Connecticut 2025 Regular Session

Connecticut House Bill HB07106 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 7
	3	+	LCO No. 5461 1 of 11
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5		-	General Assembly ~~Substitute~~ Bill No. 7106
	5	+	General Assembly Raised Bill No. 7106
6	6		January Session, 2025
	7	+	LCO No. 5461
7	8
	9	+
	10	+	Referred to Committee on HUMAN SERVICES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(HS)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING RECOMMENDATIONS OF AN ADVISORY
13	20		COUNCIL ON WHEELCHAIR REPAIR.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 17b-278i of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective July 1, 2025): 2
19	26		(a) As used in this section, (1) "customized wheelchair" means a 3
20	27		wheelchair built, designed or outfitted for a Medicaid recipient with a 4
21	28		physical disability unable to achieve maximum mobility with a 5
22	29		standard wheelchair and includes a complex rehabilitation technology 6
23		-	wheelchair, (2) "authorized wheelchair dealer", "complex rehabilitation 7
24		-	technology wheelchair", [and] "timely repair" and "emergency repair" 8
25		-	have the same meanings as provided in section 42-337, as amended by 9
26		-	this act, and (3) "medically necessary" has the same meaning as 10
27		-	provided in section 17b-259b. Customized wheelchairs shall be covered 11
28		-	under the Medicaid program only when "medically necessary" and a 12
29		-	standard wheelchair does not meet an individual's needs as determined 13
30		-	by the Department of Social Services. Wheelchair repairs and parts 14
31		-	replacements may be subject to review and approval by the department. 15
32		-	Refurbished wheelchairs, parts and components shall be utilized 16
33		-	whenever practicable. The Department of Social Services may designate 17
34		-	categories of durable medical equipment in addition to customized 18
35		-	wheelchairs for which reused equipment, parts and components shall 19 Substitute Bill No. 7106
	30	+	wheelchair, (2) ["authorized wheelchair dealer"] "authorized wheelchair 7
	31	+	or mobility scooter dealer", "complex rehabilitation technology 8
	32	+	wheelchair", [and] "mobility scooter", "timely repair" and "emergency 9
	33	+	repair" have the same meanings as provided in section 42-337, as 10
	34	+	amended by this act, and (3) "medically necessary" has the same 11
	35	+	meaning as provided in section 17b-259b. Customized wheelchairs and 12
	36	+	mobility scooters shall be covered under the Medicaid program only 13
	37	+	when "medically necessary" and a standard wheelchair or scooter does 14
	38	+	not meet an individual's needs as determined by the Department of 15
	39	+	Raised Bill No. 7106
36	40
37	41
38		-	LCO 2 of 7
39	42
40		-	be utilized whenever practicable. 20
41		-	(b) Notwithstanding the provisions of subsection (a) of this section, 21
42		-	[on and after July 1, 2024,] the Commissioner of Social Services shall not 22
43		-	require a new prescription or prior authorization for the medically 23
44		-	necessary repair of a customized wheelchair unless the original 24
45		-	prescription for such wheelchair is more than five years old. The 25
46		-	commissioner shall provide coverage under the medical assistance 26
47		-	program for (1) the medically necessary repair or replacement of a 27
48		-	Medicaid recipient's customized wheelchair, (2) transportation by a 28
49		-	Medicaid recipient to a repair facility of an authorized wheelchair dealer 29
50		-	to repair such recipient's customized wheelchair, (3) annual preventive 30
51		-	maintenance of a Medicaid recipient's customized wheelchair, and (4) 31
52		-	payment for domestic overnight delivery or express international 32
53		-	delivery of a customized wheelchair part necessary for a repair but not 33
54		-	on the premises of the authorized wheelchair dealer making the repair. 34
55		-	(c) The commissioner shall inform Medicaid recipients who use 35
56		-	customized wheelchairs of their rights to timely and emergency repair 36
57		-	pursuant to section 42-338, as amended by this act. The commissioner 37
58		-	shall seek any federal approval necessary, including amending the 38
59		-	Medicaid state plan or applying for a Medicaid waiver, to implement 39
60		-	the provisions of this section. 40
61		-	(d) The commissioner, pursuant to section 17b-10, may implement 41
62		-	policies and procedures necessary to administer the provisions of this 42
63		-	section while in the process of adopting such policies and procedures as 43
64		-	regulations, provided the commissioner posts notice of intent to adopt 44
65		-	regulations on the eRegulations System not later than twenty days after 45
66		-	the date of implementation. Policies and procedures implemented 46
67		-	pursuant to this section shall be valid until the time final regulations are 47
68		-	adopted. 48
69		-	Sec. 2. (NEW) (Effective January 1, 2026) As used in this section, 49
70		-	"wheelchair" has the same meaning as provided in section 42-337 of the 50
71		-	general statutes, as amended by this act. Except as otherwise required 51 Substitute Bill No. 7106
	43	+	LCO No. 5461 2 of 11
	44	+
	45	+	Social Services. Wheelchair and mobility scooter repairs and parts 16
	46	+	replacements may be subject to review and approval by the department. 17
	47	+	Refurbished wheelchairs or mobility scooters, parts and components 18
	48	+	shall be utilized whenever practicable. The Department of Social 19
	49	+	Services may designate categories of durable medical equipment in 20
	50	+	addition to customized wheelchairs and mobility scooters for which 21
	51	+	reused equipment, parts and components shall be utilized whenever 22
	52	+	practicable. 23
	53	+	(b) Notwithstanding the provisions of subsection (a) of this section, 24
	54	+	[on and after July 1, 2024,] the Commissioner of Social Services shall not 25
	55	+	require a new prescription or prior authorization for the medically 26
	56	+	necessary repair of a [customized] wheelchair or mobility scooter unless 27
	57	+	the original prescription for such wheelchair or mobility scooter is more 28
	58	+	than five years old. The commissioner shall provide coverage under the 29
	59	+	medical assistance program for (1) the medically necessary repair or 30
	60	+	replacement of a Medicaid recipient's wheelchair or mobility scooter, (2) 31
	61	+	transportation by a Medicaid recipient to a repair facility of an 32
	62	+	authorized wheelchair or mobility scooter dealer to repair such 33
	63	+	recipient's customized wheelchair or mobility scooter, (3) annual 34
	64	+	preventive maintenance of a Medicaid recipient's wheelchair or 35
	65	+	mobility scooter, and (4) payment for domestic overnight delivery or 36
	66	+	express international delivery of a wheelchair or mobility scooter part 37
	67	+	necessary for a repair but not on the premises of the authorized 38
	68	+	wheelchair or mobility scooter dealer making the repair. 39
	69	+	(c) The commissioner shall inform Medicaid recipients who use 40
	70	+	wheelchairs or mobility scooters of their rights to timely and emergency 41
	71	+	repair pursuant to section 42-338, as amended by this act. The 42
	72	+	commissioner shall seek any federal approval necessary, including 43
	73	+	amending the Medicaid state plan or applying for a Medicaid waiver, to 44
	74	+	implement the provisions of this section. 45
	75	+	(d) The commissioner, pursuant to section 17b-10, may implement 46
	76	+	policies and procedures necessary to administer the provisions of this 47
	77	+	Raised Bill No. 7106
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73	79
74		-	LCO 3 of 7
75	80
76		-	in any collective bargaining agreement, the State Comptroller shall 52
77		-	make available to an enrollee of the state employee health plan, 53
78		-	established pursuant to section 5-259 of the general statutes, coverage 54
79		-	for medically necessary wheelchairs and timely repair of such 55
80		-	wheelchairs consistent with the provisions of section 42-338 of the 56
81		-	general statutes, as amended by this act. 57
82		-	Sec. 3. Section 42-337 of the general statutes is repealed and the 58
83		-	following is substituted in lieu thereof (Effective July 1, 2025): 59
84		-	As used in this section and section 42-338, as amended by this act: 60
85		-	(1) "Authorized wheelchair dealer" means any company doing 61
86		-	business in the state selling or leasing wheelchairs, including complex 62
87		-	rehabilitation technology wheelchairs. 63
88		-	(2) "Complex rehabilitation technology" has the same meaning as 64
89		-	provided in section 17b-278j. 65
90		-	(3) "Complex rehabilitation technology wheelchair" means a 66
91		-	specialized, medically necessary manual or powered wheelchair 67
92		-	individually configured for the user with specialized equipment that 68
93		-	requires evaluation, configuration, fitting, adjustment, programming 69
94		-	and long-term maintenance and repair services. 70
95		-	(4) "Consumer" means the purchaser or lessee of a wheelchair, 71
96		-	including a complex rehabilitation technology wheelchair, irrespective 72
97		-	of whether the purchase or lease of the wheelchair is funded in whole 73
98		-	or in part by the consumer or privately or publicly funded health 74
99		-	insurance. 75
100		-	(5) "Emergency repair" means repair services when a wheelchair is 76
101		-	completely inoperable on weekends and holidays and may include 77
102		-	remote repair services if such service renders the wheelchair operable. 78
103		-	(6) "Systemic noncompliance" means the failure by an authorized 79
104		-	wheelchair dealer to meet timely repair requirements for more than five 80
105		-	per cent of repair requests in a thirty-day period. 81 Substitute Bill No. 7106
	81	+	LCO No. 5461 3 of 11
	82	+
	83	+	section while in the process of adopting such policies and procedures as 48
	84	+	regulations, provided the commissioner posts notice of intent to adopt 49
	85	+	regulations on the eRegulations System not later than twenty days after 50
	86	+	the date of implementation. Policies and procedures implemented 51
	87	+	pursuant to this section shall be valid until the time final regulations are 52
	88	+	adopted. 53
	89	+	Sec. 2. Section 38a-492w of the general statutes is repealed and the 54
	90	+	following is substituted in lieu thereof (Effective January 1, 2026): 55
	91	+	(a) As used in this section, (1) ["complex rehabilitation technology 56
	92	+	wheelchair" has] "authorized wheelchair or mobility scooter dealer", 57
	93	+	"wheelchair" and "mobility scooter" have the same [meaning] meanings 58
	94	+	as provided in section 42-337, as amended by this act, and (2) "medically 59
	95	+	necessary" means a written determination by a policy holder's health 60
	96	+	care provider that repair or replacement of a [complex rehabilitation 61
	97	+	technology] wheelchair or mobility scooter is necessary to preserve the 62
	98	+	health of such policy holder. 63
	99	+	(b) Each individual health insurance policy providing coverage of the 64
	100	+	types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-65
	101	+	469 delivered, issued for delivery, renewed, amended or continued in 66
	102	+	this state on and after January 1, [2025] 2026, shall not require a new 67
	103	+	prescription or prior authorization for the medically necessary repair or 68
	104	+	replacement of a [complex rehabilitation technology] policy holder's 69
	105	+	wheelchair or mobility scooter unless the original prescription for such 70
	106	+	wheelchair or mobility scooter is more than five years old. 71
	107	+	(c) Each individual health insurance policy providing coverage of the 72
	108	+	types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-73
	109	+	469 delivered, issued for delivery, renewed, amended or continued in 74
	110	+	this state on and after January 1, 2026, shall provide a policy holder 75
	111	+	coverage for (1) the medically necessary repair or replacement of a 76
	112	+	wheelchair or mobility scooter, (2) annual preventive maintenance of a 77
	113	+	wheelchair or mobility scooter, and (3) payment for domestic overnight 78
	114	+	Raised Bill No. 7106
106	115
107	116
108		-	LCO 4 of 7
109	117
110		-	[(5)] (7) "Timely repair" means as soon as practicable but not later 82
111		-	than ten business days after the date of request for repair from a 83
112		-	consumer, provided (A) the consumer makes the wheelchair available, 84
113		-	and (B) any prior authorization required from an insurer has been 85
114		-	acquired. [, and (C)] The timely repair period shall be tolled by any time 86
115		-	spent waiting for prior authorization from an insurer or for delivery of 87
116		-	necessary parts ordered for the repair by an authorized wheelchair 88
117		-	dealer. [shall not be included in the ten business days.] 89
118		-	[(6)] (8) "Wheelchair" means a manual or motorized wheeled device 90
119		-	that enhances the mobility or positioning of an individual with a 91
120		-	disability. [and] "Wheelchair" includes a complex rehabilitation 92
121		-	technology wheelchair but not a mobility scooter. 93
122		-	Sec. 4. Section 42-338 of the general statutes is repealed and the 94
123		-	following is substituted in lieu thereof (Effective July 1, 2025): 95
124		-	(a) An authorized wheelchair dealer shall timely repair a wheelchair, 96
125		-	including a complex rehabilitation technology wheelchair, sold or 97
126		-	leased by such dealer in the state and provide emergency repair when a 98
127		-	consumer's wheelchair is rendered completely inoperable. An 99
128		-	authorized wheelchair dealer who sells or leases a complex 100
129		-	rehabilitation technology wheelchair in the state shall provide timely or 101
130		-	emergency repair of such wheelchair at a consumer's home upon 102
131		-	request and, in consultation with the Office of the Healthcare Advocate, 103
132		-	shall notify consumers, in writing, of their rights pursuant to this section 104
133		-	(1) at the point and time of sale or lease of such wheelchair, (2) in an 105
134		-	annual mailing, (3) on the Internet web site of such dealer, and (4) in all 106
135		-	electronic communications with consumers. 107
136		-	(b) An authorized wheelchair dealer shall maintain an electronic mail 108
137		-	address and a phone line for consumer repair requests that are 109
138		-	accessible each business day and capable of receiving and recording 110
139		-	messages. The authorized wheelchair dealer shall (1) respond to a 111
140		-	request for wheelchair repair and assess the need for such repair not 112
141		-	later than one business day after the date of such request, [and] (2) order 113 Substitute Bill No. 7106
	118	+	LCO No. 5461 4 of 11
	119	+
	120	+	delivery or express international delivery of a wheelchair or mobility 79
	121	+	scooter part necessary for a repair but not on the premises of the 80
	122	+	authorized wheelchair or mobility scooter dealer making such repair. 81
	123	+	[(c)] (d) The Insurance Commissioner shall adopt regulations, in 82
	124	+	accordance with chapter 54, to implement the provisions of this section. 83
	125	+	Sec. 3. Section 38a-518w of the general statutes is repealed and the 84
	126	+	following is substituted in lieu thereof (Effective January 1, 2026): 85
	127	+	(a) As used in this section, (1) ["complex rehabilitation technology 86
	128	+	wheelchair" has] "authorized wheelchair or mobility scooter dealer", 87
	129	+	"wheelchair" and "mobility scooter" have the same [meaning] meanings 88
	130	+	as provided in section 42-337, as amended by this act, and (2) "medically 89
	131	+	necessary" means a written determination by a policy holder's health 90
	132	+	care provider that repair or replacement of a [complex rehabilitation 91
	133	+	technology] wheelchair or mobility scooter is necessary to preserve the 92
	134	+	health of such policy holder. 93
	135	+	(b) Each group health insurance policy providing coverage of the 94
	136	+	types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-95
	137	+	469 delivered, issued for delivery, renewed, amended or continued in 96
	138	+	this state on and after January 1, [2025] 2026, shall not require a new 97
	139	+	prescription or prior authorization for the medically necessary repair or 98
	140	+	replacement of a [complex rehabilitation technology] wheelchair or 99
	141	+	mobility scooter unless the original prescription is more than five years 100
	142	+	old. 101
	143	+	(c) Each group health insurance policy providing coverage of the 102
	144	+	types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-103
	145	+	469 delivered, issued for delivery, renewed, amended or continued in 104
	146	+	this state on and after January 1, 2026, shall provide a policy holder 105
	147	+	coverage for (1) the medically necessary repair or replacement of a 106
	148	+	wheelchair or mobility scooter, (2) annual preventive maintenance of a 107
	149	+	wheelchair or mobility scooter, and (3) payment for domestic overnight 108
	150	+	delivery or express international delivery of a wheelchair or mobility 109
	151	+	Raised Bill No. 7106
142	152
143	153
144		-	LCO 5 of 7
145	154
146		-	parts for a repair not later than three business days after assessing the 114
147		-	need for the repair or after receiving prior authorization from an insurer 115
148		-	for the repair, and (3) employ sufficient staff and stock sufficient parts 116
149		-	to ensure timely repair and emergency repair, if necessary, and a 117
150		-	domestic overnight and international express delivery option for parts 118
151		-	needed for such repairs but not on the premises of such dealer. An 119
152		-	authorized wheelchair dealer shall utilize a scheduling management 120
153		-	system that offers (A) not less than twenty-four-hour notice to a 121
154		-	consumer of a nonemergency repair date and time, (B) follow-up 122
155		-	electronic mail messages to a consumer after a repair request with a 123
156		-	summary of the request and an estimate of time left before a repair is 124
157		-	completed, and (C) a contact number or electronic mail address at the 125
158		-	authorized dealer to resolve problems with the response to the repair 126
159		-	request. An authorized wheelchair dealer shall provide a written receipt 127
160		-	to a consumer upon completion of the repair that records the type of 128
161		-	repair, the date the repair was requested and the date the repair was 129
162		-	completed. 130
163		-	(c) On and after July 1, 2024, the Office of the Healthcare Advocate, 131
164		-	in consultation with the Department of Consumer Protection, shall 132
165		-	maintain a phone number and electronic mail address to be posted 133
166		-	conspicuously on the Internet web sites of the Office of the Healthcare 134
167		-	Advocate and the department, to receive and record complaints 135
168		-	regarding timely repair issues. Not later than January 1, 2025, and 136
169		-	annually thereafter, the Healthcare Advocate shall submit a report to the 137
170		-	joint standing committees of the General Assembly having cognizance 138
171		-	of matters relating to general law, human services and insurance 139
172		-	regarding the complaints received and recorded pursuant to this 140
173		-	subsection. The Office of the Healthcare Advocate shall, within 141
174		-	available appropriations, conduct a public awareness campaign to 142
175		-	inform consumers of their rights concerning timely wheelchair repair 143
176		-	under state law. 144
177		-	(d) [Not later than December 31, 2024, and annually thereafter, an] 145
178		-	An authorized wheelchair dealer that contracts with the Department of 146
179		-	Social Services to sell or lease wheelchairs to Medicaid recipients shall 147 Substitute Bill No. 7106
	155	+	LCO No. 5461 5 of 11
	156	+
	157	+	scooter part necessary for a repair but not on the premises of the 110
	158	+	authorized wheelchair or mobility scooter dealer making such repair. 111
	159	+	[(c)] (d) The Insurance Commissioner shall adopt regulations, in 112
	160	+	accordance with chapter 54, to implement the provisions of this section. 113
	161	+	Sec. 4. (NEW) (Effective January 1, 2026) As used in this section, 114
	162	+	"wheelchair" and "mobility scooter" have the same meanings as 115
	163	+	provided in section 42-337 of the general statutes, as amended by this 116
	164	+	act. Except as otherwise required in any collective bargaining 117
	165	+	agreement, the State Comptroller shall make available to an enrollee of 118
	166	+	the state employee health plan established pursuant to section 5-259 of 119
	167	+	the general statutes coverage for medically necessary wheelchairs and 120
	168	+	mobility scooters and repair of such wheelchairs and mobility scooters 121
	169	+	consistent with the provisions for such wheelchairs and mobility 122
	170	+	scooters provided in sections 38a-492w of the general statutes, as 123
	171	+	amended by this act, and 38a-518w of the general statutes, as amended 124
	172	+	by this act. 125
	173	+	Sec. 5. Section 42-337 of the general statutes is repealed and the 126
	174	+	following is substituted in lieu thereof (Effective July 1, 2025): 127
	175	+	As used in this section and [section] sections 42-338 and 42-339, as 128
	176	+	amended by this act: 129
	177	+	(1) "Authorized wheelchair or mobility scooter dealer" means any 130
	178	+	company doing business in the state selling or leasing wheelchairs, 131
	179	+	including complex rehabilitation technology wheelchairs, mobility 132
	180	+	scooters, or both. 133
	181	+	(2) "Complex rehabilitation technology" has the same meaning as 134
	182	+	provided in section 17b-278j. 135
	183	+	(3) "Complex rehabilitation technology wheelchair" means a 136
	184	+	specialized, medically necessary manual or powered wheelchair 137
	185	+	individually configured for the user with specialized equipment that 138
	186	+	Raised Bill No. 7106
180	187
181	188
182		-	LCO 6 of 7
183	189
184		-	submit a monthly report to the Commissioner of Social Services and the 148
185		-	advisory council established pursuant to section 42-339 regarding repair 149
186		-	of such wheelchairs. Not later than August 1, 2025, the advisory council 150
187		-	shall approve and disseminate to authorized wheelchair dealers a 151
188		-	uniform definition for the term "wheelchair repair technician" and 152
189		-	qualifications for such technician for use by such dealers in required 153
190		-	reporting. On and after September 1, 2025, any authorized wheelchair 154
191		-	dealer in the state, regardless of whether such dealer contracts with the 155
192		-	Department of Social Services to sell or lease wheelchairs to Medicaid 156
193		-	recipients, shall submit a monthly report and an annual report 157
194		-	compiling the data of the monthly reports to the commissioner and said 158
195		-	council. The [report] reports shall include, but need not be limited to, 159
196		-	the number and duties of such dealer's staff, including, but not limited 160
197		-	to, wheelchair repair technicians, and minimum, maximum and average 161
198		-	times from the date and time of a repair request for the authorized 162
199		-	wheelchair dealer to: (1) [respond] Respond; (2) conduct a repair 163
200		-	assessment (A) in the home or other community location, (B) remotely, 164
201		-	or (C) at a repair facility; (3) request any necessary prior authorization 165
202		-	from the Department of Social Services or a private insurer and receive 166
203		-	a decision from the department or private insurer on such request; (4) 167
204		-	order any wheelchair parts needed; (5) receive delivery of any needed 168
205		-	repair parts; and (6) complete repairs (A) in the home or other 169
206		-	community location, (B) remotely, or (C) at a repair facility. 170
207		-	(e) On and after October 1, 2025, the Commissioner of Social Services 171
208		-	may recoup or withhold Medicaid payments for an authorized 172
209		-	wheelchair dealer whose repair record for Medicaid -funded 173
210		-	wheelchairs meets the definition of systemic noncompliance provided 174
211		-	in section 42-337, as amended by this act. 175
212		-	(f) Nothing in this section shall be construed to limit the rights or 176
213		-	remedies of a consumer pursuant to sections 42-330 to 42-334, inclusive. 177
	190	+	LCO No. 5461 6 of 11
	191	+
	192	+	requires evaluation, configuration, fitting, adjustment, programming 139
	193	+	and long-term maintenance and repair services. 140
	194	+	(4) "Consumer" means the purchaser or lessee of a wheelchair, 141
	195	+	including a complex rehabilitation technology wheelchair, or mobility 142
	196	+	scooter, irrespective of whether the purchase or lease of the wheelchair 143
	197	+	or mobility scooter is funded in whole or in part by the consumer or 144
	198	+	privately or publicly funded health insurance. 145
	199	+	(5) "Emergency repair" means repair services when a wheelchair or 146
	200	+	mobility scooter is completely inoperable on weekends and holidays 147
	201	+	and may include remote repair services if such service renders the 148
	202	+	wheelchair or mobility scooter operable. 149
	203	+	(6) "Mobility scooter" means a medically necessary, battery-powered 150
	204	+	vehicle with a seat, three or four wheels and a stable foot rest prescribed 151
	205	+	by a licensed health care provider for a person with a physical disability 152
	206	+	that impairs such person's mobility. 153
	207	+	(7) "Systemic noncompliance" means the failure by an authorized 154
	208	+	wheelchair or mobility scooter dealer to meet timely repair 155
	209	+	requirements for more than five per cent of repair requests in a thirty-156
	210	+	day period. 157
	211	+	[(5)] (8) "Timely repair" means as soon as practicable but not later 158
	212	+	than ten business days after the date of request for repair from a 159
	213	+	consumer, provided (A) the consumer makes the wheelchair or mobility 160
	214	+	scooter available, and (B) any prior authorization required from an 161
	215	+	insurer has been acquired. [, and (C)] The timely repair period shall be 162
	216	+	tolled by any time spent waiting for prior authorization from an insurer 163
	217	+	or for delivery of necessary parts ordered for the repair by an authorized 164
	218	+	wheelchair or mobility scooter dealer. [shall not be included in the ten 165
	219	+	business days.] 166
	220	+	[(6)] (9) "Wheelchair" means a manual or motorized wheeled device 167
	221	+	that enhances the mobility or positioning of an individual with a 168
	222	+	Raised Bill No. 7106
	223	+
	224	+
	225	+
	226	+	LCO No. 5461 7 of 11
	227	+
	228	+	disability and includes a complex rehabilitation technology wheelchair. 169
	229	+	Sec. 6. Section 42-338 of the general statutes is repealed and the 170
	230	+	following is substituted in lieu thereof (Effective July 1, 2025): 171
	231	+	(a) An authorized wheelchair or mobility scooter dealer shall timely 172
	232	+	repair a wheelchair, including a complex rehabilitation technology 173
	233	+	wheelchair [,] or mobility scooter, sold or leased by such dealer in the 174
	234	+	state and provide emergency repair when a consumer's wheelchair or 175
	235	+	mobility scooter is rendered completely inoperable. An authorized 176
	236	+	wheelchair or mobility scooter dealer who sells or leases a complex 177
	237	+	rehabilitation technology wheelchair or mobility scooter in the state 178
	238	+	shall provide timely or emergency repair of such wheelchair or mobility 179
	239	+	scooter at a consumer's home upon request and, in consultation with the 180
	240	+	Office of the Healthcare Advocate, shall notify consumers in writing of 181
	241	+	their rights pursuant to this section at (1) the point and time of sale or 182
	242	+	lease of such wheelchair or mobility scooter, (2) in an annual mailing, 183
	243	+	(3) on the Internet web site of such dealer, and (4) in all electronic 184
	244	+	communications with consumers. 185
	245	+	(b) An authorized wheelchair or mobility scooter dealer shall 186
	246	+	maintain an electronic mail address and a phone line for consumer 187
	247	+	repair requests that are accessible each business day and capable of 188
	248	+	receiving and recording messages. The authorized wheelchair or 189
	249	+	mobility scooter dealer shall (1) respond to a request for wheelchair or 190
	250	+	mobility scooter repair and assess the need for such repair not later than 191
	251	+	one business day after the date of such request, [and] (2) order parts for 192
	252	+	a repair not later than three business days after assessing the need for 193
	253	+	the repair or after receiving prior authorization from an insurer for the 194
	254	+	repair, and (3) employ sufficient staff and stock sufficient parts to ensure 195
	255	+	timely repair and emergency repair, if necessary, and a domestic 196
	256	+	overnight and international express delivery option for parts needed for 197
	257	+	such repairs but not on the premises of such dealer. An authorized 198
	258	+	wheelchair or mobility scooter dealer shall utilize a scheduling 199
	259	+	management system that offers (A) sufficient notice to a consumer of a 200
	260	+	Raised Bill No. 7106
	261	+
	262	+
	263	+
	264	+	LCO No. 5461 8 of 11
	265	+
	266	+	repair date and time, (B) follow-up electronic mail messages to a 201
	267	+	consumer after a repair request with a summary of the request and an 202
	268	+	estimate of time left before a repair is completed, and (C) a contact 203
	269	+	number or email address at the authorized dealer to resolve problems 204
	270	+	with the response to the repair request. An authorized wheelchair or 205
	271	+	mobility scooter dealer shall provide a written receipt to a consumer 206
	272	+	upon completion of the repair that records the type of repair, the date 207
	273	+	the repair was requested and the date the repair was completed. 208
	274	+	(c) On and after July 1, 2024, the Office of the Healthcare Advocate, 209
	275	+	in consultation with the Department of Consumer Protection, shall 210
	276	+	maintain a phone number and electronic mail address to be posted 211
	277	+	conspicuously on the Internet web sites of the Office of the Healthcare 212
	278	+	Advocate and the department, to receive and record complaints 213
	279	+	regarding timely repair issues. Not later than January 1, 2025, and 214
	280	+	annually thereafter, the Healthcare Advocate shall submit a report to the 215
	281	+	joint standing committees of the General Assembly having cognizance 216
	282	+	of matters relating to general law, human services and insurance 217
	283	+	regarding the complaints received and recorded pursuant to this 218
	284	+	subsection. The Office of the Healthcare Advocate shall, within 219
	285	+	available appropriations, conduct a public awareness campaign to 220
	286	+	inform consumers of their rights concerning timely wheelchair and 221
	287	+	mobility scooter repair under state law. 222
	288	+	(d) [Not later than December 31, 2024, and annually thereafter, an] 223
	289	+	An authorized wheelchair or mobility scooter dealer that contracts with 224
	290	+	the Department of Social Services to sell or lease wheelchairs or mobility 225
	291	+	scooters to Medicaid recipients shall submit a monthly report to the 226
	292	+	Commissioner of Social Services and the advisory council established 227
	293	+	pursuant to section 42-339, as amended by this act, regarding repair of 228
	294	+	such wheelchairs or mobility scooters. Not later than August 1, 2025, the 229
	295	+	advisory council shall approve and disseminate to authorized 230
	296	+	wheelchair and mobility scooter dealers a uniform definition for the 231
	297	+	term "wheelchair or mobility scooter repair technician" and 232
	298	+	qualifications for such technician for use by such dealers in required 233
	299	+	Raised Bill No. 7106
	300	+
	301	+
	302	+
	303	+	LCO No. 5461 9 of 11
	304	+
	305	+	reporting. On and after September 1, 2025, any authorized wheelchair 234
	306	+	or mobility scooter dealer in the state, regardless of whether such dealer 235
	307	+	contracts with the Department of Social Services to sell or lease 236
	308	+	wheelchairs or mobility scooters to Medicaid recipients, shall submit a 237
	309	+	monthly report and an annual report compiling the data of the monthly 238
	310	+	reports to the commissioner and said council. The [report] reports shall 239
	311	+	include, but need not be limited to, number, duties and starting and 240
	312	+	average compensation and benefits of such dealer's staff, including, but 241
	313	+	not limited to, wheelchair or mobility scooter repair technicians, any 242
	314	+	data available on national starting and average compensation and 243
	315	+	benefits for such technicians, new job postings for such technicians and 244
	316	+	minimum, maximum and average times from the date and time of a 245
	317	+	repair request for the authorized wheelchair or mobility scooter dealer 246
	318	+	to: (1) [respond] Respond; (2) conduct a repair assessment (A) in the 247
	319	+	home or other community location, (B) remotely, or (C) at a repair 248
	320	+	facility; (3) request any necessary prior authorization from the 249
	321	+	Department of Social Services or a private insurer and receive a decision 250
	322	+	from the department or private insurer on such request; (4) order any 251
	323	+	wheelchair or mobility scooter parts needed; (5) receive delivery of any 252
	324	+	needed repair parts; and (6) complete repairs (A) in the home or other 253
	325	+	community location, (B) remotely, or (C) at a repair facility. 254
	326	+	(e) On and after October 1, 2025, it shall be an unfair or deceptive act 255
	327	+	or practice pursuant to subsection (a) of section 42-110b for an 256
	328	+	authorized wheelchair or mobility scooter dealer whose repair record 257
	329	+	meets the definition of systemic noncompliance provided in section 42-258
	330	+	337, as amended by this act, to violate the provisions of this section. 259
	331	+	(f) Nothing in this section shall be construed to limit the rights or 260
	332	+	remedies of a consumer pursuant to sections 42-330 to 42-334, inclusive. 261
	333	+	Sec. 7. Subsections (a) and (b) of section 42-339 of the general statutes 262
	334	+	are repealed and the following is substituted in lieu thereof (Effective July 263
	335	+	1, 2025): 264
	336	+	Raised Bill No. 7106
	337	+
	338	+
	339	+
	340	+	LCO No. 5461 10 of 11
	341	+
	342	+	(a) There is established a [complex rehabilitation technology and] 265
	343	+	wheelchair and mobility scooter repair advisory council to monitor 266
	344	+	repairs of wheelchairs, including complex rehabilitation technology 267
	345	+	wheelchairs, and mobility scooters, as defined in section 42-337, as 268
	346	+	amended by this act, and to make recommendations concerning 269
	347	+	improving repair times. 270
	348	+	(b) The advisory council shall consist of the following members: 271
	349	+	(1) Two appointed by the House and Senate chairpersons of the joint 272
	350	+	standing committee of the General Assembly having cognizance of 273
	351	+	matters relating to human services, one of whom is a consumer who 274
	352	+	uses a complex rehabilitation technology wheelchair or a mobility 275
	353	+	scooter purchased, leased or repaired under the Medicaid program, and 276
	354	+	one of whom is a representative of the state advocacy system for persons 277
	355	+	with disabilities, established pursuant to section 46a-10b; 278
	356	+	(2) Two appointed by the House and Senate ranking members of the 279
	357	+	joint standing committee of the General Assembly having cognizance of 280
	358	+	matters relating to human services, one of whom is a consumer who 281
	359	+	uses a [complex rehabilitation technology] wheelchair or a mobility 282
	360	+	scooter purchased, leased or repaired under a private health insurance 283
	361	+	policy, and one of whom is an authorized wheelchair or mobility scooter 284
	362	+	dealer, as defined in section 42-337, as amended by this act; 285
	363	+	(3) Two appointed by the House and Senate chairpersons of the joint 286
	364	+	standing committee of the General Assembly having cognizance of 287
	365	+	matters relating to general law, each of whom is a representative of an 288
	366	+	organization that represents persons with physical disabilities; 289
	367	+	(4) Two appointed by the House and Senate ranking members of the 290
	368	+	joint standing committee of the General Assembly having cognizance of 291
	369	+	matters relating to general law, each of whom is a consumer who 292
	370	+	privately pays for [complex rehabilitation technology] wheelchairs or 293
	371	+	mobility scooters; 294
	372	+	Raised Bill No. 7106
	373	+
	374	+
	375	+
	376	+	LCO No. 5461 11 of 11
	377	+
	378	+	(5) The Commissioner of Aging and Disability Services, or the 295
	379	+	commissioner's designee; 296
	380	+	(6) The Insurance Commissioner, or the commissioner's designee; 297
	381	+	(7) The Commissioner of Social Services, or the commissioner's 298
	382	+	designee; 299
	383	+	(8) The Healthcare Advocate, or the Healthcare Advocate's designee; 300
	384	+	and 301
	385	+	(9) The Commissioner of Consumer Protection, or the commissioner's 302
	386	+	designee. 303
214	387		This act shall take effect as follows and shall amend the following
215	388		sections:
216		-	Substitute Bill No. 7106
217		-
218		-
219		-	LCO 7 of 7
220	389
221	390		Section 1 July 1, 2025 17b-278i
222		-	Sec. 2 January 1, 2026 New section
223		-	Sec. 3 July 1, 2025 42-337
224		-	Sec. 4 July 1, 2025 42-338
	391	+	Sec. 2 January 1, 2026 38a-492w
	392	+	Sec. 3 January 1, 2026 38a-518w
	393	+	Sec. 4 January 1, 2026 New section
	394	+	Sec. 5 July 1, 2025 42-337
	395	+	Sec. 6 July 1, 2025 42-338
	396	+	Sec. 7 July 1, 2025 42-339(a) and (b)
225	397
226		-	HS Joint Favorable Subst.
	398	+	Statement of Purpose:
	399	+	To implement the recommendations of an advisory council on
	400	+	wheelchair repair concerning timely repair of wheelchairs and mobility
	401	+	scooters.
	402	+
	403	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	404	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	405	+	underlined.]
227	406