Bill Text: MI SB0647 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Insurance; no-fault; theft prevention authority; expand to include insurance fraud and house within automobile insurance placement facility. Amends title & secs. 102, 3301, 3330 & 4501 of 1956 PA 218 (MCL 500.102 et seq.) & adds sec. 6104 & ch. 63.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-10-24 - Referred To Committee On Insurance [SB0647 Detail]

Download: Michigan-2013-SB0647-Introduced.html

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SENATE BILL No. 647

 

 

October 24, 2013, Introduced by Senator KAHN and referred to the Committee on Insurance.

 

 

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending the title and sections 102, 3301, 3330, and 4501 (MCL

 

500.102, 500.3301, 500.3330, and 500.4501), the title as amended by

 

2002 PA 304, section 102 as amended by 2000 PA 252, section 3330 as

 

amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39,

 

and by adding section 6104 and chapter 63.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to revise, consolidate, and classify the laws relating

 

to the insurance and surety business; to regulate the incorporation

 

or formation of domestic insurance and surety companies and

 

associations and the admission of foreign and alien companies and

 

associations; to provide their rights, powers, and immunities and

 

to prescribe the conditions on which companies and associations

 

organized, existing, or authorized under this act may exercise

 

their powers; to provide the rights, powers, and immunities and to

 

prescribe the conditions on which other persons, firms,

 

corporations, associations, risk retention groups, and purchasing

 

groups engaged in an insurance or surety business may exercise

 

their powers; to provide for the imposition of a privilege fee on

 

domestic insurance companies and associations; and the state

 

accident fund; to provide for the imposition of a tax on the

 

business of foreign and alien companies and associations; to

 

provide for the imposition of a tax on risk retention groups and

 

purchasing groups; to provide for the imposition of a tax on the

 

business of surplus line agents; to provide for the imposition of

 

regulatory fees on certain insurers; to provide for assessment fees

 

on certain health maintenance organizations; to modify tort

 

liability arising out of certain accidents; to provide for limited

 

actions with respect to that modified tort liability and to

 

prescribe certain procedures for maintaining those actions; to

 

require security for losses arising out of certain accidents; to

 

provide for the continued availability and affordability of

 

automobile insurance and homeowners insurance in this state and to

 

facilitate the purchase of that insurance by all residents of this

 

state at fair and reasonable rates; to provide for certain

 

reporting with respect to insurance and with respect to certain

 

claims against uninsured or self-insured persons; to prescribe

 

duties for certain state departments and officers with respect to

 

that reporting; to provide for certain assessments; to establish

 

and continue certain state insurance funds; to modify and clarify

 

the status, rights, powers, duties, and operations of the nonprofit

 

malpractice insurance fund; to provide for the departmental

 

supervision and regulation of the insurance and surety business

 

within this state; to provide for regulation over of worker's

 

compensation self-insurers; to provide for the conservation,

 

rehabilitation, or liquidation of unsound or insolvent insurers; to

 

provide for the protection of policyholders, claimants, and

 

creditors of unsound or insolvent insurers; to provide for

 

associations of insurers to protect policyholders and claimants in

 

the event of insurer insolvencies; to prescribe educational

 

requirements for insurance agents and solicitors; to provide for

 

the regulation of multiple employer welfare arrangements; to create

 

an automobile theft prevention authority 1 or more authorities to

 

reduce insurance fraud and the number of automobile thefts in this

 

state ; and to prescribe the powers and duties of the automobile

 

theft prevention authority; authorities; to provide certain for the

 

powers and duties upon of certain officials, departments, and

 

authorities of this state; to provide for an appropriation; to

 

repeal acts and parts of acts; and to provide penalties for the

 

violation of this act.

 

     Sec. 102. As used in this act:

 

     (a) (1) "Commissioner" as used in this act means the

 

commissioner of the office of financial and insurance

 

services.director.

 

     (b) (2) "Department" as used in this act means the office

 

department of insurance and financial and insurance services.

 

     (c) "Director" means the director of the department.

 

     Sec. 3301. (1) Every insurer authorized to write automobile

 

insurance in this state shall participate in an organization for

 

the purpose of doing all of the following:

 

     (a) Providing the guarantee that automobile insurance coverage

 

will be available to any person who is unable to procure that

 

insurance through ordinary methods.

 

     (b) Preserving to the public the benefits of price competition

 

by encouraging maximum use of the normal private insurance system.

 

     (c) Providing funding for the Michigan automobile insurance

 

fraud and theft prevention authority created under chapter 63.

 

     (2) The organization created under this chapter shall be

 

called the "Michigan automobile insurance placement facility".

 

     Sec. 3330. (1) The board of governors has the power to direct

 

the operation of the facility, including, at a minimum, the power

 

to do all of the following:

 

     (a) To sue and be sued in the name of the facility. A judgment

 

against the facility shall not create any liabilities in the

 

individual participating members of the facility.

 

     (b) To delegate ministerial duties, to hire a manager, to hire

 

legal counsel, and to contract for goods and services from others.

 

     (c) To assess participating members on the basis of

 

participation ratios pursuant to section 3303 to cover anticipated

 

costs of operation and administration of the facility, to provide

 

for equitable servicing fees, and to share losses, profits, and

 

expenses pursuant to the plan of operation.

 

     (d) To impose limitations on cancellation or nonrenewal by

 

participating members of facility-placed business, in addition to

 

the limitations imposed by chapters 21 and 32.

 

     (e) To provide for a limited number of participating members

 

to receive equitable distribution of applicants; or to provide for

 

a limited number of participating members to service applicants in

 

a plan of sharing of losses in accordance with section 3320(1)(c)

 

and the plan of operation.

 

     (f) To provide for standards of performance of service for the

 

participating members designated under subdivision (e).

 

     (g) To adopt a plan of operation and any amendments to the

 

plan, consistent with this chapter, necessary to assure the fair,

 

reasonable, equitable, and nondiscriminatory manner of

 

administering the facility, including compliance with chapter 21,

 

and to provide for any other matters necessary or advisable to

 

implement this chapter, including matters necessary to comply with

 

the requirements of chapter 21.

 

     (h) To assess self-insurers and insurers consistent with

 

chapter 31 and the assigned claims plan approved under section

 

3171.

 

     (i) Until December 31, 2018, to annually assess participating

 

members and self-insurers an aggregate amount not to exceed

 

$21,000,000.00 to cover anticipated costs of operation and

 

administration of the Michigan automobile insurance fraud and theft

 

prevention authority created under chapter 63.

 

     (2) The board of governors shall institute or cause to be

 

instituted by the facility or on its behalf an automatic data

 

processing system for recording and compiling data relative to

 

individuals insured through the facility. An automatic data

 

processing system established under this subsection shall, to the

 

greatest extent possible, be made compatible with the automatic

 

data processing system maintained by the secretary of state, to

 

provide for the identification and review of individuals insured

 

through the facility.

 

     (3) Before January 2, 2014, the board of governors shall amend

 

the plan of operation to establish appropriate procedures necessary

 

to make assessments for and to carry out the administrative duties

 

and functions of the Michigan automobile insurance fraud and theft

 

prevention authority as provided in chapter 63.

 

     Sec. 4501. As used in this chapter:

 

     (a) "Authorized agency" means the department of state police;

 

a city, village, or township police department; a county sheriff's

 

department; a United States criminal investigative department or

 

agency; the prosecuting authority of a city, village, township,

 

county, or state or of the United States; the office of financial

 

and insurance regulation; department; the Michigan automobile

 

insurance fraud and theft prevention authority; or the department

 

of state.

 

     (b) "Financial loss" includes, but is not limited to, loss of

 

earnings, out-of-pocket and other expenses, repair and replacement

 

costs, investigative costs, and claims payments.

 

     (c) "Insurance policy" or "policy" means an insurance policy,

 

benefit contract of a self-funded plan, health maintenance

 

organization contract, nonprofit dental care corporation

 

certificate, or health care corporation certificate.

 

     (d) "Insurer" means a property-casualty insurer, life insurer,

 

third party administrator, self-funded plan, health insurer, health

 

maintenance organization, nonprofit dental care corporation, health

 

care corporation, reinsurer, or any other entity regulated by the

 

insurance laws of this state and providing any form of insurance.

 

     (e) "Michigan automobile insurance fraud and theft prevention

 

authority" means the Michigan automobile insurance fraud and theft

 

prevention authority created under section 6302.

 

     (f) (e) "Organization" means an organization or internal

 

department of an insurer established to detect and prevent

 

insurance fraud.

 

     (g) (f) "Person" includes an individual, insurer, company,

 

association, organization, Lloyds, society, reciprocal or inter-

 

insurance exchange, partnership, syndicate, business trust,

 

corporation, and any other legal entity.

 

     (h) (g) "Practitioner" means a licensee of this state

 

authorized to practice medicine and surgery, psychology,

 

chiropractic, or law, any other licensee of the state, or an

 

unlicensed health care provider whose services are compensated,

 

directly or indirectly, by insurance proceeds, or a licensee

 

similarly licensed in other states and nations, or the practitioner

 

of any nonmedical treatment rendered in accordance with a

 

recognized religious method of healing.

 

     (i) (h) "Runner", "capper", or "steerer" means a person who

 

receives a pecuniary or other benefit from a practitioner, whether

 

directly or indirectly, for procuring or attempting to procure a

 

client, patient, or customer at the direction or request of, or in

 

cooperation with, a practitioner whose intent is to obtain benefits

 

under a contract of insurance or to assert a claim against an

 

insured or an insurer for providing services to the client,

 

patient, or customer. Runner, capper, or steerer does not include a

 

practitioner who procures clients, patients, or customers through

 

the use of public media.

 

     (j) (i) "Statement" includes, but is not limited to, any

 

notice statement, proof of loss, bill of lading, receipt for

 

payment, invoice, account, estimate of property damages, bill for

 

services, claim form, diagnosis, prescription, hospital or doctor

 

record, X-rays, test result, or other evidence of loss, injury, or

 

expense.

 

     Sec. 6104. (1) By January 1, 2014, the authority shall

 

transfer all assets of the authority to the Michigan automobile

 

insurance placement facility for the benefit of the Michigan

 

automobile insurance fraud and theft prevention authority created

 

under chapter 63.

 

     (2) This chapter does not apply after December 31, 2013 and

 

before January 1, 2019.

 

     (3) After December 31, 2018, the board shall reinstate and

 

operate the authority in the same manner that it was operated

 

before January 1, 2014.

 

CHAPTER 63

 

MICHIGAN AUTOMOBILE INSURANCE FRAUD AND THEFT PREVENTION AUTHORITY

 

     Sec. 6301. As used in this chapter:

 

     (a) "Authority" means the Michigan automobile insurance fraud

 

and theft prevention authority created in section 6302.

 

     (b) "Automobile insurance fraud" means a fraudulent insurance

 

act as described in section 4503 that is committed in connection

 

with automobile insurance, including an application for automobile

 

insurance.

 

     (c) "Board" means the board of directors of the authority.

 

     (d) "Car years" means net direct private passenger and

 

commercial nonfleet vehicle years of insurance providing the

 

security required by section 3101(1) written in this state for the

 

second previous calendar year as reported to the statistical agent

 

of each insurer.

 

     (e) "Facility" means the Michigan automobile insurance

 

placement facility created under chapter 33.

 

     Sec. 6302. (1) The Michigan automobile insurance fraud and

 

theft prevention authority is created within the facility. The

 

facility shall provide staff for the authority and shall carry out

 

the administrative duties and functions as directed by the board.

 

     (2) The authority is not a state agency, and the money of the

 

authority is not state money. The authority is not a public body

 

under, and a record of the authority is not subject to disclosure

 

under, the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (3) The authority shall do both of the following:

 

     (a) Provide financial support to state or local law

 

enforcement agencies for programs designed to reduce the incidence

 

of automobile insurance fraud and theft.

 

     (b) Provide financial support to state or local prosecutorial

 

agencies for programs designed to reduce the incidence of

 

automobile insurance fraud and theft.

 

     (4) The authority may provide financial support to law

 

enforcement, prosecutorial, insurance, education, or training

 

associations for programs designed to reduce the incidence of

 

automobile insurance fraud and theft.

 

     (5) The purposes, powers, and duties of the authority are

 

vested in and shall be exercised by a board of directors. The board

 

of directors shall consist of 15 members as follows:

 

     (a) Nine members who represent automobile insurers in this

 

state, including the following:

 

     (i) At least 2 members who represent insurer groups with

 

350,000 or more car years.

 

     (ii) At least 2 members who represent insurer groups with fewer

 

than 350,000 but 100,000 or more car years.

 

     (iii) At least 1 member who represents insurer groups with fewer

 

than 100,000 car years.

 

     (b) The director or his or her designee.

 

     (c) The attorney general or his or her designee.

 

     (d) Two members who represent law enforcement agencies in this

 

state.

 

     (e) One member who represents prosecuting attorneys in this

 

state.

 

     (f) One member who represents the general public.

 

     (6) The members of the board representing insurers shall be

 

elected by automobile insurers doing business in this state from a

 

list of nominees proposed by the board of governors of the

 

facility. In preparing the list of nominees for the members, the

 

board of governors of the facility shall solicit nominations from

 

automobile insurers doing business in this state.

 

     (7) The members of the board representing law enforcement

 

agencies shall be appointed by the governor with the advice and

 

consent of the senate. In appointing the members, the governor

 

shall comply with all of the following:

 

     (a) He or she shall solicit input from various law enforcement

 

associations in this state.

 

     (b) He or she shall not appoint a member who represents the

 

same type of law enforcement agency as the other member who

 

represents law enforcement agencies on the board.

 

     (c) He or she shall not appoint a member representing the same

 

law enforcement agency to the board for more than 2 consecutive

 

terms.

 

     (8) The member of the board representing prosecuting attorneys

 

shall be appointed by the governor with the advice and consent of

 

the senate. In appointing the member, the governor shall solicit

 

input from various prosecuting attorneys associations in this

 

state.

 

     (9) The member of the board representing the general public

 

shall be appointed by the governor with the advice and consent of

 

the senate. The governor shall appoint an individual who is a

 

resident of this state and is not employed by or under contract

 

with a state or local unit of government or an insurer.

 

     (10) Except as otherwise provided in this subsection, a member

 

of the board shall serve for a term of 4 years or until his or her

 

successor is elected, designated, or appointed, whichever occurs

 

later. Of the members first elected or appointed under this

 

section, 3 members representing insurers and 1 member representing

 

law enforcement agencies shall serve for a term of 2 years, 3

 

members representing insurers, the member representing prosecuting

 

attorneys, and the member representing the general public shall

 

serve for a term of 3 years, and 3 members representing insurers

 

and 1 member representing law enforcement agencies shall serve for

 

a term of 4 years.

 

     (11) The board is dissolved on January 1, 2019.

 

     Sec. 6303. (1) A member of the board shall serve without

 

compensation, except that the board shall reimburse a member in a

 

reasonable amount for necessary travel and expenses.

 

     (2) A majority of the members of the board constitute a quorum

 

for the transaction of business at a meeting or the exercise of a

 

power or function of the authority, notwithstanding the existence

 

of 1 or more vacancies. Notwithstanding any other provision of law,

 

action may be taken by the authority at a meeting on a vote of the

 

majority of its members present in person or through the use of

 

amplified telephonic equipment, if authorized by the bylaws or plan

 

of operation of the board. The authority shall meet at the call of

 

the chair or as may be provided in the bylaws of the authority.

 

Meetings of the authority may be held anywhere in this state.

 

     (3) The board shall adopt a plan of operation by a majority

 

vote of the board. Vacancies on the board shall be filled in

 

accordance with the plan of operation.

 

     (4) The board shall conduct its business at meetings that are

 

held in this state, open to the public, and held in a place that is

 

available to the general public. However, the board may establish

 

reasonable rules to minimize disruption of a meeting of the board.

 

At least 10 days but not more than 60 days before a meeting, the

 

board shall provide public notice of the meeting at the board's

 

principal office and on a publicly accessible internet website. The

 

board shall include in the public notice of its meeting the address

 

where minutes of the board may be inspected by the public. The

 

board may meet in a closed session for any of the following

 

purposes:

 

     (a) To consider the hiring, dismissal, suspension,

 

disciplining, or evaluation of officers or employees of the

 

authority.

 

     (b) To consult with its attorney.

 

     (c) To comply with state or federal law, rules, or regulations

 

regarding privacy or confidentiality.

 

     (5) The board shall display information concerning the

 

authority's operations and activities, including, but not limited

 

to, the annual financial report required under section 6310, on a

 

publicly accessible internet website.

 

     (6) The board shall keep minutes of each board meeting. The

 

board shall make the minutes open to public inspection and

 

available at the address designated on the public notice of its

 

meetings. The board shall make copies of the minutes available to

 

the public at the reasonable estimated cost for printing and

 

copying. The board shall include all of the following in the

 

minutes:

 

     (a) The date, time, and place of the meeting.

 

     (b) The names of board members who are present and board

 

members who are absent.

 

     (c) Board decisions made during any portion of the meeting

 

that was open to the public.

 

     (d) All roll call votes taken at the meeting.

 

     Sec. 6304. (1) Before January 1, 2019, the authority shall

 

transfer all assets of the authority that relate to automobile

 

theft to the department of state police for the benefit of the

 

automobile theft prevention authority.

 

     (2) On January 1, 2019, the authority is dissolved.

 

     Sec. 6305. The board has the powers necessary to carry out its

 

duties under this act, including, but not limited to, the power to

 

do the following:

 

     (a) Sue and be sued in the name of the authority.

 

     (b) Solicit and accept gifts, grants, loans, and other aid

 

from any person, the federal government, this state, a local unit

 

of government, or an agency of the federal government, this state,

 

or a local unit of government.

 

     (c) Make grants and investments.

 

     (d) Procure insurance against any loss in connection with its

 

property, assets, or activities.

 

     (e) Invest at its discretion any money held in reserve or

 

sinking funds or any money not required for immediate use or

 

disbursement and to select and use depositories for its money.

 

     (f) Contract for goods and services and engage personnel as

 

necessary.

 

     (g) Indemnify and procure insurance indemnifying any member of

 

the board for personal loss or accountability resulting from the

 

member's action or inaction as a member of the board.

 

     (h) Perform other acts not specifically enumerated in this

 

section that are necessary or proper to accomplish the purposes of

 

the authority and that are not inconsistent with this section or

 

the plan of operation.

 

     Sec. 6307. (1) Before April 1 of each year from 2014 to 2018,

 

an insurer or self-insurer engaged in writing insurance coverages

 

that provide the security required by section 3101(1) in this

 

state, as a condition of its authority to transact insurance in

 

this state, shall pay to the facility, for deposit into the account

 

of the authority, an assessment determined by the facility as

 

provided in the plan of operation. The assessment shall be based on

 

the ratio of the car years written by the insurer or self-insurer

 

to the total car years written in this state by all insurers and

 

self-insurers.

 

     (2) The facility shall segregate all money received under

 

subsection (1), and all other money received by the authority, from

 

other money of the facility, if applicable. The facility shall only

 

expend the money received under subsection (1) as directed by the

 

board and as provided in subsection (3).

 

     (3) By May 1 of each year, the facility shall pay 10% of the

 

money received under subsection (1) to the brain and traumatic

 

injury fund created in section 6312.

 

     Sec. 6308. (1) An insurer authorized to transact automobile

 

insurance in this state, as a condition of its authority to

 

transact insurance in this state, shall report automobile insurance

 

fraud and theft data to the authority using the format and

 

procedures adopted by the board.

 

     (2) The department of state police shall cooperate with the

 

authority and shall provide available motor vehicle fraud and theft

 

statistics to the authority on request.

 

     Sec. 6310. (1) Beginning January 1 of the year after the

 

effective date of the amendatory act that added this section, the

 

authority shall prepare and publish an annual financial report, and

 

beginning July 1 of the year after the effective date of the

 

amendatory act that added this section, the authority shall prepare

 

and publish an annual report to the legislature on the authority's

 

efforts to prevent automobile insurance fraud and theft and cost

 

savings that have resulted from those efforts.

 

     (2) The annual report to the legislature required under

 

subsection (1) shall detail the automobile insurance fraud and

 

theft occurring in this state for the previous year, assess the

 

impact of automobile insurance fraud and theft on rates charged for

 

automobile insurance, summarize prevention programs, and outline

 

allocations made by the authority. The members of the board,

 

insurers, and the director shall cooperate in developing the report

 

as requested by the authority and shall make available to the

 

authority records and statistics concerning automobile insurance

 

fraud and theft, including the number of instances of suspected and

 

confirmed insurance fraud or theft, number of prosecutions and

 

convictions involving automobile insurance fraud or theft, and

 

automobile insurance fraud and theft recidivism. The authority

 

shall evaluate the impact automobile insurance fraud and theft has

 

on the citizens of this state and the costs incurred by the

 

citizens through insurance, police enforcement, prosecution, and

 

incarceration because of automobile insurance fraud and theft. The

 

report to the legislature required by this section shall be

 

submitted to the senate and house of representatives standing

 

committees with primary jurisdiction over insurance issues and the

 

director.

 

     Sec. 6312. (1) The brain and traumatic injury study commission

 

is created.

 

     (2) The brain and traumatic injury study commission consists

 

of the following members, appointed by the governor:

 

     (a) Two representatives of insurers that write automobile

 

insurance.

 

     (b) A representative of the Michigan state medical society.

 

     (c) A representative of the Michigan health and hospital

 

association.

 

     (d) Two individuals who have suffered severe injuries in an

 

auto accident.

 

     (e) Two individuals who give care to individuals who have

 

suffered severe injuries in an auto accident.

 

     (f) Two experts in the field of evidence-based care for

 

catastrophically injured patients.

 

     (3) Members of the brain and traumatic injury study commission

 

shall serve for terms of 3 years or until a successor is appointed.

 

The governor shall not reappoint a member who has already served 3

 

terms on the commission.

 

     (4) If a vacancy occurs on the brain and traumatic injury

 

study commission, the governor shall make an appointment for the

 

unexpired term in the same manner as the original appointment.

 

     (5) The first meeting of the brain and traumatic injury study

 

commission shall be called by the member who is the representative

 

of the Michigan health and hospital association. At the first

 

meeting, the commission shall elect from among its members a

 

chairperson and other officers as it considers necessary or

 

appropriate. After the first meeting, the commission shall meet at

 

least quarterly, or more frequently at the call of the chairperson

 

or if requested by 5 or more members.

 

     (6) A majority of the members of the brain and traumatic

 

injury study commission constitute a quorum for the transaction of

 

business at a meeting of the commission. A majority of the members

 

present and serving are required for official action of the

 

commission.

 

     (7) The business that the brain and traumatic injury study

 

commission may perform shall be conducted at a public meeting of

 

the commission held in compliance with the open meetings act, 1976

 

PA 267, MCL 15.261 to 15.275.

 

     (8) A writing prepared, owned, used, in the possession of, or

 

retained by the brain and traumatic injury study commission in the

 

performance of an official function is subject to the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (9) Members of the brain and traumatic injury study commission

 

shall serve without compensation. However, members of the

 

commission may be reimbursed for their actual and necessary

 

expenses incurred in the performance of their official duties as

 

members of the commission.

 

     (10) The brain and traumatic injury study commission shall do

 

all of the following:

 

     (a) Make recommendations for appropriate care for individuals

 

who have suffered brain and other traumatic injury as a result of

 

an auto accident.

 

     (b) Evaluate existing research on evidence-based care

 

protocols and direct necessary additional evidence-based research

 

related to all of the following:

 

     (i) Trauma care.

 

     (ii) Acute inpatient care including intensive care, step-down

 

care, inpatient rehabilitation, and use of long-term acute care.

 

     (iii) Occupational therapy, including appropriate care required

 

to recover and maintain functionality.

 

     (iv) Physical therapy, including appropriate care required to

 

recover and maintain functionality.

 

     (v) Nutritional instruction and monitoring.

 

     (vi) The most appropriate settings for long-term care depending

 

on the degree of injury, age of the injured individual, and

 

preservation of existing family and other social support networks.

 

     (vii) Appropriate care related to activities of daily living

 

that allow for the highest degree of independence while supporting

 

the injured person in a dignified manner related to personal care

 

needs.

 

     (viii) The effectiveness of complementary and alternative care

 

methods to enhance and maintain executive functioning, appropriate

 

social behaviors, physical functionality, speech, and other skills

 

impaired or destroyed in the accident.

 

     (c) Add other areas of study as determined necessary by the

 

commission.

 

     (d) Within 1 year after the effective date of the amendatory

 

act that added this section, complete an initial evaluation of the

 

standards of care in auto accident cases that have occurred in this

 

state.

 

     (e) Three years after the effective date of the amendatory act

 

that added this section and, subject to subsection (12), every 5

 

years after that 3-year report, the brain and traumatic injury

 

study commission shall issue a report on its findings with respect

 

to the best and most appropriate care for individuals who have been

 

catastrophically injured.

 

     (f) Work with the appropriate hospital, physician, long-term

 

care, and other organizations to achieve effective dissemination of

 

information developed by the commission and implementation at the

 

bedside.

 

     (11) The brain and traumatic injury study commission may hire

 

staff or contract with other persons to achieve the

 

responsibilities of the commission under this section.

 

     (12) Unless section 6307 is amended to extend the assessments

 

under that section beyond 2018, the brain and traumatic injury

 

study commission is dissolved on January 1, 2019.