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

Important to note: If a Senior Citizen receives a settlement from an accident claim, Medicare is entitled to recover the cost of any medical expenses paid to the claimant which may effectively eliminate your right to a financial recovery against the at fault driver.

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.