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MI HB5870
Bill
Status
3/2/2022
Primary Sponsor
Ryan Berman
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AI Summary
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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.
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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.
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Adds new subsection (15) to section 3157 stating that payment rate limitations only apply if benefits are not overdue under section 3142.
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Clarifies that payment rates under the reimbursement cap structure are not admissible in actions against insurers for overdue benefits.
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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