Under the new law, as of July 2, 2020 Senior Citizens will have the option to opt out from no fault allowable expense PIP benefits if they meet the following conditions:
1) The person is covered under Part A and B of Medicare;
2) The person’s spouse and any relative residing in the household has Medicare or a qualified health coverage, or has no fault PIP coverage under a separate policy.
We recommend Senior Citizens review the following chart to understand what benefits are not available under Medicare if you decide to opt out of PIP coverage:
| BENEFITS | AUTO NO-FAULT | MEDICARE |
| Post‑acute Care/Sub‑acute Rehabilitation | Yes 100% as long as needed |
Limited 100 days at 80% |
| Long term Care/Custodial Care | Yes 24/7 if needed | Not Covered |
| Residential Treatment Programs | Yes | Not Covered |
| Case Management Services | Yes | Not Covered |
| Attendant Care (assistance w/care and supervision) Unlimited in duration and number of hours | Yes | Limited home health aide 2 or 3/wk for 4/hr during recovery |
| Guardianship or Conservators | Yes | Not Covered |
| Transportation Services (medical) | Yes | Not Covered |
| Physical, speech, Outpatient Therapy (Unlimited) | Yes | Limited Covers 80% |
| Chiropractic Treatment | Yes | Limited coverage for spinal subluxations. Does not cover tests, x-rays and acupuncture |
| Medications | Yes | Coverage gap and limitations under Part D |
| Dental | Yes | Not covered (Medicare Advantage Plans provide some coverage) |
| Vision | Yes | Limited coverage for age related macular degeneration. Routine eye care not covered. |
| Office Visits | Yes | Variable |
| Durable Medical Equipment | Yes | Limited Covers 80% |
| Massage Therapy | Yes | Not Covered |
| Home Modifications for Accessbility | Yes | Limited |
| Vehicle Modification | Yes | Not Covered |
| Specialty Assistive Devices | Yes | Limited |
| Wage Loss – if senior is still working | Yes – Up to 3 Years | Not Covered |
* 2019 limits according to medicare.gov
Related Issues To Consider Regarding If Senior Citizens Should Opt Out of Personal Injury Coverage
It is best to speak with a knowledgeable personal injury lawyer if you have questions regarding Michigan’s new No-Fault Law to identify which policy will provide the best coverage your unique situation.
If you are an accident victim and have been injured, Logeman, Iafrate & Logeman, P.C., is a personal injury law firm that can help. We have been helping accident victims recover the compensation they need to rebuild their lives and take care of their families for over 45 years. Call today for a Free Consultation.