An Act relative to wheelchair repair requirements and consumer protection

1 of 2 HOUSE DOCKET, NO. 3617 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1278 The Commonwealth of Massachusetts _________________ PRESENTED BY: James J. O'Day _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to wheelchair repair requirements and consumer protection. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: James J. O'Day 14th Worcester 1/17/2025 Mindy Domb 3rd Hampshire 1/27/2025 Lindsay N. Sabadosa 1st Hampshire 2/6/2025 Sally P. Kerans 13th Essex 2/13/2025 Natalie M. Blais 1st Franklin 2/18/2025 Joan Meschino 3rd Plymouth 2/24/2025 James B. Eldridge Middlesex and Worcester 3/3/2025 James C. Arena-DeRosa 8th Middlesex 3/19/2025 Michelle L. Badger 1st Plymouth 3/24/2025 Adrianne Pusateri Ramos 14th Essex 3/27/2025 Bruce J. Ayers 1st Norfolk 3/27/2025 Russell E. Holmes 6th Suffolk 3/28/2025 Samantha Montaño 15th Suffolk 4/9/2025 Kimberly N. Ferguson 1st Worcester 4/11/2025 Antonio F. D. Cabral 13th Bristol 4/16/2025 Brian W. Murray 10th Worcester 4/17/2025 Steven George Xiarhos 5th Barnstable 5/12/2025 Vanna Howard 17th Middlesex 6/10/2025 2 of 2 John Francis Moran 9th Suffolk 6/10/2025 Patricia A. Duffy 5th Hampden 7/7/2025 Richard M. Haggerty 30th Middlesex 7/9/2025 Danillo A. Sena 37th Middlesex 7/14/2025 David M. Rogers 24th Middlesex 7/21/2025 1 of 6 HOUSE DOCKET, NO. 3617 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1278 By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 1278) of James J. O'Day and others relative to wheelchair warranty protections. Financial Services. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to wheelchair repair requirements and consumer protection. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 93 of the General Laws is hereby amended by inserting after 2 section 107 the following section:- 3 Section 107 ½. (A) As used in this section the following words shall have the following 4 meanings unless the context clearly indicates otherwise:— 5 (1) "Authorized wheelchair dealer" means any company doing business in the state 6 selling or leasing wheelchairs, including complex rehabilitation technology wheelchairs. 7 (2) "Complex rehabilitation technology" has the same meaning as provided in the general 8 statutes. 9 (3) "Complex rehabilitation technology wheelchair" means a specialized, medically 10 necessary manual or powered wheelchair individually configured for the user with specialized 11 equipment that requires evaluation, configuration, fitting, adjustment, programming and long- 12 term maintenance and repair services. 2 of 6 13 (4) "Consumer" means the purchaser or lessee of a wheelchair, including a complex 14 rehabilitation technology wheelchair, irrespective of whether the purchase or lease of the 15 wheelchair is funded in whole or in part by the consumer or privately or publicly funded health 16 insurance. 17 (5) "Timely repair" means as soon as practicable but not later than ten business days after 18 the date of request for repair from a consumer, provided (A) the consumer makes the wheelchair 19 available, (B) any prior authorization required from an insurer has been acquired, and (C) any 20 time spent waiting for prior authorization from an insurer or for delivery of necessary parts 21 ordered for the repair by an authorized wheelchair dealer shall not be included in the ten business 22 days. 23 (6) "Wheelchair" means a manual or motorized wheeled device that enhances the 24 mobility or positioning of an individual with a disability and includes a complex rehabilitation 25 technology wheelchair. 26 (B) An authorized wheelchair dealer shall timely repair a wheelchair, including a 27 complex rehabilitation technology wheelchair, sold or leased by such dealer in the state. An 28 authorized wheelchair dealer who sells or leases a complex rehabilitation technology wheelchair 29 in the state shall provide timely repair of such wheelchair at a consumer's home upon request. 30 (C) An authorized wheelchair dealer shall maintain an electronic mail address and a 31 phone line for consumer repair requests that are accessible each business day and capable of 32 receiving and recording messages. The authorized wheelchair dealer shall (1) respond to a 33 request for wheelchair repair not later than one business day after the date of request, and (2) 3 of 6 34 order parts for a repair not later than three business days after assessing the need for the repair or 35 after receiving prior authorization from an insurer for the repair. 36 (D) Manufacturers shall fill all repair and replacement orders for wheelchairs 37 [2] pursuant to this section from their own inventory or have a written subcontract for the 38 purchase of items necessary to fill repair and replacement orders; provided, however, that the 39 subcontract shall be in writing and contain, at a minimum: (i) names, addresses, phone numbers 40 and contact information for both entities; (ii) the contract term start and end dates; (iii) a 41 description of the wheelchairs covered under the subcontract and the cost of each item; (iv) 42 signatures of both parties, including signature dates and position titles; (v) an established credit 43 limit that is reasonable, based on the value of the products and services to be provided by the 44 contractor; and (vi) a provision requiring shipping of parts, whenever feasible, by overnight mail. 45 (E) (1) Nothing contained in this section shall be deemed to limit any rights or remedies 46 available to a consumer under any other law. Any waiver by a consumer of rights under this 47 section shall be void. 48 (2) In addition to pursuing any other remedy, a consumer may bring an action to recover 49 for damages caused by a violation of this section. The court shall award a consumer who prevails 50 in such an action twice the amount of any pecuniary loss, together with costs, disbursements and 51 reasonable attorney fees, and any equitable relief that the court deems is appropriate. 52 (3) The attorney general from time to time shall promulgate such rules and regulations as 53 deemed necessary for the interpretation, implementation, administration, and enforcement of 54 section 170 1/2. Such authority shall be in addition to, and not in derogation of, the attorney 4 of 6 55 general's authority to promulgate rules and regulations under section two of chapter ninety-three 56 A. 57 SECTION. 2. Chapter 118E of the General Laws is hereby amended by inserting after 58 section 10Q the following section:- 59 Section 10R. For purposes of this section, “complex rehabilitation technology 60 wheelchair” shall mean an individually-configured manual or motorized wheeled device that 61 requires evaluation, configuration, fitting, adjustment or programming that is medically 62 necessary to enhance the mobility or positioning of an individual with a disability. 63 The division and its contracted health insurers, health plans, health maintenance 64 organizations, behavioral health management firms and third-party administrators under 65 contract to a Medicaid managed care organization or primary care clinician plan shall not 66 require a preauthorization for any repair of a complex rehabilitation technology wheelchair 67 unless the original prescription is more than five years old. 68 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after 69 section 47UU the following section:- 70 Section 47VV. For purposes of this section, “complex rehabilitation technology 71 wheelchair” shall mean an individually-configured manual or motorized wheeled device that 72 requires evaluation, configuration, fitting, adjustment or programming that is medically 73 necessary to enhance the mobility or positioning of an individual with a disability. 74 Any policy, contract, agreement, plan or certificate of insurance issued, delivered or 75 renewed within the commonwealth, which is considered creditable coverage under section 1 of 5 of 6 76 chapter 111M, shall not require a member to obtain a preauthorization for any repair of a 77 complex rehabilitation technology wheelchair unless the original prescription is more than five 78 years old. 79 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after 80 section 8VV the following section:- 81 Section 8WW. For purposes of this section, “complex rehabilitation technology 82 wheelchair” shall mean an individually configured manual or motorized wheeled device that 83 requires evaluation, configuration, fitting, adjustment or programming that is medically 84 necessary to enhance the mobility or positioning of an individual with a disability. 85 Any contract between a subscriber and the corporation under an individual or group 86 hospital service plan that is delivered, issued or renewed within the commonwealth shall not 87 require a member to obtain a preauthorization for any repair of a complex 88 rehabilitation technology wheelchair unless the original prescription is more than five 89 years old. 90 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after 91 section 4VV the following section:- 92 Section 4WW. For purposes of this section, “complex rehabilitation technology 93 wheelchair” shall mean an individually-configured manual or motorized wheeled device that 94 requires evaluation, configuration, fitting, adjustment or programming that is medically 95 necessary to enhance the mobility or positioning of an individual with a disability. 6 of 6 96 Any subscription certificate under an individual or group medical service agreement 97 delivered, issued or renewed within the commonwealth shall not require a member to unless the 98 original prescription is more than five years old. 99 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after 100 section 4NN the following section:- 101 Section 4OO. For purposes of this section, “complex rehabilitation technology 102 wheelchair” shall mean an individually configured manual or motorized wheeled device that 103 requires evaluation, configuration, fitting, adjustment, or programming that is medically 104 necessary to enhance the mobility or positioning of an individual with a disability. 105 Any individual or group health maintenance contract that is issued or renewed shall not 106 require a member to obtain a preauthorization for any repair of a complex rehabilitation 107 technology wheelchair unless the original prescription is more than five years old. 108 SECTION 7. Section 25 of chapter 176O of the General Laws, as appearing in the 2022 109 Official Edition, is hereby amended by inserting after the word “services”, in line 49, the 110 following words:- ; provided, however, that a health plan shall not require a prior authorization 111 for any repair of a complex rehabilitation technology wheelchair unless the original prescription 112 is more than five years old.