. After the first meeting, the board shall
meet at least quarterly, or more frequently at the call of the
chairperson or if requested by 3 or more members.
(8) A majority of the members of the board constitute a quorum
for the transaction of business at a meeting of the board. A
majority of the members present and serving are required for
official action of the board.
(9) The board shall conduct its business at public meetings
held in compliance with the open meetings act, 1976 PA 267, MCL
15.261 to 15.275. However, the board may go into executive session
to discuss any matters related to matters that are protected by the
physician-patient privilege, including matters that are required to
be disclosed in the course of an action under this chapter.
(10) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246. This subsection does not apply to a writing that is
protected by the physician-patient privilege, including a writing
that is required to be disclosed in the course of an action under
this chapter.
(11) The director shall determine the amount of compensation
for the members of the board. From appropriations for the purpose,
the department shall compensate members of the board, reimburse the
members for their actual and necessary expenses incurred in the
performance of their official duties as members of the board, and
provide the board with offices and staff as necessary to perform
the board's duties under this section.
(12) The board shall do all of the following:
(a) Select and appoint physicians who are licensed to practice
medicine in this state and, as necessary, other individuals who are
licensed under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838, to conduct examinations under section
3151.
(b) Approve examination fees to be charged by individuals who
conduct examinations under section 3151.
(c) As the board determines to be necessary and appropriate,
adopt procedures and standards to be used by individuals who
conduct examinations under section 3151.
(d) Review reports of individuals who conduct examinations
under section 3151 as the board determines necessary to maintain
quality and independence of the individuals who conduct
examinations under section 3151.
(e) Investigate and take action on complaints about the
quality and independence of examinations conducted by the
individuals selected by the board.
(f) Anything else that is necessary to carry out the board's
duties under this section.
(13) A person that wishes to have an injured person examined
under section 3151 shall have the examination conducted only by an
individual appointed by the board under subsection (12).
(14) As used in this section, "board" means the no-fault
independent medical examination board created by this section.
Sec.
3153. A court may make such orders in regard to the a
refusal
to comply with sections 3151 and to 3152 as that are
just,
except
that the court shall not enter an order shall not be entered
directing the arrest of a person for disobeying an order to submit
to a physical or mental examination. The orders that may be made in
regard
to such a the refusal include, but are not limited to:
(a) An order that the mental or physical condition of the
disobedient
person shall be is taken to be as established for the
purposes of the claim in accordance with the contention of the
party obtaining the order.
(b) An order refusing to allow the disobedient person to
support or oppose designated claims or defenses, or prohibiting him
or her from introducing evidence of mental or physical condition.
(c) An order rendering judgment by default against the
disobedient person as to his or her entire claim or a designated
part of it.
(d) An order requiring the disobedient person to reimburse the
insurer for reasonable attorneys' fees and expenses incurred in
defense against the claim.
(e) An order requiring delivery of a report, in conformity
with
section 3152, on such terms as that are just, and if a
physician
fails or refuses to make the report, a the
court may
exclude
his the physician's testimony if offered at trial.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
