Health Care - As enacted, makes revisions to the law relative to wheelchair repair. - Amends TCA Title 4; Title 8; Title 47, Chapter 18; Title 56; Title 68 and Title 71.

Skip to main content Menu in the site in only legislation Legislators Senate Main Senate Members House Main House Members Find My Legislator Legislation Bill Search Browse Bills by Index Browse Bills by Subject My Bills Publications Archives Videos Senate Video House Video Joint Video Schedules & Calendars Senate House Joint Committees Senate House Joint Directory Senate Members Senate Staff House Members House Staff Joint Staff Find My Legislator My Bills Legislation 113th General Assembly (2023-2024) SB 2368 by *Watson Akbari, Yager, Massey Show Co-Prime Sponsors ( HB 2147 ) by *Hale Hill, Helton-Haynes, Carringer, McCalmon, Moon, Davis, Burkhart, Eldridge Show Co-Prime Sponsors Show Caption Text AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 47, Chapter 18; Title 56; Title 68 and Title 71, relative to complex rehabilitation technology. Health Care - As enacted, makes revisions to the law relative to wheelchair repair. - Amends TCA Title 4; Title 8; Title 47, Chapter 18; Title 56; Title 68 and Title 71. SB2368 has been assigned Public Chapter Number 1050 by the Secretary of State. Bill History Amendments Video Summary Fiscal Note Votes SB2368 Date Effective date(s) 07/01/2024 05/31/2024 Pub. Ch. 1050 05/31/2024 Signed by Governor. 05/28/2024 Transmitted to Governor for action. 05/16/2024 Signed by H. Speaker 05/15/2024 Signed by Senate Speaker 05/09/2024 Enrolled and ready for signatures 04/29/2024 Passed H., Ayes 96, Nays 0, PNV 0 04/24/2024 Am. withdrawn. (Amendment 1 - HA0877) 04/24/2024 Subst. for comp. HB. 04/24/2024 Rcvd. from S., held on H. desk. 04/10/2024 Engrossed; ready for transmission to House 04/08/2024 Sponsor(s) Added. 04/08/2024 Passed Senate as amended, Ayes 29, Nays 0 04/08/2024 Senate adopted Amendment (Amendment 1 - SA0871) 04/08/2024 Placed on Senate Regular Calendar for 4/8/2024 04/05/2024 Sponsor(s) Added. 03/27/2024 Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 03/27/2024 Placed on Senate Commerce and Labor Committee calendar for 3/27/2024 03/20/2024 Sponsor(s) Added. 03/13/2024 Placed on Senate Commerce and Labor Committee calendar for 3/13/2024 03/12/2024 Action deferred in Senate Commerce and Labor Committee to 3/13/2024 03/12/2024 Placed on Senate Commerce and Labor Committee calendar for 3/12/2024 03/08/2024 Placed on Senate Commerce and Labor Committee calendar for 3/12/2024 03/06/2024 Action deferred in Senate Commerce and Labor Committee to 3/12/2024 03/05/2024 Placed on Senate Commerce and Labor Committee calendar for 3/5/2024 02/27/2024 Passed on Second Consideration, refer to Senate Commerce and Labor Committee 02/01/2024 Introduced, Passed on First Consideration 01/31/2024 Filed for introduction 01/30/2024 HB2147 Date Comp. became Pub. Ch. 1050 05/31/2024 Comp. SB subst. 04/24/2024 Sponsor(s) Added. 04/24/2024 H. Placed on Regular Calendar for 4/17/2024 04/16/2024 Placed on cal. Calendar & Rules Committee for 4/16/2024 04/16/2024 Rec. for pass; ref to Calendar & Rules Committee 04/09/2024 Placed on cal. Commerce Committee for 4/9/2024 04/04/2024 Rec. for pass. if am., ref. to Commerce Committee 04/02/2024 Placed on cal. Insurance Committee for 4/2/2024 03/27/2024 Action def. in Insurance Committee to 4/2/2024 03/26/2024 Placed on cal. Insurance Committee for 3/26/2024 03/20/2024 Rec for pass if am by s/c ref. to Insurance Committee 03/19/2024 Placed on s/c cal Insurance Subcommittee for 3/19/2024 03/13/2024 Sponsor(s) Added. 03/13/2024 Action Def. in s/c Insurance Subcommittee to 3/19/2024 03/12/2024 Placed on s/c cal Insurance Subcommittee for 3/12/2024 03/06/2024 Action Def. in s/c Insurance Subcommittee to 3/12/2024 03/05/2024 Placed on s/c cal Insurance Subcommittee for 3/5/2024 02/28/2024 Assigned to s/c Insurance Subcommittee 02/27/2024 Ref. to Insurance Committee - Commerce Committee 02/27/2024 P2C, caption bill, held on desk - pending amdt. 01/31/2024 Intro., P1C. 01/29/2024 Filed for introduction 01/25/2024 - Amendments Fiscal Memos SA0871 Amendment 1-0 to SB2368 - Amendments Fiscal Memos HA0877 Amendment 1-0 to HB2147 NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted. Videos containing keyword: SB2368 Fiscal Summary NOT SIGNIFICANT Bill Summary ON APRIL 8, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2368, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, enact the wheelchair repair laws described below. WHEELCHAIR REPAIR This amendment requires an authorized complex rehabilitation technology supplier to repair a complex rehabilitation technology wheelchair or manual wheelchair that the supplier sold to the consumer unless (i) the consumer has moved outside of the original supplier's service area; (ii) the repair is needed as the result of damage caused by consumer abuse or misuse of the complex rehabilitation technology that restricts the consumer's health insurance coverage, and the consumer refuses to pay for the repair; or (iii) the consumer, or the consumer's representative, poses a potential threat to the health and safety of the supplier. For purposes of providing services for equipment in this state, this amendment requires an original equipment manufacturer to, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any manufacturer documentation or tool that is intended for use with the equipment or any part described in (1)-(11) below, including updates to documentation, parts, or tools. With respect to any equipment or part described in (1)-(11) below that contains an electronic security lock or other security-related function, this amendment requires an original equipment manufacturer to, with fair and reasonable terms and costs, make available to an independent repair provider or owner manufacturer documentation, part, or tool needed to reset the lock or function of the equipment when disabled in the course of providing services. The manufacturer may make the documentation, parts, or tools available to an independent repair provider or owner through appropriate secure release systems. This amendment authorizes a consumer who owns a power wheelchair to choose to self-repair the power wheelchair or have repairs performed by an independent repair provider. This applies to the following items: (1) Batteries; (2) Battery chargers; (3) Nonprogrammable joysticks; (4) Joystick housings or brackets; (5) Wheel assembly; (6) Nonpositioning accessories; (7) Anti-tip devices; (8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional; (9) Caster spheres; (10) Cosmetic shrouding; and (11) Nonpower leg lowerers. This amendment authorizes a consumer who owns a manual wheelchair to choose to self-repair the manual wheelchair or have repairs performed by an independent repair provider. This applies to all repairs, except those that require clinical involvement. This amendment does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms. This amendment does not apply to a repair by an independent repair provider that would require programmability or clinical involvement to ensure appropriate patient seating and positioning. This amendment provides that an original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by an independent repair provider or owner, including faulty or otherwise improper repairs that cause: (i) damage to the power wheelchair that occurs during the repair; (ii) indirect, incidental, special, or consequential damage; or (iii) an inability to use, or a reduced functionality of, a power wheelchair resulting from the repair. This amendment requires the department of commerce and insurance to develop an attestation statement that the authorized complex rehabilitation technology supplier must submit affirming compliance with the applicable repair and service requirements of this amendment. This amendment authorizes an authorized complex rehabilitation technology supplier to offer preventative maintenance visits at the supplier's discretion, and such maintenance visits may be performed when the supplier is repairing the equipment for an unrelated issue. INSURANCE COVERAGE This amendment requires a policy, certificate, or agreement for health insurance coverage issued under the TennCare program to provide coverage and reimbursement for: (i) medically necessary repairs provided by authorized complex rehabilitation technology equipment suppliers; and (ii) at least one preventative maintenance visit per year provided by authorized complex rehabilitation technology equipment suppliers, including appropriate reimbursement for services rendered during the preventative maintenance, parts, labor, diagnostic and evaluation time, and other related costs. A TennCare program enrollee must be informed of the coverage required under this amendment at the time of initial enrollment and when a current enrollee renews a policy, certificate, or agreement for health insurance coverage under the TennCare program. This amendment requires a policy, certificate, or agreement for health insurance coverage issued in this state under the TennCare program to: (i) not require medical documentation or proof of continued need for a repair or preventative maintenance of a complex rehabilitation technology; and (ii) consistent with federal law and regulations, provide coverage for telehealth visits for complex rehabilitation technology. However, this does not prohibit a policy issued under the TennCare program from requiring documentation needed for a medical necessity determination. PREVENTATIVE MAINTENANCE VISIT This amendment authorizes a preventative maintenance visit to be performed at any location agreed upon by the enrollee and the authorized complex rehabilitation technology supplier and is not required to be performed at the enrollee's location. Preventative maintenance must be performed by a qualified technician who is an employee of the authorized complex rehabilitation technology supplier, and must be performed according to the manufacturer's guidelines. The preventative maintenance may be performed during a complex rehabilitation technology appointment for an unrelated issue, and is not required to be a standalone appointment or event. The authorized complex rehabilitation technology supplier must document and maintain all records of preventative maintenance services performed pursuant to law. FiscalNote for SB2368/HB2147 filed under HB2147 House Floor and Committee Votes House moved to substitute and conform to SB2368 SB2368 by Watson - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/24/2024 Passed Ayes...............................................96 Noes................................................0 Representatives voting Aye were: Alexander, Barrett, Baum, Behn, Boyd, Bricken, Bulso, Burkhart, Butler, Camper, Capley, Carr, Carringer, Cepicky, Chism, Clemmons, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Gillespie, Glynn, Grills, Hakeem, Hale, Hardaway, Harris, Haston, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Jones, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Love, Lynn, Marsh, Martin B, Martin G, McCalmon, McKenzie, Miller, Mitchell, Moody, Moon, Pearson, Powell, Powers, Ragan, Raper, Reedy, Richey, Rudd, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Thompson, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 96. HB2147 by Hale - HOUSE CALENDAR & RULES COMMITTEE: H. Placed on Regular Calendar for 4/17/2024 4/16/2024 Voice Vote - Ayes Prevail HB2147 by Hale - HOUSE COMMERCE COMMITTEE: Rec. for pass; ref to Calendar & Rules Committee 4/9/2024 Voice Vote - Ayes Prevail HB2147 by Hale - HOUSE INSURANCE COMMITTEE: Rec. for pass. if am., ref. to Commerce Committee 4/2/2024 Voice Vote - Ayes Prevail HB2147 by Hale - INSURANCE SUBCOMMITTEE: Rec for pass if am by s/c ref. to Insurance Committee 3/19/2024 Voice Vote - Ayes Prevail Senate Floor and Committee Votes SB2368 by Watson - FLOOR VOTE: as Amended Third Consideration 4/8/2024 Passed Ayes...............................................29 Noes................................................0 Senators voting Aye were: Bailey, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lamar, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Swann, Taylor, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 29. SB2368 by Watson - SENATE COMMERCE AND LABOR COMMITTEE: Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 3/27/2024 Passed Ayes................................................9 Noes................................................0 Senators voting Aye were: Akbari, Bailey, Johnson, Niceley, Reeves, Southerland, Swann, Watson, Yager -- 9. Senate Meet the Lt. Governor Senate Members Senate Weekly Schedule Senate Staff Senate Congressional Map House of Representatives Meet the Speaker House Members House Weekly Schedule House Staff US House As Proposed Joint Committee Joint Committees Joint Weekly Schedule Joint Staff Legislative Drafting Guide Home Homework Help About the Legislature Help & FAQs Capitol Tour Legislative Links Site Map Workplace Discrimination Policy Careers