Brain Injury Association of America Urges Quick Passage of Bills to Protect Accident Victims’ Access to Vital Post-Acute Care

Legislation offers narrow fix to auto insurance law while preserving lower costs 

BRIGHTON, Mich.—(April 21, 2021)— The Brain Injury Association of America, a national nonprofit that works to advance awareness, research, treatment and education for all people affected by a brain injury, has urged Michigan’s Legislature to pass bills that will protect access to rehabilitative care for thousands of residents who have been severely injured in auto accidents. 

Senate Bill 314, introduced by Senator Curtis Hertel, Jr., of East Lansing, and House Bill 4486, introduced by Rep. Doug Wozniak, of Shelby Township, provide a narrow fix for an unintended consequence of the 2019 auto insurance law: a fee schedule that slashes insurance reimbursements for complex post-acute care nearly in half. The bills accomplish this without changing any other aspect of the 2019 auto insurance reforms whatsoever.

However, if the fee schedule is enacted as planned on July 1, 2021, the dramatic cuts will force small businesses serving vulnerable patients with devastating brain injuries—many in rural areas with limited options—to close, giving thousands of frontline workers pink slips and throwing patients and their families into unnecessary chaos. 

The BIAA sent letters to Michigan legislators imploring them to act before brain injury patients lose access to the comprehensive, specialized treatment they need to “maximize health, function, independence and community participation,” the letter stated. Founded in 1980, the BIAA is the leading national organization serving the 2.8 million Americans who sustain a traumatic brain injury each year, as well as their families and providers.

“Brain injury requires access to a full continuum of treatment and community-based support,” the BIAA said in its letter. “We urge the Legislature to act so that thousands of vulnerable citizens are not displaced and left with no viable or equitable substitution for the specialized care they are receiving.”

The BIAA joins other national organizations calling attention to the plight of Michigan’s accident victims. The Christopher and Dana Reeve Foundation recently sent a letter to Michigan legislative leaders, calling for quick passage of HB 4486 and SB 314, writing that “we believe if the legislature waits until the fee schedule is implemented, it will compound the precarious situation providers have been dealing with during the pandemic and leave patients without the care they need to maintain a life of dignity and independence.”

Tom Judd—president of the Michigan Brain Injury Provider Council, which represents health care professionals and facilities that care for people with severe brain injuries—welcomed the support from the BIAA.

“Advocates and organizations around the country are taking notice of what’s happening here in Michigan,” Judd said. “Without an immediate fix, thousands of accident victims will suffer needlessly. There’s no time to wait—lives are on the line.”

MBIPC recently conducted a statewide survey to measure the potential impact the non-Medicare fee schedule would have. The results were dire: a staggering 86% of post-acute care facilities have no or very little confidence that they can continue to operate their businesses. Meanwhile, there are roughly 6,000 patients expected to lose care if their providers are forced to close, and some of these patients are too severely injured to be cared for at home.