The Michigan appeals court has issued a major ruling affecting long-term victims of car crashes. The court says changes in auto insurance law can’t be applied retroactively to people who were severely injured before summer 2019. It’s a victory for people who are still recovering and their care providers. Michigan Home Care Association President Barry Cargill tells us home care reimbursements were cut by 45% in the law, leaving those who have severe injuries in the cold.
“Patients are not getting access to care,” Cargill said. “They paid for that in their auto premiums, and then they were severely injured in an auto crash, and then the Legislatures passes a law that provides them the benefit of their coverage, but at a reimbursement where they cannot access it.”
Cargill says the Legislature needs to fix the home care issue, telling us there’s $27 billion in the Catastrophic Claims Fund, meaning changing the home care issue wouldn’t drastically change the overall law. Cargill says this week’s court victory helps those hurt before 2019, but not after. He expects the issue to be appealed to the Michigan Supreme Court.
