As Lawmakers Gather at Mackinac, MBIPC Calls for Renewed Focus on Ending State’s Catastrophic Care Crisis
Judd: Reasonable solutions should be priority when Legislature returns to Lansing
BRIGHTON, Mich.—(June 1, 2023)— As Michigan legislators and other state leaders convene on Mackinac Island this week for the annual Mackinac Policy Conference, the Michigan Brain Injury Provider Council (MBIPC) today is calling for a renewed focus on ending the state’s catastrophic care crisis at the place where the new auto insurance law was signed in 2019.
“Four years ago, a nightmare began for Michigan’s most vulnerable citizens when the new auto insurance law was signed on the island,” said MBIPC Executive Director Tom Judd. “The data is clear—auto insurance reform has failed crash survivors, their families and dedicated care providers. Passing a reasonable, sustainable, and fair solution is the first step toward righting a moral injustice, and it should be a priority for lawmakers once they return to Lansing.”
The 2019 reform bill included a draconian 45% cut in reimbursement rates for catastrophic care and a 56-hour per-week cap on attendant care provided by family members. These unjust and arbitrary provisions have decimated the post-acute care industry, leading to more than 7,000 patient discharges, the loss of more than 4,000 health care jobs, and the closure of 24 businesses as of April 2022, according to an independent study conducted by the nonprofit health institute MPHI.
A broad and bipartisan coalition of crash survivors, care providers, hospitals and health systems, disability advocacy organizations at the state and federal levels, and at least 36 county commissions across the state have advocated for a reasonable solution that would protect crash survivors without impacting cost-saving features of the new auto insurance law, including utilization review, fraud authority, and choice of Personal Injury Protection (PIP) levels.
While a final Supreme Court decision in the Andary et al. v USAA Casualty Insurance Company et al. lawsuit—which will determine the constitutionality of the retroactive application of the new auto insurance law—is expected this summer, Judd said it should have no bearing on the need for a legislative fix.
“All Michigan drivers who choose unlimited benefits deserve access to the care they need, regardless of when their accident occurred,” Judd said. “An inclusive and comprehensive solution can only come from the legislature. When signing the reform law on the steps of the Grand Hotel, Gov. Whitmer and legislative leaders acknowledged that the reform law was not perfect and would need enhancements. Since then, the Governor has made public comments expressing her desire to have a solution to restore care for crash survivors brought to her desk. Now she has her party in the majority and several supportive legislators in the minority. As our leaders meet in Mackinaw and prepare for their summer break, we renew our call for an urgent solution. It is past due and there are no more excuses.”
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Members of the Michigan Brain Injury Provider Council are committed to providing high quality, ethical rehabilitation services, with the mission of achieving the best outcomes for patients. As a trade association established in 1987 and based in Brighton, Michigan, MBIPC offers resource-sharing, information exchange, professional development and education, advocacy for brain injury standards of care and legislation protecting Michigan families, and the promotion of ethical conduct. For more information, go to mbipc.org, and connect with MBIPC on Facebook, Twitter and Instagram.