Miller & Tischler, P.C. 

28470 W. 13 Mile Rd. Ste. 300 
Farmington Hills, MI 48334
 (248) 945-1040
www.millertischler.com  
January 2021  
IN THIS ISSUE

No-Fault News 2021: The New CARF Accreditation Requirement




MI AUTO NO-FAULT LAW

By Wayne J. Miller











Hello everyone! We hope that your holidays were peaceful and safe. We now start the new year with plenty happening on the national scene with our new President and hopefully a light at the end of the tunnel as to COVID. There’s plenty happening on the no-fault scene as well. In fact, there’s so much going on that we will try to have several editions of this newsletter in the weeks to come instead of quarterly.

This first issue of 2021 will focus on the CARF Accreditation requirement in the new no-fault law. As everyone knows by now, there is a broad new requirement for CARF Accreditation for “neurological rehabilitation clinics." This is found in §3157(12). The phrase “Neurological rehabilitation clinics" is defined in statute at §3157(15)(g) as a provider of “post-acute brain and spinal rehabilitation care.” This new requirement is effective July 1, 2021.

Many questions have been posed to the Department of Insurance and Financial Services (DIFS). It is advisable to became familiar with the DIFS website: https://www.michigan.gov/difs. One important question on the new Accreditation requirement: What if you are a post-acute brain injury care provider but not a spinal injury care provider? DIFS responded on January 14, 2021 by posting the following: 

"Do persons that provide care for post-acute brain injury only or persons that provide care for spinal rehabilitation only need to be accredited under MCL 500.3157?

Section 3157(15)(g) defines a neurological rehabilitation clinic as “a person that provides post-acute brain and spinal rehabilitation care.” Accreditation is required to the extent that a person is providing both post-acute brain and spinal rehabilitation care."

In its answer, DIFS has simply restated the statutory definition of neurological rehabilitation clinic mentioned above, and found at MCL 500.3157(15)(g). The definition says a person that provides post-acute brain and spinal rehabilitation care; the definition includes “and” not “or.” Thus to the degree you are one or the other, and you can clearly prove as much, the law may not require accreditation by CARF or Joint Commission. Similarly, and by way of example, if you are not a “post-acute” provider (also a term in the statutory definition), you may not require accreditation. 
 
This analysis provides a reasonable basis for concluding that the new CARF Accreditation requirement only applies to those who provide both post-acute brain and spinal rehabilitation care. It should be noted that the DIFS statement is not considered binding precedent. Thus, we expect there will be disagreements between insurers and providers on the subject. This issue will have to be finally resolved by the courts in the years to come.  



MILLER & TISCHLER NEWS
 
  • We are happy to announce that Maureen Kinsella has been appointed by the State Bar of Michigan to serve on the Character and Fitness District Committee. Her initial term will be for two years and, as a panel member, she will be charged with reviewing and determining Bar applicant’s ability to practice law in a fair, honest and open matter.  
 
  • Miller and Tischler is delighted to announce that Andrew Brown has joined our firm as an Associate Attorney. Andrew is a recent graduate of the University of Toledo Law School, and passed the bar in November 2020.

About Our Law Firm
   
Miller & Tischler, P.C., represents survivors of catastrophic brain and spinal injuries, their families and their professional service providers who are having difficulty obtaining compensation for injuries sustained in motor vehicle accidents. We help our clients obtain negligence recoveries against those responsible for their injuries, as well as helping obtain No-Fault insurance benefits. We are a full service motor vehicle injury law firm.
 
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