What attendant care covers
Attendant care is an allowable expense. It pays for the help you need because of crash injuries, from hands-on personal care to supervision for someone with a brain injury. It can be provided by an agency, a nurse, or a family member or friend.
The 56-hour limit on family care
For people subject to the 2019 reform, attendant care provided in your home by someone you were related to, lived with, or had a business or social relationship with before the crash is paid for no more than 56 hours per week. That limit comes from MCL 500.3157(10). Care from an agency or a facility is not limited to 56 hours, although the fee schedule caps its rate.
Who is exempt
On July 31, 2023, the Michigan Supreme Court decided Andary v. USAA and held that the attendant care limit and the fee schedule do not apply to people who were injured, while covered by a policy issued, before June 11, 2019. If you or your family member was hurt before that date and an insurer has cut hours or rates, that reduction may be unlawful.
Recent rulings on home care rates
In 2026 the Department of Insurance and Financial Services issued Bulletin 2026-15-INS after the Court of Appeals’ October 2025 decision in West Michigan Home Care Services v. MEEMIC. It confirms that the Medicare-based cap in MCL 500.3157(2) applies to home health aide and skilled nursing care, because Medicare sets an amount payable for those services. Agencies that were paid under the lower non-Medicare formula may be owed the difference.
Documenting care so it gets paid
- A prescription or care plan from a treating doctor stating the type and hours of care
- Daily logs showing the hours and tasks performed
- Monthly submission to the insurer, so each month’s care is a separate, timely claim
Submit monthly. Care that is never billed cannot become overdue, and care billed more than a year late may be lost to the one-year-back rule.
Questions people ask us
Can my spouse be paid to take care of me?
Yes, if a doctor says you need the care and the hours are documented. For most people injured after the 2019 reform, care given at home by family or household members is paid for up to 56 hours a week.
What if I need more than 56 hours of care a week?
The extra hours can be covered when they are provided by someone outside the 56-hour limit, such as a home care agency, subject to the fee schedule. Planning that schedule correctly is often the difference between full coverage and a gap.
I was hurt before 2019. Does the cap apply to me?
Probably not. In Andary v. USAA (2023), the Michigan Supreme Court held that the 56-hour limit and the fee schedule do not apply to people who were injured, while covered by a policy issued, before June 11, 2019.