Commentary: On auto insurance, legislators did listen | Crain's Detroit Business

2022-09-17 13:20:27 By : Ms. Sales Vigorhood

A recent opinion piece by Tom Judd of the Michigan Brain Injury Provider Council (Crain's, Sept. 12) falsely claims lawmakers are standing by idly while the sky falls because of the 2019 bi-partisan auto no-fault reforms. That couldn't be further from the truth.

Michigan's broken, outdated auto no-fault system was a welcome mat for fraud, encouraging overcharging and overutilization of medical services by hospitals and other medical providers. Making matters worse, Michigan was also the only state in the nation to require that drivers purchase unlimited, lifetime medical benefits with their auto insurance policy — the main culprit in Michigan's exorbitant auto insurance premiums.

Lawmakers listened and the 2019 reforms brought much needed relief to Michiganders. Recently, more than 7 million insured Michigan drivers, including businesses across the state with vehicle fleets, received the largest refund in state history. The $400 per-vehicle refunds from the Michigan Catastrophic Claims Association would not have been possible without these bipartisan reforms, which have saved Michigan drivers an estimated $5 billion so far. Once the most expensive state in the country for auto insurance, reforms have helped to lower Michigan rates, as evidenced by a recent Insure.com ranking of auto insurance by state, and data from the Department of Insurance and Financial Services on the mandated personal injury protection reductions.

Because lawmakers listened, more Michigan residents are buying auto insurance than ever before, with over 202,000 new drivers purchasing car insurance since reforms took effect. More than 50 new insurance companies have entered the Michigan insurance market, which further drives down costs by creating competition — another win for consumers.

Recognizing changes were being made to a broken system that had not been updated for nearly 40 years, lawmakers listened by building a $25 million appropriation in 2021-2022 for the long-term care industry. This would act as a stopgap for businesses that were struggling to transition, yet today only one organization has fully completed the application. DIFS created a rapid response program to make sure no one who needed care was without. The system has seen 126 formal attendant care complaints filed with DIFS since July 1, 2021, with 119 of those resolved.

The Legislature tackled the issue of auto no-fault reform not for medical providers and not for insurance companies. Lawmakers listened to their constituents who were struggling to afford auto insurance. The escalating cost of insurance was a direct result of a system that allowed medical providers to charge without limit for their services. This created an industry in Michigan that exists nowhere else in the country. When you have an unlimited benefit and an unlimited amount that can be charged, you are left with an unaffordable and unsustainable system, which is far outside the scope of the normal medical system. But don't take the Insurance Alliance of Michigan's word for it. The preponderance of data that exists on this issue — data that led to the Legislature taking action to try and control this system — is extensive.

Contrary to what Judd asserts, mounds of evidence illustrating this out-of-control system was provided in testimony by the Michigan Catastrophic Claims Association and The city of Detroit, and exposed and investigated by media outlets like the Detroit Free Press. The nonpartisan Citizens Research Council also produced a report on the subject. Examples of this abuse include: medical providers charged $3,200 for an MRI when billed to auto insurance, yet the same MRI by the same doctor at the same facility cost only $500 when billed to Medicare. Read the testimonies for more examples of this overcharging and it's no wonder Michigan had the most expensive auto insurance in the nation.

The issue is not about injured claimants' access to care, but of providers demanding a particular level of compensation from insurers. Both before and after the 2019 reforms, insurers have remained liable to pay for reasonable and medically necessary care for those injured in auto accidents in Michigan.

Despite efforts by some to turn back the clock on reforms, the facts and data compel us to recognize lawmakers listened. Their bipartisan reforms created savings, cracked down on fraud, curtailed overcharging and gave Michigan consumers a choice. We urge lawmakers in both parties to stay the course and let these reforms keep working.

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