Act No. 159
Public Acts of 2023
Approved by the Governor
October 19, 2023
Filed with the Secretary of State
October 19, 2023
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2023 Regular Session
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Reps. Miller, Fitzgerald, Brabec, Neeley, O’Neal, Byrnes, Dievendorf, Rheingans, Arbit, Rogers, Conlin, Grant, Price, Wilson, McKinney, Koleszar, Morgan, Hood, Steckloff, Martus, Scott, Hope, Brixie, Paiz, Brenda Carter, Farhat, Haadsma, Hill, McFall, Morse, Puri, Breen and Aiyash
ENROLLED HOUSE BILL No. 4622
AN ACT to amend 1956 PA 218,
entitled “An act to revise, consolidate, and classify the laws relating to the
insurance and surety business; to regulate the incorporation or formation of
domestic insurance and surety companies and associations and the admission of
foreign and alien companies and associations; to provide their rights, powers,
and immunities and to prescribe the conditions on which companies and
associations organized, existing, or authorized under this act may exercise
their powers; to provide the rights, powers, and immunities and to prescribe
the conditions on which other persons, firms, corporations, associations, risk
retention groups, and purchasing groups engaged in an insurance or surety
business may exercise their powers; to provide for the imposition of a
privilege fee on domestic insurance companies and associations and the state
accident fund; to provide for the imposition of a tax on the business of
foreign and alien companies and associations; to provide for the imposition of
a tax on risk retention groups and purchasing groups; to provide for the
imposition of a tax on the business of surplus line agents; to provide for the
imposition of regulatory fees on certain insurers; to provide for assessment
fees on certain health maintenance organizations; to modify tort liability
arising out of certain accidents; to provide for limited actions with respect
to that modified tort liability and to prescribe certain procedures for
maintaining those actions; to require security for losses arising out of
certain accidents; to provide for the continued availability and affordability
of automobile insurance and homeowners insurance in this state and to
facilitate the purchase of that insurance by all residents of this state at
fair and reasonable rates; to provide for certain reporting with respect to
insurance and with respect to certain claims against uninsured or self-insured
persons; to prescribe duties for certain state departments and officers with
respect to that reporting; to provide for certain assessments; to establish and
continue certain state insurance funds; to modify and clarify the status,
rights, powers, duties, and operations of the nonprofit malpractice insurance
fund; to provide for the departmental supervision and regulation of the
insurance and surety business within this state; to provide for regulation over
worker’s compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an automobile
theft prevention authority to reduce the number of automobile thefts in this
state; to prescribe the powers and duties of the automobile theft prevention
authority; to provide certain powers and duties upon certain officials,
departments, and authorities of this state; to provide for an appropriation; to
repeal acts and parts of acts; and to provide penalties for the violation of
this act,” (MCL 500.100 to 500.8302) by adding section 3406z.
The People of the State of Michigan enact:
Sec. 3406z. (1) An insurer that delivers, issues for delivery, or renews in this state a health insurance policy shall not institute either of the following:
(a) Lifetime limits on the dollar value of essential health benefit coverage under section 3406bb(1).
(b) Annual limits on the dollar value of essential health benefit coverage under section 3406bb(1).
(2) This section does not prevent an insurer from placing annual or lifetime dollar limits with respect to any individual on specific covered benefits that are not essential health benefits to the extent that the limits are otherwise permitted under applicable federal or state law.
(3) This section does not apply to grandfathered health plan coverage, as that term is defined in 45 CFR 147.140, or to a short-term or 1-time limited duration policy or certificate of not longer than 6 months.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 4623 of the 102nd Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor