The Fight for the Right to Recover Continues
During the most recent legislative session, several House and Senate bills were introduced that offered long-term, budget-neutral solutions enabling the continued care of auto crash survivors without changing any other aspect of the 2019 insurance reforms, including consumer cost protections. None of those bills got so much as a hearing.
Instead, the House and Senate passed SB 28—an ill-conceived, short-term solution to the problems caused by the fee schedule and attendant care cap. Meant to be a $25 million “assistance fund” for affected providers, who are already shuttering their clinics and discharging patients after the 45% pay cut that went into effect on July 1, it’s grossly underfunded and requires a burdensome, uncertain application process defined by the Department of Insurance and Financial Services. The $25 million comes from taxpayer dollars and, most egregiously, SB 28 does very little to stem the loss of access to the post-acute rehabilitative care that thousands of crash survivors rely on, to not only survive but thrive.
In the meantime, victims are suffering. In order to track the fallout from this humanitarian crisis, the Michigan Brain Injury Provider Council has launched the #MiCareCrisis Impact Dashboard, which is being updated every week. The dashboard includes key metrics such as the number of patients displaced, the number of jobs lost, and the number of companies forced to stop caring for patients with auto insurance funding. It also features personal stories of those affected—you can view the dashboard here.
But please know that this fight is far from over. Here’s how you can help as we work together to fix the provider fee schedule and the 56-hour cap on family and friend-provided attendant care—the most egregious aspects of auto insurance reform.
First, we are asking that you continue to get involved and make your voices heard! Below is a link to an easy tool for sending an email to your Senator, House member, and the Governor. If you’re not sure who represents you, that information will automatically appear after you type in your address. You are encouraged to add a personal message and change the subject line of your email. Here’s the link to the Take Action tool: https://protectnofault.org/take-action
Legislators often meet with constituents back in their districts during summer break. This presents valuable opportunities to share your story face to face—the impact of no-fault changes on you, your loved ones, and your business or the treatment services you offer. Click here for a list of scheduled events. Please take advantage of your chance to remind lawmakers about the right to recover, if you’re an auto crash survivor, or the loss of business viability and having to issue pink slips to frontline workers if you’re a provider; let them see that you’re a real person with meaningful concerns.
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Tips for preparing to meet with lawmakers
First and foremost, remember that YOU are the expert. It’s your story and you’ve lived it.
DO
Tell the truth and speak from the heart
Make eye contact as you’re telling your story
Be respectful
Use a positive tone and be mindful of your volume
Let the story take center stage, not your emotions
Begin and end your meetings with, “Thank you for taking the time to listen to my story.”
Be prepared to respectfully disagree. Don’t argue.
Always end on a positive note by thanking the legislator for his or her time.
DON’T
Guess.
Instead, say: “I don’t know, but I will make sure I follow up and get you that information or find someone who can.” (CPAN is here to help with any needed follow-up.)
BE PREPARED
To be interrupted
To feel nervous the first few times
Not to have the answer to every question
To share your story.
How has your injury or your loved one’s injury affected you, your family, your business, or your ability to provide care and services? Physically, emotionally, psychologically, financially—how will the fee schedule or 56 hour limit on attendant care impact you or your loved one’s quality of life, independence, and access to care?
Take just a few moments to send an email, pick up the phone, or, best of all, attend an in-person “coffee hour” or other public meeting this summer to meet your legislator face to face. You can view a list of legislator coffee hours here.
MAKE YOUR VOICE HEARD!
Thank you for your continued efforts.
What should you do if your services or supports are reduced, terminated, or moved as a result of the fee schedule?
The Brain Injury Association of Michigan, which is committed to providing timely and accurate information in this time of crisis, has the following suggestions:
Contact your auto insurer’s case manager to find out if they can help you respond.
Contact the attorney who represented you in your no-fault claim to explore any legal options you may have.
Contact your claims adjuster, who may have ideas.
Contact the Michigan Department of Insurance and Financial Services to inquire about filing a complaint. Click here to access the department’s online filing tool.
Ask for any decisions to be provided to you in writing.
If you are receiving a Medicaid service, you may have appeal rights. Contact your case manager.
Contact your state legislator and share your experience.