Bill Text: MI SB0817 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Insurance: no-fault; procedures for independent medical examinations; revise. Amends sec. 3151 of 1956 PA 218 (MCL 500.3151).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-18 - Referred To Committee On Insurance And Banking [SB0817 Detail]
Download: Michigan-2021-SB0817-Introduced.html
SENATE BILL NO. 817
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3151 (MCL 500.3151), as amended by 2019 PA 22.
the people of the state of michigan enact:
Sec. 3151. (1) 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, at the request of an insurer and on a showing of good cause to a court, the person shall submit to mental or physical examination by physicians. A personal protection insurer may include reasonable provisions that are in accord with this section in a personal protection insurance policy for mental and physical examination of persons claiming personal protection insurance benefits.
(2) A physician who conducts a mental or physical examination under this section must be licensed as a physician in this state or another state and meet the following criteria, as applicable:
(a) If care is being provided to the person to be examined by a specialist, the examining physician must specialize in the same specialty as the physician providing the care, and if the physician providing the care is board certified in the specialty, the examining physician must be board certified in that specialty.
(b) During the year immediately preceding the examination, the examining physician must have devoted a majority of his or her professional time to either or both of the following:
(i) The active clinical practice of medicine and, if subdivision (a) applies, the active clinical practice relevant to the specialty.
(ii) The instruction of students in an accredited medical school or in an accredited residency or clinical research program for physicians and, if subdivision (a) applies, the instruction of students is in the specialty.
(3) The insurer that requests or physician who conducts an examination under this section shall provide a statement of how the physician meets the requirements of subsection (2) to the person examined.
(4) A physician who conducts an examination under this section shall provide to the person examined or the person's attorney a list of all other cases in which, during the previous 4 years, the physician has testified as an expert at trial or by deposition and statements of the compensation the physician received in connection with those cases, and the compensation to be paid the physician for the examination and any testimony.
(5) A physician who conducts an examination under this section, or any entity through which the physician offers his or her services, shall not charge more than the following percentage of the average amount that the physician charged, or entity charged for the physician, for an equivalent examination on January 1, 2019:
(a) For an examination conducted before July 2, 2020, 55%.
(b) For an examination conducted after July 1, 2020 and before July 2, 2021, 54%.
(c) For an examination conducted after July 1, 2021 and before July 2, 2022, 52.5%.
(6) A person being examined under this section may elect either or both of the following:
(a) That the examination be recorded by either audio or audio-visual means.
(b) That the person have an attorney or other individual present at the examination.
