Legislation
Public Policy – The Michigan Brain Injury Providers Council offers opportunities for all member individuals and organizations to be involved in the crafting of public policy. With the assistance and coordination of the well-known Lansing-based lobbyineg firm, McKinney & Associates, the Council works with the legislative, judicial and executive branches of state government to improve access to and funding for needed services. The Council also supports laws and regulations that prevent injury from occurring, since the "only cure for brain injury is prevention". . MBIPC advocates for legislation and policies that allow providers to offer high quality care in a stable health care business environment.
Government Relations Committee MEMBERS ONLY LINK
MBIPC’s Government Relations Committee Members are an influential group of public policy-minded member organizations. The Committee is responsible for creating a bi-annual agenda and has the opportunity to participate in special legislative activities & meetings with key political leaders. In addition they receive timely information on critical legislative and judicial issues impacting quality services. An additional fee is required to participate on this very important committee, call for information.
The MBIPC Government Relations Committee is comprised of a number of particularly forward thinking member organizations, focused on the monitoring and influencing government activity affecting brain injury survivors and their families.
The committee retains the services of a lobbyist, who assists in guiding the Government Relations Committee’s efforts to contact and educate legislators regarding the affects of proposed legislation, to alert membership of court decisions, and to involve MBIPC professionals in the creation of public policy that impacts brain injury survivors and their families.
The Government Relations Committee has been a standing committee of the Michigan Brain Injury Provider Council (MBIPC), almost since the MBIPC’s inception in 1987. Several “Referendums” placed on the Michigan ballot in the early 1990’s, which threatened to drastically change the benefits for persons injured in car crashes, was a rallying point/catalyst for brain injury providers to work on state government issues. The proposed changes in the 1990s were defeated because of the efforts of many medical, legal, and rehabilitation trade associations, consumer advocacy groups, and others interested in the “safety net” for injured Michigan citizens. By speaking as one voice, providers and advocates were more effective in their efforts. This approach has also been effective in prevention of injury and for maintaining funding for needed services.
Ongoing Issues
Protecting Michigan’s Auto No-Fault Law
Since 1973, Michigan has had the most comprehensive no-fault auto insurance system in the nation. If a vehicle is insured in Michigan, the No Fault law guarantees life-time payment for all reasonably necessary care and services needed because of the injury to all persons injured in motor vehicle accidents regardless of who was at fault. With this guarantee, insured Michigan motorists who are in an accident have their rights limited in bringing a liability claim against the negligent parties who inflicted the injury.
Many court cases and attempts to modify this law have occurred during the intervening years; however, this law has fundamentally stood the test of time and remained unchanged. Literally, tens of thousands of individuals who have been injured in automobile crashes have received the necessary medical services, home modifications and other support services that have permitted them to optimize their quality of life. Were it not for this law, a substantial majority of these injured people would be reliant on Medicaid, and either a burden on their family or placed in institutional environments often designed for the frail/elderly for long term care
In the decade following the creation of the Michigan Auto No-fault Insurance law, there were a number of key court cases that lead to restrictions on certain services. Subsequent cases reinforced the original tenets of the law. During the 1990’s, the insurance industry sought to change this law through ballot initiatives. It is noteworthy that in both ballot initiative instances, the voters soundly defeated these attempts with a two-thirds or greater majority. For the remainder of the decade, there were sporadic attempts to modify single sections of the law by legislators who were responding to the insurance companies’ lobbyists. Though some of the bills became law, fundamentally, the auto no-fault insurance law remained as it was originally created.
With the dawn of the new millennium, the business/insurance industry policy makers changed their tactics, and sought court cases that they have been taking through the court system including the Michigan Court of Appeals and the Michigan Supreme Court, in order to seek favorable decisions.
To summarize, we are living in an era where the most seriously injured and their families have the greatest likelihood to be denied access to care through caps on insurance or fee schedules that limit the type of service or the duration of service. "Managed care" and "fee schedules" place the most injured and their families at the greatest risk of personal financial crisis and emotional distress.
We share this brief glimpse of the history of the Michigan No-Fault Insurance system for two reasons. First and foremost for all Michigan residents is the importance of remaining politically vigilant. Change is inevitable; however, like our democratic form of government and its constitution, good public policy must be protected from the whims of the moment. It requires activism and a willingness to fight.
Second, it can be a tremendous struggle for the family of a loved one with a brain injury, or the person with a brain injury who is having to rebuild their life during the long and difficult rehabilitation process one minute; in the next, they must in some, not all cases struggle with their insurance company to get the services they were promised when they purchased their insurance policy.
Insurance companies, like hospitals, rehabilitation organizations, or any company are dependent on their staff. Some staff will exceed our expectations with their willingness to assist and others will do what is easiest for them. This later example can be the first area of frustration for families who have a loved one with a brain injury. Unfortunately, this can lead to a cascading effect of denials for services during a time period that is critical in the individual’s recovery and/or rehabilitation. Additional problems are created with each insurance company’s interpretation of the law and the services they are required to provide. Unfortunately, too many families become exhausted with the lengthy and slow recovery process and their battles with insurance companies.
The Michigan Auto No-Fault Insurance system is not perfect. But for those with catastrophic injuries, brain injuries and spinal cord injuries in particular, it is the best possible system in the country. In Michigan the injured person receives all medically necessary care and support for the rest of their life for injuries sustained in an automobile crash. Premiums paid by Michigan motorists are slightly above the national average, but by no means, are they the highest paid. Insurance companies profits from auto insurance are sufficient enough to encourage them to remain in this state, as there has been no exodus of insurance companies from Michigan since 1973 when this law took effect.
Stopping Motorcycle Helmet Repeal
Wearing a motorcycle helmet may be seen to some as personal choice, a freedom we are due for living in a country founded on the belief that we alone should control our own destiny. It is that belief that allows us to pursue the coveted American Dream.
However, this Dream can be shattered for any motorcyclist not wearing a helmet involved in a crash AND the Dreams of their family! Additionally, such accidents place a totally unnecessary cost on society by way of increased taxes such as Medicaid, and add additional financial burden to the Auto No Fault system when the motorcycle is involved in an accident with a car.
Common Sense and numerous studies throughout the country have continuously shown that a motorcyclists’ chance of death or serious injury is significantly greater when riding without a helmet. States that repealed their helmet law have since reinstated mandatory laws when they saw first-hand the increased number of fatalities and serious injuries sustained by motorcyclists without helmets. For this reason, MBIPC will staunchly defend Michigan’s Mandatory Helmet law.
Listed below are just a few of the key findings by the National Highway Traffic Association (NHTSA).
- Per vehicle mile, motorcyclists are about 34 times more likely than passenger car occupants to die in a traffic crash
- NHTSA estimates that helmets saved 1,546 motorcyclists’ lives in 2005, and that 728 more could have been saved if all motorcyclists had worn helmets.
- According to NHTSA’s National Occupant Protection Use Survey, a nationally representative observational survey of motorcycle helmet, safety belt, and child safety seat use, helmet use declined by 23 percentage points over 5 years, from 71 percent in 2000 to 48 percent in 2005. This drop is statistically significant and corresponds to a striking 79 percent increase in nonuse.
For more information, visit the National Highway Traffic Association website 
Support for a Medicaid TBI Waiver for home/community based services
Given the young age of many persons with TBI, home/community based support makes sense both financially and clinically! The alternative is institutional placement where peers are the frail/elderly who are often in the last years of their life. The MBIPC Government Relations Committee supports the design of a Medicaid Waiver that will have the components of service that young people with TBI need to live and grow in their own communities.
Support for Improving access to Cognitive Rehabilitation through Commercial Insurance
The MBIPC Government Relations Council supports the Brain Injury Association in seeking a policy change by health insurers for approval for necessary cognitive rehabilitation. As outlined in the November 2006 BIAA position paper on Cognitive Rehabilitation (CR), the evidence shows that rehabilitation can improve the independence of persons with brain injury.