HomeMy WebLinkAboutResolutions - 2021.11.10 - 34995fro'AKLANDF
COU N T Y M IC H IGA N
BOARD OF COMMISSIONERS
November 10, 2021
MISCELLANEOUS RESOLUTION #21-443
Sponsored By: Charles Cavell, Eileen Kowall, Robert Hoffman, Janet Jackson, Gwen Markham, Gary
McGillivray, Yolanda Smith Charles
IN RE: Urging State Legislature to Amend the Michigan No -Fault Auto Insurance Reform Act to
Address a Reimbursement Cap for Auto Accident Victims
Chairperson and Members of the Board:
WHEREAS the Michigan No -Fault Auto Insurance Reform Act of 2019 introduced a fee schedule, which took
effect on July 1, 2021, that set percentage limits on how much doctors, hospitals, clinics, institutions, and
persons can be paid or reimbursed for providing treatment or care to auto accident victims; and
WHEREAS the reimbursement rates under the Michigan No -Fault medical fee schedule limit the amount
payable to a health provider for treatment or services reimbursable by Medicare, limit the reimbursement rate
for care providers whose treatment or services are not covered by Medicare, and limit No -Fault coverage for in -
home family provided care; and
WHEREAS rates for services not provided by Medicare were reduced by 45% from what providers received in
January 2019; and
WHEREAS the new law applies retroactively the changes made to a fee schedule, which is fundamentally
unfair to individuals who purchased coverage and were injured in motor vehicle accidents before the No -Fault
Act was amended in 2019; and
WHEREAS these fee caps affect the auto accident victims who are receiving long-term care and rehabilitation
paid for by the Michigan Catastrophic Claims Association (MCCA) through the per -vehicle annual fee that all
Michigan drivers were once assessed; and
WHEREAS the MCCA's 2021 Annual Statement shows its assets are over $27 billion and its total liabilities
are slightly over $22 billion; and
WHEREAS after the updated medical fee schedules have gone into effect, auto accident victims are struggling
now to access even minimal care; and
WHEREAS some patients who are not able to find long-term catastrophic care services could be forced to
leave their own homes; and
WHEREAS the new law is also causing a lot of payment delays, payment denials and unnecessary hurdles
which patients did not have to go through prior to July 1, 2021; and
WHEREAS even though lifetime medical benefits are still guaranteed under the new law, they are meaningless
if patients have very limited or no access to them; and
WHEREAS there are many Oakland County residents, and their families, who are currently benefitting, or
would in the future, from services pertaining to their care, recovery and rehabilitation from catastrophic injuries
but are already directly affected if the current law is not changed; and
WHEREAS significant numbers of Oakland County medical and rehabilitation businesses that serve accident
victims who are covered under this law suffer income loss and could be forced to lay off employees, or even
close entirely, if this reform is not changed; and
WHEREAS already more than 18,000 individuals with spinal cord injuries, brain injuries and other
catastrophic injuries in Michigan have to find another way to receive care and support because of this major
change to the State's No -Fault auto insurance law; and
WHEREAS according to the Michigan Brain Iniury Provider Council (MBIPC), more than 750 patients have
already lost access to medical care since the changes took effect in July; and
WHEREAS at least 41 Michigan -based care companies have had to either close their doors completely or
discharge patients receiving benefits via No -Fault auto insurance; and
WHEREAS these actions have already put at least 1,500 healthcare workers out of a job; and
WHEREAS this is a humanitarian crisis born from a government -mandated price fix, and only the legislature
can undo it; and
WHEREAS there is bipartisan support to address the reimbursement issues, but the House and Senate
leadership have so far taken what appears to be a "wait and see" approach to the July 1, 2021, fee schedule
change.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges the
Michigan Legislature to amend the Michigan No -Fault Auto Insurance Reform Act to address a sustainable
reimbursement cap for services provided to auto accident victims and preserve the benefits to survivors who
receive long-term care paid by the Michigan Catastrophic Claims Association
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of the adopted resolution to the Governor of the State of Michigan, the State Senate Majority and
Minority leaders, the State House Speaker and Minority Leader, and the members of the Oakland County
delegation to the Michigan Legislature.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Charles Cavell, Eileen
Kowall, Robert Hoffman, Janet Jackson, Gwen Markham, Gary McGillivray, Yolanda Smith Charles.
6zidu
David Woodward, Commissioner
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-10-28 Full Board - Introduced and Referred to LAGO
Date: November 16, 2021
Date: November 16, 2021
2021-11-02 Legislative Affairs & Government Operations - recommend to Board
2021-11-10 Full Board
VOTE TRACKING
Motioned by Commissioner Christine Long seconded by Commissioner Kristen Nelson to adopt the attached
Resolution: Urging State Legislature to Amend the Michigan No -Fault Auto Insurance Reform Act to Address a
Reimbursement Cap for Auto Accident Victims.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, Yolanda
Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (18)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
None
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 10, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Wednesday, November 10, 2021.
Lisa Brown, Oakland County Clerk/Register of Deeds