Advocacy Organization for Patients & Providers v. Auto Club Insurance
Mich.
ADVOCACY ORGANIZATION FOR PATIENTS & PROVIDERS v AUTO CLUB INSURANCE ASSOCIATION
Judges
- Taylor, C.J., and Corrigan and Markman, JJ., concurred.
- KELLY, J., concurred with CAVANAGH, J.
- YOUNG, J., took no part in the decision of this case.
Attorneys
- Sheldon L. Miller, Barbara H. Goldman, and Linda Fausey for the plaintiffs.
- Barris Sott Denn & Driker, EC. (by Stephen E. Glazek), for Auto Club Insurance Association.
- Garan, Lucow, Miller, EC. (by David N. Campos), for Allstate Insurance Company, Wolverine Mutual Insurance Company, and Secura Insurance Company.
- Dykema Gossett ELLC (by Lori McAllister) for Citizens Insurance Company and Auto-Owners Insurance Company.
- Willingham & Cote (by Raymond J. Foresman) for Farm Bureau Insurance Company.
- Wheeler & Upham, EC. (by Gary A Maximiuk and Jack L. Hoffman), for Farmer’s Insurance Exchange.
- Foster Swift Collins & Smith (by Scott L. Mandel) for Frankenmuth Mutual Insurance Company.
- Bodman LLP (by Diane L. Akers and James Albert Smith) for State Farm Mutual Automobile Insurance Company.
- Howard & Howard Attorneys, EC. (by Eric H. Lipsitt), for Transamerica Insurance Group.
- Bodman LLP (by Joseph J. Shannon) for Manageability, Inc.
- Lambert, Leser, Cook, Schmidt & Guinta, PC. (by Susan M. Cook), for Medcheck Medical Audit Services.
- Nemier, Tolari, Landry, Mazzeo & Johnson P.C. (by David B. Landry and Michelle E. Mathieu) for Recovery Unlimited, Inc.
- Zausmer, Kaufman, August & Caldwell, P.C. (by Mark J. Zausmer), for Titan Insurance Company.
- Bush, Seyferth & Kethledge, PLLC (by Cheryl A. Bush), for Review Works.
- Amici Curiae:
- Dykema Gossett PLLC (by Jill M. Wheaton and Joseph Erhardt) for the Michigan Catastrophic Claims Association.
- George M. Carr, P.C. (by George M. Carr), for the Property Casualty Insurers Association of America.
- Honigman Miller Schwartz and Cohn LLP (by Chris Rossman, Jason Schian Conti, and Cynthia E Reaves) for the Michigan Health and Hospital Association.
- Kerr, Russell and Weber, PLC (by Richard D. Weber and Joanne Geha Swanson), for the Michigan State Medical Society.
- Gross, Nemeth & Silverman, P.L.C. (by James G. Gross), for the Michigan Chamber of Commerce.
- Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by George T. Sinas and L. Page Graves), for the Coalition Protecting Auto No Fault.
majority
MEMORANDUM Opinion. This declaratory judgment action concerns obligations under the no-fault act, MCL 500.3101 et seq., to pay medical expenses. Plaintiffs are individual medical providers, two guardians of catastrophically injured victims of automobile accidents, and an organization of health-care providers and patients that principally seeks to protect the legal rights of both groups. Defendants are either no-fault insurance companies that have issued policies to Michigan motorists or the review companies employed by one or more of those insurers to review medical bills arising from automobile accidents.
MCL 500.3107(l)(a) requires that an insurer pay “all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation.” MCL 500.3157 provides that a medical provider “may charge a reasonable amount for the products, services and accommodations rendered. The charge shall not exceed the amount the person or institution customarily charges for like products, services and accommodations in cases not involving insurance.”
After a hearing on the parties’ respective motions for summary disposition, the trial court ruled that defendants were entitled to review any medical charges and pay only those determined to be reasonable. The trial court further ruled that even though a medical provider’s charge does not exceed the amount that provider customarily charges in cases not involving insurance, that fact alone does not establish that the charge is reasonable.
The Court of Appeals affirmed. 257 Mich App 365; 670 NW2d 569 (2003). It ruled that it is for the trier of fact to determine whether a medical charge, albeit “customary,” is also reasonable. 257 Mich App 379.
Because we agree with the Court of Appeals resolution of this issue, and the others presented to it, we affirm. MCL 7.302(G)(1).
Taylor, C.J., and Corrigan and Markman, JJ., concurred.
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