Loading chat...

MI HB5870

Bill

Status

Introduced

3/2/2022

Primary Sponsor

Ryan Berman

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Replaces 12% simple interest penalty for overdue personal protection insurance benefits with treble damages (3x the overdue amount) plus reasonable attorney fees if insurer acted in bad faith.

  • Establishes rebuttable presumption of bad faith if payment is more than 90 days overdue, with bad faith determination based on totality of evidence at time claim became overdue.

  • Adds new subsection (15) to section 3157 stating that payment rate limitations only apply if benefits are not overdue under section 3142.

  • Clarifies that payment rates under the reimbursement cap structure are not admissible in actions against insurers for overdue benefits.

  • Makes technical correction updating Medicaid citation reference from 42 USC 1396w-5 to 1396w-6.

Legislative Description

Insurance: no-fault; overdue payments of benefits; revise penalties. Amends secs. 3142 & 3157 of 1956 PA 218 (MCL 500.3142 & 500.3157).

Insurance: no-fault

Last Action

Referred To Committee On Rules And Competitiveness

5/19/2022

Committee Referrals

Rules And Competitiveness5/19/2022
Insurance3/2/2022

Full Bill Text

No bill text available