Paralyzed Veterans of America, Michigan Chapter, Warned Lawmakers About Accident Victims Loosing Access

In this letter sent to Michigan legislators on June 16, 2021, the MPVA warns of the #MICareCrisis about to unfold by auto reform, urging legislators to enact a fix for PA-21.

Full letter available here: MPVA+Letter+of+Support


“June 16, 2021


Paralyzed Veterans of America

Michigan Chapter

46701 Commerce Center Drive
Plymouth, MI 48170


Senator Tom Barrett
P.O. Box 30036
Lansing, MI 48909-7536


RE: Without a fix to the PA-21 Fee Schedule which takes effect July 1, Michigan Paralyzed
Veterans will lose access to needed care.

I am writing this on behalf of the Michigan Paralyzed Veterans of America (MPVA) to express my
concern over access to care that current and future accident victims will have for their recovery,
rehabilitation, safety, and health if the new no-fault fee schedule issue is not immediately addressed.
To prevent a statewide catastrophic loss of specialized care and services, MPVA urges you and the
Michigan Legislature to address this problem by passing legislation, HB 4992, SB 314 (and its
counterpart HB 4486), any of which will offer viable solutions to remedy this pending health crisis facing
our state.
We implore the legislature to act so thousands of vulnerable citizens are not displaced and left with no
practical or equitable substitution for the specialized care they are receiving in residential and community-
based settings. These specialized services are not available in nursing homes or other long-term care
settings and the staff in these new settings have not been trained to meet the unique needs of people with
traumatic injuries and in some cases, resulting behavioral issues.
Medical providers, particularly those who care for the most severely injured, such as spinal cord injury
victims, brain injury victims, and those with other complicated and comprehensive medical care needs,
are now faced with the reality that, after July 1, 2021, their reimbursement amount could be cut by as
much as 45%.
Any small, mid-sized, or large business likely could not survive on 45% less revenue than the year before.
Our members were promised lifetime PIP benefits at the time of our automobile accident and have not
been given the whole truth about no-fault reform. Yes, technically one can say that people still have
lifetime PIP benefits, but the long-term care benefits will be paid at 55 percent going forward, which
removes true access to long-term care. These benefits do not have value if there is not a care provider to
accept the extremely low payment.
MPVA members paid their premiums on time, in some cases for decades, before an auto accident
disrupted their lives. At the time, their no-fault coverage guaranteed that all necessary medical care in
case of a catastrophic auto accident would be provided for as long as it was needed.
Their policies required reimbursement for all reasonably necessary attendant care services regardless of
the identity of the attendant care provider and all reasonably necessary products, services, and
accommodations regardless of any government-imposed fee schedule. These were the benefits in place of
the date of their accident.
Now our State government is retroactively altering those rights in violation of the pre-existing contractual
obligations between the injured individual and their insurance company. MPVA believes that the
retroactive application of these two main provisions to individuals injured in an automobile crash prior to
the date the new law went into effect is unlawful.
MPVA members know firsthand, from personal experience, that recovery from a spinal cord injury (SCI)
involves significant challenges and important choices; and where an individual goes for treatment can
make all the difference. Our members have been able to pursue physical therapy, at clinics of their
choosing, without artificially imposed caps on visits typical of most insurance plans. This has allowed our
members to have access to the necessary resources, expertise, and equipment needed to build strength,
gain function and mobility, and maximize independence.
Because of Michigan No-fault, we have more accredited facilities, programs, and professionals here in
Michigan than anywhere else in the United States. Just as important, a cutting-edge spinal cord/brain
injury rehabilitation industry has been created allowing Michigan to become a spinal cord/brain injury
rehabilitation center of excellence which has allowed our citizens to return to their communities as
productive citizens. All of this is truly our legacy that everyone in Michigan should embrace.
The Michigan model for no fault auto insurance was designed to make patient care the priority. What is
the value of such a policy if it does not have the coverage and resources you will need if you are seriously
injured in an automobile accident and have nowhere to go? It has no value. Therefore, it is insulting for
insurance companies to take citizens money and give them no value in return.
Long-term care providers do not just provide care to people seriously injured in an automobile accident,
but to others in the disability community like seniors, veterans, and persons with other serious injuries,
such as COVID-19. The loss of these services will impact far more then auto injury patients.
It is not too late for legislators to “Fix the Fix” — to ensure this new plan will protect the thousands of
current auto accident victims and so many yet to be injured in the future. President Kennedy, while
speaking before the American Newspaper Publishers Association, stated the following, “An error doesn’t
become a mistake until you refuse to correct it.” Let take what President Kennedy said in 1961 and apply
it to the debate currently taking place regarding the unattended consequences that were created with the
passage of Public Act 21 of 2019.
Legislation (HB 4992, SB 314 & HB 4486) has been introduced that would resolve the reimbursement
provisions for rehabilitation clinics and other non-Medicare compensable services. These fee schedule
fixes create rate schedules that will allow Michigan providers to continue providing services and will not
leave catastrophically injured without the care that they relied on. Each provide a technical fix to the fee
schedule problem and do not make sweeping changes to law.
MPVA has no interest in putting insurance companies out of business. They provide a valuable service.
But we owe it to all Michigan residents who have been and/or will be seriously injured in automobile
crashes in the future to find meaningful solutions that maintains the integrity of the program while at the
same time reduce rates.
For MPVA, health care is not a political issue. In many cases, it is literally a matter of life and death. We
are unconcerned with partisan arguments or political affiliations. We simply want our legislators to get it
right. They need to be honest about what is working, what needs fixing and how to fix it.
Legislators need to solve the inequity that PA 19 of 2019 has created that could force some post-acute
rehabilitation clinics, home health agencies, transportation services, and other non-Medicare compensable
services across the State out of business or unable to accept patients covered under auto no-fault if the fee
schedule reimbursement are not properly addressed.
The services provided by these facilities and providers are heavily relied on by accident victims and their
families. Without them, both current and future patients will have severely limited access to the quality
treatment they not only need but deserve.
The Michigan Legislature has the power to right this wrong while still maintaining the objectives set forth
with the auto insurance reform of 2019. For survivors of catastrophic auto accidents waiting is not an


Michael F Harris
Michael F Harris, President
Michigan Paralyzed Veterans of America

Representative Jason Wentworth
Representative Daire Rendon
Representative Ryan Berman
Representative Robert Bezotte
Representative TC Clements
Representative Matt Hall
Representative Bronna Kahle
Representative Beau LaFave
Representative Luke Meerman
Representative Bryan Posthumus
Representative Mark Tisdal
Representative Brenda Carter
Representative Sarah Anthony
Representative Kyra Harris Bolden
Representative Kelly Breen
Representative Kevin Coleman
Representative Richard Steenland
Representative Lori Stone
Senator Mike Shirkey
Senator Lana Theis
Senator Dan Lauwers
Senator Kim LaSata
Senator Aric Nesbitt
Senator Ken Horn
Senator Erika Geiss
Senator Marshall Bullock
Senator Mallory McMarrow”