Michigan Attendant Care – FAQs
Answers to frequently asked questions about car accident victims and in-home nursing services
Many auto accident victims in Michigan don’t realize that important No-Fault benefits are available to help them recover after a serious crash, especially attendant care.
Our personal injury lawyers tell our clients to think of attendant care as in-home nursing care. When a car accident victim is seriously injured, a person providing these services would help you with tending to your basic needs – such as eating and bathing – and other “activities of daily living.”
If you have questions about receiving attendant care services after your car accident, call Michigan Auto Law at (248) 353-7575. The call and the advice is free.
- How is attendant care affected by the new Michigan car insurance law?
- What is attendant care?
- What is an example of attendant care?
- Who provides attendant care?
- Who pays for attendant care?
- How much are attendant care providers paid?
- Are there any limits on the frequency or duration of attendant care?
- What is the attendant care law in Michigan?
How is attendant care affected by the new Michigan car insurance law?
The new Michigan car insurance law imposes an unprecedented restriction on in-home, family-provided attendant care services.
Starting on July 2, 2021, No-Fault auto insurance companies are only required to pay for 56 hours per week of in-home, family-provided attendant care services.
Importantly, the 56-hours-per-week limitation does not apply to commercially-provided services, nor does it prohibit auto insurance companies from contracting to cover services beyond the 56-hour limitation.
Although this is the same limitation that applies to people injured in the workplace under Michigan’s Workers’ Compensation law, it is a dramatic change from the previous law that allowed family members to provide 24-hour care for loved ones catastrophically injured in automobile accidents. Learn more
What is attendant care?
When an auto accident victim is injured so badly that he or she cannot take care of her most basic needs (or “activities of daily living”), such as eating, using the bathroom, bathing and getting dressed, the victim’s Michigan No-Fault insurance company will pay a nurse or someone in the family to help. That service is called attendant care. People sometimes also refer to it as nursing services.
What are examples of attendant care services?
Examples of attendant care services come in many forms, including but not limited to the following:
- Assistance with eating.
- Assistance with using the toilet.
- Assistance with bathing and grooming.
- Assistance with dressing and undressing.
- Assistance with moving from bed to chair or repositioning in bed.
- Assistance with walking or using a wheelchair.
- Assistance with meal preparation.
- Assistance with transportation.
- Assistance with administering medication.
- Assistance with changing bandages and dressing wounds.
- Assistance with use of medical equipment.
- Assistance with supervision and monitoring of a seriously injured accident victim.
- Assistance with supervision and management of care providers.
- Being “on-call” or “on stand-by” to help a seriously injured accident victim.
Who provides attendant care?
Attendant care can be provided by nurses, home-health aides, and even family members or legal guardians of seriously injured car accident and truck accident victims.
Who pays for attendant care?
In most cases, the No-Fault insurance company of the auto accident victim provides and/or pays for the victim’s attendant care services, but only so long as attendant care is reasonably necessary for the injured person’s care, recovery or rehabilitation.
How much are attendant care providers paid?
There is no set statutory rate for attendant care.
Instead, the reimbursement rate is either agreed upon by the auto insurance company and the car accident victim (through his or her lawyer) or by a judge or a jury as a result of a lawsuit.
There are many factors that go into determining what the rate of reimbursement for attendant care providers will be. For example, the average wages in a particular geographical area, such as a heavily rural area versus a large city like Detroit or Grand Rapids. It also depends on the qualifications of the individual performing the services (i.e., home care attendant from a service, nurse, family member, etc.). A service will normally bill at a higher rate than an individual. But an individual may be entitled to a commercial agency rate because of benefits such as overtime, vacation or insurance that an individual does not receive.
To get a better idea of an appropriate rate, it’s best to speak with an experienced lawyer. Call Michigan Auto Law at (248) 353-7575 and we can answer all of your questions.
Are there any limits on the frequency or duration of attendant care?
Currently, there are no limits. However, as stated above, for in-home, family-provided attendant services rendered after July 1, 2021, No-Fault auto insurance companies will only be required to pay for 56 hours per week.
It is not uncommon for a doctor to prescribe 24/7 “around-the-clock” attendant care for seriously injured car accident and truck accident victims.
Additionally, there is no limit as to how long a Michigan auto accident victim may receive attendant care, as long as it’s reasonably necessary to his or her care, recovery or rehabilitation.
What is the attendant care law in Michigan?
Here are the Michigan attendant care cases that have had the greatest effect on auto accident victim’s attendant care rights under the No-Fault law. An experienced lawyer should be familiar with these laws to best protect your rights.
The lawyers at Michigan Auto Law can help you.
Our personal injury lawyers are here to answer your questions. Call Michigan Auto Law at (248) 353-7575 or use our free consultation form. There’s absolutely no fee or obligation.