Member Login | Join HCAOA
Home Care Association of America
  • Membership Resources
    • Member Login
    • Code of Conduct
    • Resources
    • Newsletters
    • Product & Services Guide
    • Join HCAOA
    • Benefits: Agency Membership
    • Benefits: Associate Membership
  • State Chapters
    • State Chapters
  • Education/Events
    • Calendar
    • National Home Care Conference
  • Advocacy/Policy
    • Home Care Workforce Crisis: An Industry Report and Call to Action
    • Bring the Vote Home
    • Advocacy Fund
    • State of Home Care: Industry at Crossroads
    • Home Care Workforce Action Alliance
    • Caring for Seniors: Value of Home Care
    • Home Care by the Numbers
    • Issues & Positions
    • Legislative Action Network
    • State Legislation Tracker
    • Federal Legislation Tracker
    • 2023 Federal Advocacy Day
  • About HCAOA
    • Mission & Vision
    • Board of Directors
    • Committees
    • Staff
    • Caregiver of the Year Award
    • News Releases
    • Advertising & Marketing
    • Contact Us
  • Find a Job

Court Decision on Auto No-Fault Issue in Michigan

8/2/2023

0 Comments

 
On Monday, the Michigan Supreme Court, in an opinion authored by Justice Elizabeth M. Welch and joined by Chief Justice Clement and Justices Berstein, Cavanagh, and Bolden, issued its decision in Andary v. USAA Casualty Insurance Company, a case that has been working its way through the state court system since 2019.
The Court ruled that unlimited, lifetime medical services for the nearly 15,000 Michiganders who were catastrophically injured in accidents prior to the 2019 passage of the auto no-fault reform law must be fully paid and not subject to cost controls. 

The decision also exempts pre-2019 crash survivors from the law's new 56-hour cap on in-home attendant care that is provided by a patient's family or friends. (Attendant care for over 56 hours is still available under the law to all severely injured survivors, but must come from a care agency or other third party unless an exemption is granted.)

In response to the ruling, Rep. Julie Rogers (D-41-Kalamazoo), an ally to the home care industry, issued the following statement: “Today’s ruling by the Michigan Supreme Court finding — that changes made by no-fault auto insurance legislation do not apply to those catastrophically injured before 2019 — is a welcome relief to crash survivors and their families. Patients should have never been subjected to a loss of health care and necessary services to treat these terrible injuries when they had a pre-existing contract with their insurance companies for this coverage before the 2019 change in the law. It is an absolute tragedy that people have suffered, some have even died, because of this misinterpretation of the law and our state constitution. I am grateful the Supreme Court is righting this wrong, and I stand ready to work with my colleagues to address the deficiencies in the 2019 law which are not addressed by this ruling. Those injured after 2019 are still struggling with arbitrary caps and cuts in their care.”

The court’s full 101-page opinion can be found here and a podcast discussing the decision can be found here. 

HCAOA will continue to monitor the fallout from the decision and keep you updated.
0 Comments



Leave a Reply.

    Archives

    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020

    Categories

    All
    Accreditation
    Alabama
    Arizona
    Award
    California
    Caregiver
    Chapters
    Colorado
    Conference
    Connecticut
    COVID 19
    COVID-19
    Data
    Delaware
    Education
    Florida
    Georgia
    Illinois
    Immigration
    Kansas
    Kentucky
    Legal
    Legislative
    Massachusetts
    Medi
    Medicaid
    Medicare
    Member Benefits
    Member News
    Michigan
    Minnesota
    New Jersey
    New York
    Ohio
    Pennsylvania
    Reimbursement
    Research
    Rhode Island
    South Carolina
    South Dakota
    Sponsorships
    Tennessee
    Texas
    Vendor
    Veterans Administration
    Virginia
    Washington
    West Virginia
    Wisconsin
    Workforce

    RSS Feed

    Upcoming Events

Phone: 202-519-2960​ | 444 N. Capitol Street NW, Suite 428 |  Washington, DC 20001
info@hcaoa.org
 |
sitemap
​

© 2023 Home Care Association of America.  All Rights Reserved. | Privacy Policy | Refund Policy
Picture
  • Membership Resources
    • Member Login
    • Code of Conduct
    • Resources
    • Newsletters
    • Product & Services Guide
    • Join HCAOA
    • Benefits: Agency Membership
    • Benefits: Associate Membership
  • State Chapters
    • State Chapters
  • Education/Events
    • Calendar
    • National Home Care Conference
  • Advocacy/Policy
    • Home Care Workforce Crisis: An Industry Report and Call to Action
    • Bring the Vote Home
    • Advocacy Fund
    • State of Home Care: Industry at Crossroads
    • Home Care Workforce Action Alliance
    • Caring for Seniors: Value of Home Care
    • Home Care by the Numbers
    • Issues & Positions
    • Legislative Action Network
    • State Legislation Tracker
    • Federal Legislation Tracker
    • 2023 Federal Advocacy Day
  • About HCAOA
    • Mission & Vision
    • Board of Directors
    • Committees
    • Staff
    • Caregiver of the Year Award
    • News Releases
    • Advertising & Marketing
    • Contact Us
  • Find a Job