| 1 | 1 | | HOUSE BILL NO. 5308 A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3107c (MCL 500.3107c), as added by 2019 PA 22. the people of the state of michigan enact: Sec. 3107c. (1) Except as provided in sections 3107d and 3109a, and subject to subsection (5), for an insurance policy that provides the security required under section 3101(1) 3101 and is issued or renewed after July 1, 2020, the applicant or named insured shall, in a way required under section 3107e and on a form approved by the director, select 1 of the following coverage levels for personal protection insurance benefits under section 3107(1)(a): (a) A limit of $50,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). The selection of a limit under this subdivision is only available to an applicant or named insured if both of the following apply: (i) The applicant or named insured is enrolled in Medicaid, as that term is defined in section 3157. (ii) The applicant's or named insured's spouse and any relative of either who resides in the same household has qualified health coverage, as that term is defined in section 3107d, is enrolled in Medicaid, or has coverage for the payment of benefits under section 3107(1)(a) from an insurer that provides the security required by section 3101(1).3101. (b) A limit of $250,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). (c) A limit of $500,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). (d) No limit for personal protection insurance benefits under section 3107(1)(a). (2) The form required under subsection (1) must do all of the following: (a) State, in a conspicuous manner, the benefits and risks associated with each coverage option. (b) Provide a way for the applicant or named insured to mark the form to acknowledge that he or she has read the form and understands the options available. (c) Allow the applicant or named insured to mark the form to make the selection of coverage level under subsection (1). (d) Require the applicant or named insured to sign the form. (3) If an insurance policy is issued or renewed as described in subsection (1) and the applicant or named insured has not made an effective selection under subsection (1) but a premium or premium installment has been paid, there is a rebuttable presumption that the amount of the premium or installment paid accurately reflects the level of coverage applicable to the policy under subsection (1). (4) If an insurance policy is issued or renewed as described in subsection (1), the applicant or named insured has not made an effective selection under subsection (1), and a presumption under subsection (3) does not apply, subsection (1)(d) applies to the policy. (5) The coverage level selected under subsection (1) applies to the named insured, the named insured's spouse, and a relative of either domiciled in the same household, and any other person with a right to claim personal protection insurance benefits under the policy. (6) If benefits are payable under section 3107(1)(a) under 2 or more insurance policies, the benefits are only payable up to an aggregate coverage limit that equals the highest available coverage limit under any 1 of the policies. (7) This section applies for a transportation network company vehicle, but an applicant or named insured that is a transportation network company shall only select limits under either subsection (1)(b), (c), or (d). As used in this subsection: (a) "Transportation "Personal vehicle", "transportation network company", means that term "transportation network company digital network", and "transportation network company prearranged ride" mean those terms as defined in section 2 of the limousine, taxicab, and transportation network company act, 2016 PA 345, MCL 257.2102. (b) "Transportation network company vehicle" means that term as defined in section 3114.a personal vehicle while the driver is logged on to the transportation network company digital network or while the driver is engaged in a transportation network company prearranged ride. (8) An insurer shall offer, for a policy that provides the security required under section 3101(1) 3101 to which a limit under subsection (1)(a) to (c) applies, a rider that will provide coverage for attendant care in excess of the applicable limit. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5307 (request no. 04691'23) of the 102nd Legislature is enacted into law. |
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| 23 | 23 | | HOUSE BILL NO. 5308 |
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| 27 | 27 | | A bill to amend 1956 PA 218, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "The insurance code of 1956," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending section 3107c (MCL 500.3107c), as added by 2019 PA 22. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 3107c. (1) Except as provided in sections 3107d and 3109a, and subject to subsection (5), for an insurance policy that provides the security required under section 3101(1) 3101 and is issued or renewed after July 1, 2020, the applicant or named insured shall, in a way required under section 3107e and on a form approved by the director, select 1 of the following coverage levels for personal protection insurance benefits under section 3107(1)(a): |
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| 36 | 36 | | |
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| 37 | 37 | | (a) A limit of $50,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). The selection of a limit under this subdivision is only available to an applicant or named insured if both of the following apply: |
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| 38 | 38 | | |
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| 39 | 39 | | (i) The applicant or named insured is enrolled in Medicaid, as that term is defined in section 3157. |
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| 40 | 40 | | |
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| 41 | 41 | | (ii) The applicant's or named insured's spouse and any relative of either who resides in the same household has qualified health coverage, as that term is defined in section 3107d, is enrolled in Medicaid, or has coverage for the payment of benefits under section 3107(1)(a) from an insurer that provides the security required by section 3101(1).3101. |
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| 43 | 43 | | (b) A limit of $250,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). |
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| 45 | 45 | | (c) A limit of $500,000.00 per individual per loss occurrence for any personal protection insurance benefits under section 3107(1)(a). |
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| 46 | 46 | | |
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| 47 | 47 | | (d) No limit for personal protection insurance benefits under section 3107(1)(a). |
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| 48 | 48 | | |
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| 49 | 49 | | (2) The form required under subsection (1) must do all of the following: |
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| 50 | 50 | | |
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| 51 | 51 | | (a) State, in a conspicuous manner, the benefits and risks associated with each coverage option. |
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| 52 | 52 | | |
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| 53 | 53 | | (b) Provide a way for the applicant or named insured to mark the form to acknowledge that he or she has read the form and understands the options available. |
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| 54 | 54 | | |
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| 55 | 55 | | (c) Allow the applicant or named insured to mark the form to make the selection of coverage level under subsection (1). |
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| 56 | 56 | | |
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| 57 | 57 | | (d) Require the applicant or named insured to sign the form. |
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| 58 | 58 | | |
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| 59 | 59 | | (3) If an insurance policy is issued or renewed as described in subsection (1) and the applicant or named insured has not made an effective selection under subsection (1) but a premium or premium installment has been paid, there is a rebuttable presumption that the amount of the premium or installment paid accurately reflects the level of coverage applicable to the policy under subsection (1). |
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| 60 | 60 | | |
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| 61 | 61 | | (4) If an insurance policy is issued or renewed as described in subsection (1), the applicant or named insured has not made an effective selection under subsection (1), and a presumption under subsection (3) does not apply, subsection (1)(d) applies to the policy. |
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| 62 | 62 | | |
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| 63 | 63 | | (5) The coverage level selected under subsection (1) applies to the named insured, the named insured's spouse, and a relative of either domiciled in the same household, and any other person with a right to claim personal protection insurance benefits under the policy. |
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| 64 | 64 | | |
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| 65 | 65 | | (6) If benefits are payable under section 3107(1)(a) under 2 or more insurance policies, the benefits are only payable up to an aggregate coverage limit that equals the highest available coverage limit under any 1 of the policies. |
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| 66 | 66 | | |
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| 67 | 67 | | (7) This section applies for a transportation network company vehicle, but an applicant or named insured that is a transportation network company shall only select limits under either subsection (1)(b), (c), or (d). As used in this subsection: |
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| 68 | 68 | | |
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| 69 | 69 | | (a) "Transportation "Personal vehicle", "transportation network company", means that term "transportation network company digital network", and "transportation network company prearranged ride" mean those terms as defined in section 2 of the limousine, taxicab, and transportation network company act, 2016 PA 345, MCL 257.2102. |
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| 70 | 70 | | |
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| 71 | 71 | | (b) "Transportation network company vehicle" means that term as defined in section 3114.a personal vehicle while the driver is logged on to the transportation network company digital network or while the driver is engaged in a transportation network company prearranged ride. |
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| 72 | 72 | | |
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| 73 | 73 | | (8) An insurer shall offer, for a policy that provides the security required under section 3101(1) 3101 to which a limit under subsection (1)(a) to (c) applies, a rider that will provide coverage for attendant care in excess of the applicable limit. |
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| 74 | 74 | | |
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| 75 | 75 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5307 (request no. 04691'23) of the 102nd Legislature is enacted into law. |
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