Andary Decision Represents a Win for Crash Survivors, but a Legislative Fix is Still Needed
Crash survivors, regardless of the date of their injuries, deserve access to the care they need
BRIGHTON, Mich.—(July 31, 2023)—Tom Judd, the executive director of the Michigan Brain Injury Provider Council (MBIPC), today released the following statement in response to the Michigan Supreme Court’s decision in Andary et al. v USAA Casualty Insurance Company et al.
“The Michigan Brain Injury Provider Council appreciates the tireless efforts of Ellen Andary, Phillip Krueger, the Eisenhower Center and their legal advocates to fight for justice and endure the long judicial process. Today justice was served as the Michigan Supreme Court upheld the ruling of the Court of Appeals stating that the fee cap system implemented in Public Act 21 of 2019 cannot be applied to injured people covered under an auto insurance policy issued before the reforms took effect on June 11, 2019.
Stephen Sinas, Board President of MBIPC further added: “This decision today preserves the rights of thousands of injured people to have their no-fault medical care benefits paid under the reasonable and customary charge standards that applied to their benefits under the original Michigan No-Fault Law and their no-fault insurance policy. This decision is not only a win for these injured people, it’s also a win for all consumers, because it means the existing rights consumers have under contracts, such as insurance policies, are better protected from legislative interference.
While reimbursement for essential services for injured people covered under a no-fault policy before June 11, 2019, will return to the standard that limited providers to ‘reasonable’ and ‘customary’ charges, today’s action does not provide a solution for Michigan drivers who chose a policy with lifetime benefits and were injured after June 11, 2019. That relief can only be provided by the legislature.
For over two years, crash survivors, their family members and support systems, providers of essential rehabilitation services and care, and disability advocates at the state and federal levels have pleaded for a narrow fix to the law so that crash victims—regardless of the date of their injuries—have access to the care they need. The responsibility to accomplish this has always been with the legislature, and the court’s ruling today does not change that.
An arbitrary reduction in reimbursement rates by nearly 50% for people injured after June 11, 2019 is not just and it cannot sustain the continuum of care auto crash survivors need. The legislature must act swiftly to implement a solution that is fair, reasonable, sustainable, and that ends the care crisis for people injured in car crashes after June 11, 2019.
While the auto insurance industry continues to defend the draconian fee cap system and its devastating impact on crash survivors, offering no acknowledgment of the calamity, MBIPC and its coalition partners continue to offer solutions and urges the legislature to act now. We are hopeful that the Governor has been genuine with past comments expressing a desire to have a solution on her desk and we are optimistic this legislature will deliver with urgency.”
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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.