FOR IMMEDIATE RELEASE CONTACT: Josh Hovey
Oct. 26, 2011 Truscott Rossman
(517) 487-9320
FOIA Request Denied, Fate of Auto No-Fault Rests on Unverified Data
LANSING– Michigan lawmakers won’t get information they say they need to make an informed decision on proposed changes to the state’s auto no-fault law, now that the Michigan Catastrophic Claims Association (MCCA) has rejected a request for claims data.
The Coalition Protecting Auto No-Fault (CPAN) filed a Freedom of Information Act request after several legislators made statements during recent House Insurance Committee hearings about needing more information on lifetime health care costs for catastrophic accident victims before they could decide on House Bill 4936. CPAN announced today that the request had been denied.
“With this denial of information, lawmakers are being asked to make significant policy changes that impact the lives of all Michigan residents based on unverified data hand-picked by the insurance companies,” said CPAN president John Cornack. “To move forward with a vote without this information would be irresponsible at best and negligent at worst. What are they trying to hide here?”
In an attempt to help lawmakers make an informed decision about the proposed legislation, CPAN requested the following information:
1. As to all closed claims previously serviced by the MCCA, the following information:
a. The total amount paid as of the date the claim was closed;
b. The age of the claimant as of the date of the injury;
c. The age of the claimant at the date the claim was closed.
2. As to all open claims presently serviced by the MCCA, the following information:
a. The total amount paid to-date for each claim;
b. The age of the claimant as of the date of the injury;
c. The current age of the claimant.
CPAN legal counsel George Sinas notes that the Michigan Freedom of Information Act applies to any entity “created by state or local authority.” The Michigan Catastrophic Claims Association was created by the state legislature in 1978. However, in a letter responding to CPAN’s FOIA request, MCCA Executive Director Gloria Freeland refused to provide the information requested.
“Any argument based solely on data controlled by the proponent of that argument should be rejected out of hand until that information is made available for public review,” said Sinas.
House Bill 4936, sponsored by Rep. Pete Lund (R-Shelby Township), imposes lifetime caps on auto injury benefits between $500,000 and $5 million; mandates government price controls in the form of workers compensation fee schedules on healthcare providers treating auto accident victims; sets attendant care and nursing payment rates for persons caring for catastrophically injured accident victims; and blocks voters from their constitutional right to seek a referendum to overturn the legislation.
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