SENATE BILL No. 321

 

 

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

 

insurance 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

 

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.

 

     (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.

 

Beginning 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

 

exceed $1,000.00 $4,290.00, which maximum shall apply pro rata to

 

any lesser period of work loss. Beginning October 1, 1974 2011, 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) 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.