May 21, 2015, Introduced by Senator YOUNG and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3107 (MCL 500.3107), as amended by 2012 PA 542.
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 do not include either of the following:
(i) Charges for a hospital room in excess of a reasonable and
customary
charge for semiprivate accommodations except if unless
the injured person requires special or intensive care.
(ii) Funeral and burial expenses in excess of the amount set
forth
in the policy, which shall must 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. 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 may not exceed $5,189.00, which maximum shall
apply
applies pro rata to any lesser period of work loss.
Beginning
October 1, 2013, the maximum shall be adjusted annually to reflect
changes in the cost of living under rules prescribed by the
commissioner
director, but any change in the maximum shall apply
applies 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) 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 subdivision 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 if the use is in compliance with the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.