HOUSE BILL No. 4904

 

June 9, 2005, Introduced by Reps. Hildenbrand, Hune, Gaffney, Stahl, Sheen, Marleau, Mortimer, Emmons, Robertson and Vander Veen and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending section 3109a (MCL 500.3109a).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3109a. (1) An insurer providing personal protection

 

insurance benefits shall offer  , at appropriately reduced premium

 

rates, deductibles and exclusions reasonably related  a policy that

 

provides for personal protection insurance benefits to be secondary

 

to other health and accident coverage on the  insured  insureds.  

 

The deductibles  Deductibles and exclusions  required to be offered

 

by this section shall be subject to prior approval by the

 

commissioner and shall apply only to benefits payable  reasonably

 

related to available health and accident coverage may be offered.

 


Coverage and deductibles under this subsection apply to the person

 

named in the policy,  the  his or her spouse,  of the insured  and

 

any relative of either domiciled in the same household.

 

     (2) An insurer providing personal protection insurance

 

benefits may offer a policy that provides for personal protection

 

insurance benefits to be primary to other health and accident

 

coverage on the insureds. Coverage under this subsection applies to

 

the person named in the policy, his or her spouse, and any relative

 

of either domiciled in the same household.

 

     (3) If subsection (1) or (2) does not apply to an injured

 

person claiming personal protection insurance benefits, personal

 

protection insurance benefits shall be secondary to other health

 

and accident coverage available to that person.

 

     (4) An insurer providing personal protection insurance

 

benefits may offer, at appropriately reduced premium rates, a

 

deductible of a specified dollar amount. This deductible may be

 

applicable to all or any specified types of personal protection

 

insurance benefits but shall apply only to benefits payable to the

 

person named in the policy, his or her spouse, and any relative of

 

either domiciled in the same household.

 

     (5) An insurer providing personal protection insurance

 

benefits may offer, in connection with those benefits, preferred

 

provider, managed care, or similar options that provide for

 

deductibles or co-pays. Preferred provider, managed care, or a

 

similar option shall apply to any person claiming personal

 

protection insurance benefits under the policy.

 

     (6) A person shall not recover duplicate benefits for the same

 


expenses or losses incurred.