Bill Text: MI HB5124 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Insurance; no-fault; personal protection insurance; allow certain individuals to partially waive coverage. Amends sec. 3107 of 1956 PA 218 (MCL 500.3107).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-07 - Motion To Discharge Committee Postponed For Day [HB5124 Detail]
Download: Michigan-2017-HB5124-Introduced.html
HOUSE BILL No. 5124
October 17, 2017, Introduced by Reps. Greimel, Sowerby, Geiss, Sabo, Lasinski, Byrd, Frederick, Chirkun, Elder, Hertel, Camilleri, Faris, Moss, Sneller, Zemke, Hammoud, LaGrand, Wittenberg, Brinks, Ellison, Liberati, Pagan, Chang, Gay-Dagnogo, Green and Yanez and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3107 (MCL 500.3107), as amended by 2012 PA 542.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3107. (1) Except as provided in subsection (2), personal
protection insurance benefits are payable for the following:
(a) Allowable expenses consisting of all reasonable charges
incurred for reasonably necessary products, services and
accommodations for an injured person's care, recovery, or
rehabilitation. Allowable expenses within personal protection
insurance
coverage shall do not include either of the following:
(i) Charges for a hospital room in excess of a reasonable and
customary
charge for semiprivate accommodations, except if unless
the injured person requires special or intensive care.
(ii) Funeral and burial expenses in excess of the amount set
forth
in the policy, which shall must not be less than $1,750.00
or
more than $5,000.00.
(b) Work loss consisting of loss of income from work an
injured person would have performed during the first 3 years after
the date of the accident if he or she had not been injured. Work
loss does not include any loss after the date on which the injured
person dies. Because the benefits received from personal protection
insurance for loss of income are not taxable income, the benefits
payable
for such loss of income shall must
be reduced 15% unless
the claimant presents to the insurer in support of his or her claim
reasonable proof of a lower value of the income tax advantage in
his
or her case, in which case the lower value shall apply.
applies. For the period beginning October 1, 2012 through September
30, 2013, the benefits payable for work loss sustained in a single
30-day period and the income earned by an injured person for work
during
the same period together shall must
not exceed $5,189.00,
which
maximum shall apply applies
pro rata to any lesser period of
work
loss. Beginning October 1, 2013, the maximum shall must be
adjusted annually to reflect changes in the cost of living under
rules
prescribed by the commissioner director,
but any change in
the
maximum shall apply applies
only to benefits arising out of
accidents
occurring subsequent to after
the date of change in the
maximum.
(c) Expenses not exceeding $20.00 per day, reasonably incurred
in obtaining ordinary and necessary services in lieu of those that,
if he or she had not been injured, an injured person would have
performed during the first 3 years after the date of the accident,
not for income but for the benefit of himself or herself or of his
or her dependent.
(2)
Both All of the following apply to personal protection
insurance benefits payable under subsection (1):
(a) A person who is 62 years of age or older may waive
coverage for personal protection insurance benefits under this
chapter other than coverage for charges incurred for reasonably
necessary products, services, and accommodations that would be
payable under long-term care insurance, as that term is defined in
section 701, or that are necessary for the injured person's
rehabilitation. An insurer shall offer a reduced premium rate to a
person who waives benefits in part under this subdivision. A person
waiving benefits in part under this subdivision shall do so on a
form provided by the insurer. Waiver of benefits in part under this
subdivision applies only to benefits payable to the person or
persons who have signed the waiver form.
(b) (a)
A person who is 60 years of age or
older and in the
event of an accidental bodily injury would not be eligible to
receive work loss benefits under subsection (1)(b) may waive
coverage for work loss benefits by signing a waiver on a form
provided by the insurer. An insurer shall offer a reduced premium
rate
to a person who waives coverage under this subsection
subdivision for work loss benefits. Waiver of coverage for work
loss benefits applies only to work loss benefits payable to the
person or persons who have signed the waiver form.
(c) (b)
An insurer shall is not
be required to provide
coverage for the medical use of marihuana or for expenses related
to the medical use of marihuana.
