The State of the Michigan Assigned Claims Plan

Holli LaJoice, Michigan Assigned
Claims Plan Manager
Why the transition?
 In 1997 the Assigned Claims Assessment
was $37.7 million.
 By 2011 the Assigned Claims Assessment
was $172.7 million.
 That is a total increase of 358% over a 14
year period. This was not ignored.
 According Dr. Gary Wolfram, the director
of economics at Hillsdale College, in
October of 2010 it was determined that
the Assigned Claims Assessment was 2.4
times that of the consumer purchased
policy’s PIP payments.
Year Over
Year
Year
Assessment
2015
$238,737,085
4.82%
2014
$227,748,456
.44%
2013
$226,759,696
10.94%
2012
$204,401,454
18.33%
2011
$172,733,186
7.94%
2010
$160,023,835
7.79%
2009
$148,455,608
4.97%
2008
$141,423,725
9.66%
2007
$128,962,504
7.72%
2006
$119,721,603
17.11%
2005
$102,232,840
23.24%
2004
$82,955,356
16.56%
The Transition
 On June 26, 2012 Governor Rick Snyder
signed into law House Bill Number
4455.
 On December 17, 2012 the operations
of the Assigned Claims Plan was
transferred to the Michigan
Automobile Insurance Placement
Facility (MAIPF).
Assigned Claims Plan Michigan No
Fault Statutes
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The statutes that apply to specifically to the MACP are MCL 500.3171-3178. www.legislature.mi.gov
(enter the statute number on the “MCL Section.”
Pertinent statutes to medical providers:
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MCL 500.3172 (1)-A person entitled to claim because of accidental bodily injury arising out of the
ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle in this state may
obtain personal protection insurance benefits through the assigned claims plan if no personal
protection insurance is applicable to the injury, no personal protection insurance applicable to the injury
can be identified, the personal protection insurance applicable to the injury cannot be ascertained
because of a dispute between 2 or more automobile insurers concerning their obligation to provide
coverage or the equitable distribution of the loss, or the only identifiable personal protection insurance
applicable to the injury is, because of financial inability of 1 or more insurers to fulfill their obligations,
inadequate to provide benefits up to the maximum prescribed.
MCL 500.3172 (2)-Except as otherwise provided in this subsection, personal protection insurance
benefits, including benefits arising from accidents occurring before March 29, 1985, payable through
the assigned claims plan shall be reduced to the extent that benefits covering the same loss are
available from other sources, regardless of the nature or number of benefit sources available and
regardless of the nature or form of the benefits, to a person claiming personal protection insurance
benefits through the assigned claims plan…. "sources" and "benefit sources" do not include the
program for medical assistance for the medically indigent under the social welfare act, 1939 PA 280,
MCL 400.1 to 400.119b, or insurance under the health insurance for the aged act, title XVIII of the social
security act, 42 USC 1395 to 1395kkk-1.
Michigan No Fault Statutes
Continued…
 MCL 500.3173- A person who because of a limitation or exclusion in sections 3105 to
3116 is disqualified from receiving personal protection insurance benefits under a
policy otherwise applying to his accidental bodily injury is also disqualified from
receiving benefits under the assigned claims plan.
 MCL 500.3173a(1)-The Michigan automobile insurance placement facility shall make an
initial determination of a claimant's eligibility for benefits under the assigned claims
plan and shall deny an obviously ineligible claim. The claimant shall be notified
promptly in writing of the denial and the reasons for the denial.
 MCL 500.3173a(2)-A person who presents or causes to be presented an oral or written
statement, including computer-generated information, as part of or in support of a
claim to the Michigan automobile insurance placement facility for payment or another
benefit knowing that the statement contains false information concerning a fact or
thing material to the claim commits a fraudulent insurance act under section 4503 that
is subject to the penalties imposed under section 4511. A claim that contains or is
supported by a fraudulent insurance act as described in this subsection is ineligible for
payment or benefits under the assigned claims plan.
 MCL 500.3174- One year notice provision
The Structure of the MACP
 Directed by a Board of Governors:
 2 Public Representatives(appointed by the insurance commissioner)
 2 Insurance Agent Representatives (appointed by the insurance
commissioner)
 7 Representatives from Michigan Insurance Companies
 Additionally, there is one Department of Insurance Representative in
attendance at all meetings
 The administration of the MACP is assessed to all Michigan
participating insurance companies once per year, who then pass on
the costs to auto insurance customers. Large MACP assessment =
larger insurance premiums for customers.
 Subsequently, it is vital that the MACP takes a stance against
insurance fraud!
What Changed?
 A new Application for Personal Injury Protection
Benefits was created.
 A new process for requesting the claimant or medical
provider proactively determine the MACP is the
proper place for coverage instead of the MACP being
the first stop for coverage (MCL 500.3114).
 Online claim submissions
 Information available on the MACP website,
www.michacp.org
The MACP Application and what is
needed for possible assignment of
the claim.
 A complete application for benefits along with proof of the
loss are necessary for claim assignment.
 The MACP Application for benefits:
 Proof of Loss:
 While there is no black and white definition of proof of loss,
some examples are:
 A Police Report taken at the scene of the accident
 An EMS report from the scene of the accident
Most Common PIP Disqualifications
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Owner/Registrant of the involved uninsured motor vehicle
A motor vehicle was not involved
An injury did not arise out of a motor vehicle accident
The involved vehicle was taken by the injured party without
permission
Out of state resident in an out of state vehicle that did not carry
Michigan certified insurance
Written notice was not provided within one year from the date
of the accident
For the MACP-Accident did not occur in Michigan
For the MACP-There is higher identifiable coverage
Questions????
Visit our website anytime at:
www.michacp.org