Michigan Court of Appeals; Docket No. 114200; Unpublished
Judges Holbrook, Jr., McDonald, and Jansen; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Medicare Benefits [§3109(1)]
Coordination with Other Health and Accident Medical Insurance [§3109a]
TOPICAL INDEXING:
Medicare Benefits
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that where a no-fault insurance policy and a health care insurance policy both contain coordination of benefits clauses, the health insurer is primarily liable for coverage except to the extent that the benefits paid by the health insurer are Medicare benefits payable under the Social Security Act. To the extent that the health insurer pays benefits that are non-Medicare benefits, the no-fault insurer is entitled to reimbursement. The fact that an HMO pays benefits that are in part payable under the Medicare program does not transform all benefits paid by an HMO into Medicare benefits. In distinguishing between Medicare and the record for the conclusion that plaintiff relied on any representations by defendant that he would continue to be covered beyond the initial 30-day period.
