April 12, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3107 (MCL 500.3107), as amended by 1991 PA 191.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3107. (1) Except as provided in subsection (2), personal
protection insurance benefits are payable for the following:
(a) Allowable expenses consisting of all reasonable charges
incurred for reasonably necessary products, services and
accommodations for an injured person's care, recovery, or
rehabilitation. Allowable expenses within personal protection
coverage shall not include
charges any of the following:
(i) Charges for a hospital room in excess of a reasonable and
customary charge for semiprivate accommodations except if the
person requires special or intensive care.
, or for funeral
(ii) Funeral and burial expenses in excess of the amount set
forth in the policy which shall not be less than $1,750.00 or more
(iii) The medical use of marihuana.
(b) Work loss consisting of loss of income from work an
injured person would have performed during the first 3 years after
the date of the accident if he or she had not been injured. Work
loss does not include any loss after the date on which the injured
person dies. Because the benefits received from personal protection
insurance for loss of income are not taxable income, the benefits
payable for such loss of income shall be reduced 15% unless the
claimant presents to the insurer in support of his or her claim
reasonable proof of a lower value of the income tax advantage in
his or her case, in which case the lower value shall apply.
March 30, 1973, For the
period beginning October 1, 2010
through September 30, 2011, the benefits payable for work loss
sustained in a single 30-day period and the income earned by an
injured person for work during the same period together shall not
$1,000.00 $4,290.00, which maximum shall apply pro rata to
lesser period of work loss. Beginning October 1,
maximum shall be adjusted annually to reflect changes in the cost
of living under rules prescribed by the commissioner but any change
in the maximum shall apply only to benefits arising out of
accidents occurring subsequent to the date of change in the
(c) Expenses not exceeding $20.00 per day, reasonably incurred
in obtaining ordinary and necessary services in lieu of those that,
if he or she had not been injured, an injured person would have
performed during the first 3 years after the date of the accident,
not for income but for the benefit of himself or herself or of his
or her dependent.
(2) A person who is 60 years of age or older and in the event
of an accidental bodily injury would not be eligible to receive
work loss benefits under subsection (1)(b) may waive coverage for
work loss benefits by signing a waiver on a form provided by the
insurer. An insurer shall offer a reduced premium rate to a person
who waives coverage under this subsection for work loss benefits.
Waiver of coverage for work loss benefits applies only to work loss
benefits payable to the person or persons who have signed the