SB-0321, As Passed House, December 12, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 321
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
insurance
coverage shall not include charges either of the
following:
(i) Charges for a hospital room in excess of a reasonable and
customary charge for semiprivate accommodations except if the
injured
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
than $5,000.00.
(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.
Beginning
March 30, 1973, For the period
beginning October 1, 2012
through September 30, 2013, 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
exceed
$1,000.00 $5,189.00, which maximum shall apply pro rata to
any
lesser period of work loss. Beginning October 1, 1974 2013,
the
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
maximum.
(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) Both of the following apply to personal protection
insurance benefits payable under subsection (1):
(a)
(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 waiver form.
(b) An insurer shall not be required to provide coverage for
the medical use of marihuana or for expenses related to the medical
use of marihuana.