COA 372543 JAWAD A SHAH MD PC V AUTO CLUB INSURANCE ASSOCIATION Opinion - Per Curiam - Unpublished 4/20/2026

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
JAWAD A. SHAH, M.D., P.C., ALLIANCE
ANESTHESIA, PLLC, INSIGHT ANESTHESIA,
PLLC and INSIGHT RADIOLOGISTS, P.C.,
Plaintiffs-Appellees,
UNPUBLISHED
April 20, 2026
11:25 AM
v No. 372543
Wayne Circuit Court
AUTO CLUB INSURANCE ASSOCIATION, LC No. 24-004685-AV
Defendant-Appellant.
Before: RICK, P.J., and YATES and MARIANI, JJ.
RICK, P.J. (concurring).
I concur in the result reached by my colleagues. The outcome is required in light of this
Court’s recent ruling in Favot v Brown, ___ Mich App ___; ___ NW3d ___ (2025) (Docket Nos.
368733; 368734). I write separately as I believe Favot was wrongly decided. As of the date of
the decision in this matter, leave to appeal in Favot remains pending in our Supreme Court.
As I read MCL 500.3157, the provision requires a more precise inquiry into whether a
given limitation is part of the rate-setting prices themselves or instead constitutes a post-rate
adjustment to reimbursement. While the relevant portions of the statute reference the “amount
payable under Medicare,” that amount is necessarily derived from the fee schedule rate, which
serves as the baseline for reimbursement. In my opinion, the statute’s separate reference to “rates
in the fee schedule” confirms that the Legislature intended to use Medicare rates as a pricing
benchmark. Interpreting “amount payable” to include all downstream payment methodologies
would expand the statute beyond its text. I believe a proper reading of the statute confines “rate-
related” limitations to those intrinsic to the determination of the fee schedule rate and excludes
methodologies that operate solely to reduce reimbursement after the fact.
For these reasons, I concur in the majority’s opinion. Although I would not interpret
MCL 500.3157 as the Favot Court did, I concur in the result because Favot presently controls.
/s/ Michelle M. Rick

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