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General Assembly Substitute Bill No. 7106
January Session, 2025
AN ACT CONCERNING RECOMMENDATIONS OF AN ADVISORY
COUNCIL ON WHEELCHAIR REPAIR.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17b-278i of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2025): 2
(a) As used in this section, (1) "customized wheelchair" means a 3
wheelchair built, designed or outfitted for a Medicaid recipient with a 4
physical disability unable to achieve maximum mobility with a 5
standard wheelchair and includes a complex rehabilitation technology 6
wheelchair, (2) "authorized wheelchair dealer", "complex rehabilitation 7
technology wheelchair", [and] "timely repair" and "emergency repair" 8
have the same meanings as provided in section 42-337, as amended by 9
this act, and (3) "medically necessary" has the same meaning as 10
provided in section 17b-259b. Customized wheelchairs shall be covered 11
under the Medicaid program only when "medically necessary" and a 12
standard wheelchair does not meet an individual's needs as determined 13
by the Department of Social Services. Wheelchair repairs and parts 14
replacements may be subject to review and approval by the department. 15
Refurbished wheelchairs, parts and components shall be utilized 16
whenever practicable. The Department of Social Services may designate 17
categories of durable medical equipment in addition to customized 18
wheelchairs for which reused equipment, parts and components shall 19 Substitute Bill No. 7106
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be utilized whenever practicable. 20
(b) Notwithstanding the provisions of subsection (a) of this section, 21
[on and after July 1, 2024,] the Commissioner of Social Services shall not 22
require a new prescription or prior authorization for the medically 23
necessary repair of a customized wheelchair unless the original 24
prescription for such wheelchair is more than five years old. The 25
commissioner shall provide coverage under the medical assistance 26
program for (1) the medically necessary repair or replacement of a 27
Medicaid recipient's customized wheelchair, (2) transportation by a 28
Medicaid recipient to a repair facility of an authorized wheelchair dealer 29
to repair such recipient's customized wheelchair, (3) annual preventive 30
maintenance of a Medicaid recipient's customized wheelchair, and (4) 31
payment for domestic overnight delivery or express international 32
delivery of a customized wheelchair part necessary for a repair but not 33
on the premises of the authorized wheelchair dealer making the repair. 34
(c) The commissioner shall inform Medicaid recipients who use 35
customized wheelchairs of their rights to timely and emergency repair 36
pursuant to section 42-338, as amended by this act. The commissioner 37
shall seek any federal approval necessary, including amending the 38
Medicaid state plan or applying for a Medicaid waiver, to implement 39
the provisions of this section. 40
(d) The commissioner, pursuant to section 17b-10, may implement 41
policies and procedures necessary to administer the provisions of this 42
section while in the process of adopting such policies and procedures as 43
regulations, provided the commissioner posts notice of intent to adopt 44
regulations on the eRegulations System not later than twenty days after 45
the date of implementation. Policies and procedures implemented 46
pursuant to this section shall be valid until the time final regulations are 47
adopted. 48
Sec. 2. (NEW) (Effective January 1, 2026) As used in this section, 49
"wheelchair" has the same meaning as provided in section 42-337 of the 50
general statutes, as amended by this act. Except as otherwise required 51 Substitute Bill No. 7106
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in any collective bargaining agreement, the State Comptroller shall 52
make available to an enrollee of the state employee health plan, 53
established pursuant to section 5-259 of the general statutes, coverage 54
for medically necessary wheelchairs and timely repair of such 55
wheelchairs consistent with the provisions of section 42-338 of the 56
general statutes, as amended by this act. 57
Sec. 3. Section 42-337 of the general statutes is repealed and the 58
following is substituted in lieu thereof (Effective July 1, 2025): 59
As used in this section and section 42-338, as amended by this act: 60
(1) "Authorized wheelchair dealer" means any company doing 61
business in the state selling or leasing wheelchairs, including complex 62
rehabilitation technology wheelchairs. 63
(2) "Complex rehabilitation technology" has the same meaning as 64
provided in section 17b-278j. 65
(3) "Complex rehabilitation technology wheelchair" means a 66
specialized, medically necessary manual or powered wheelchair 67
individually configured for the user with specialized equipment that 68
requires evaluation, configuration, fitting, adjustment, programming 69
and long-term maintenance and repair services. 70
(4) "Consumer" means the purchaser or lessee of a wheelchair, 71
including a complex rehabilitation technology wheelchair, irrespective 72
of whether the purchase or lease of the wheelchair is funded in whole 73
or in part by the consumer or privately or publicly funded health 74
insurance. 75
(5) "Emergency repair" means repair services when a wheelchair is 76
completely inoperable on weekends and holidays and may include 77
remote repair services if such service renders the wheelchair operable. 78
(6) "Systemic noncompliance" means the failure by an authorized 79
wheelchair dealer to meet timely repair requirements for more than five 80
per cent of repair requests in a thirty-day period. 81 Substitute Bill No. 7106
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[(5)] (7) "Timely repair" means as soon as practicable but not later 82
than ten business days after the date of request for repair from a 83
consumer, provided (A) the consumer makes the wheelchair available, 84
and (B) any prior authorization required from an insurer has been 85
acquired. [, and (C)] The timely repair period shall be tolled by any time 86
spent waiting for prior authorization from an insurer or for delivery of 87
necessary parts ordered for the repair by an authorized wheelchair 88
dealer. [shall not be included in the ten business days.] 89
[(6)] (8) "Wheelchair" means a manual or motorized wheeled device 90
that enhances the mobility or positioning of an individual with a 91
disability. [and] "Wheelchair" includes a complex rehabilitation 92
technology wheelchair but not a mobility scooter. 93
Sec. 4. Section 42-338 of the general statutes is repealed and the 94
following is substituted in lieu thereof (Effective July 1, 2025): 95
(a) An authorized wheelchair dealer shall timely repair a wheelchair, 96
including a complex rehabilitation technology wheelchair, sold or 97
leased by such dealer in the state and provide emergency repair when a 98
consumer's wheelchair is rendered completely inoperable. An 99
authorized wheelchair dealer who sells or leases a complex 100
rehabilitation technology wheelchair in the state shall provide timely or 101
emergency repair of such wheelchair at a consumer's home upon 102
request and, in consultation with the Office of the Healthcare Advocate, 103
shall notify consumers, in writing, of their rights pursuant to this section 104
(1) at the point and time of sale or lease of such wheelchair, (2) in an 105
annual mailing, (3) on the Internet web site of such dealer, and (4) in all 106
electronic communications with consumers. 107
(b) An authorized wheelchair dealer shall maintain an electronic mail 108
address and a phone line for consumer repair requests that are 109
accessible each business day and capable of receiving and recording 110
messages. The authorized wheelchair dealer shall (1) respond to a 111
request for wheelchair repair and assess the need for such repair not 112
later than one business day after the date of such request, [and] (2) order 113 Substitute Bill No. 7106
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parts for a repair not later than three business days after assessing the 114
need for the repair or after receiving prior authorization from an insurer 115
for the repair, and (3) employ sufficient staff and stock sufficient parts 116
to ensure timely repair and emergency repair, if necessary, and a 117
domestic overnight and international express delivery option for parts 118
needed for such repairs but not on the premises of such dealer. An 119
authorized wheelchair dealer shall utilize a scheduling management 120
system that offers (A) not less than twenty-four-hour notice to a 121
consumer of a nonemergency repair date and time, (B) follow-up 122
electronic mail messages to a consumer after a repair request with a 123
summary of the request and an estimate of time left before a repair is 124
completed, and (C) a contact number or electronic mail address at the 125
authorized dealer to resolve problems with the response to the repair 126
request. An authorized wheelchair dealer shall provide a written receipt 127
to a consumer upon completion of the repair that records the type of 128
repair, the date the repair was requested and the date the repair was 129
completed. 130
(c) On and after July 1, 2024, the Office of the Healthcare Advocate, 131
in consultation with the Department of Consumer Protection, shall 132
maintain a phone number and electronic mail address to be posted 133
conspicuously on the Internet web sites of the Office of the Healthcare 134
Advocate and the department, to receive and record complaints 135
regarding timely repair issues. Not later than January 1, 2025, and 136
annually thereafter, the Healthcare Advocate shall submit a report to the 137
joint standing committees of the General Assembly having cognizance 138
of matters relating to general law, human services and insurance 139
regarding the complaints received and recorded pursuant to this 140
subsection. The Office of the Healthcare Advocate shall, within 141
available appropriations, conduct a public awareness campaign to 142
inform consumers of their rights concerning timely wheelchair repair 143
under state law. 144
(d) [Not later than December 31, 2024, and annually thereafter, an] 145
An authorized wheelchair dealer that contracts with the Department of 146
Social Services to sell or lease wheelchairs to Medicaid recipients shall 147 Substitute Bill No. 7106
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submit a monthly report to the Commissioner of Social Services and the 148
advisory council established pursuant to section 42-339 regarding repair 149
of such wheelchairs. Not later than August 1, 2025, the advisory council 150
shall approve and disseminate to authorized wheelchair dealers a 151
uniform definition for the term "wheelchair repair technician" and 152
qualifications for such technician for use by such dealers in required 153
reporting. On and after September 1, 2025, any authorized wheelchair 154
dealer in the state, regardless of whether such dealer contracts with the 155
Department of Social Services to sell or lease wheelchairs to Medicaid 156
recipients, shall submit a monthly report and an annual report 157
compiling the data of the monthly reports to the commissioner and said 158
council. The [report] reports shall include, but need not be limited to, 159
the number and duties of such dealer's staff, including, but not limited 160
to, wheelchair repair technicians, and minimum, maximum and average 161
times from the date and time of a repair request for the authorized 162
wheelchair dealer to: (1) [respond] Respond; (2) conduct a repair 163
assessment (A) in the home or other community location, (B) remotely, 164
or (C) at a repair facility; (3) request any necessary prior authorization 165
from the Department of Social Services or a private insurer and receive 166
a decision from the department or private insurer on such request; (4) 167
order any wheelchair parts needed; (5) receive delivery of any needed 168
repair parts; and (6) complete repairs (A) in the home or other 169
community location, (B) remotely, or (C) at a repair facility. 170
(e) On and after October 1, 2025, the Commissioner of Social Services 171
may recoup or withhold Medicaid payments for an authorized 172
wheelchair dealer whose repair record for Medicaid -funded 173
wheelchairs meets the definition of systemic noncompliance provided 174
in section 42-337, as amended by this act. 175
(f) Nothing in this section shall be construed to limit the rights or 176
remedies of a consumer pursuant to sections 42-330 to 42-334, inclusive. 177
This act shall take effect as follows and shall amend the following
sections:
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Section 1 July 1, 2025 17b-278i
Sec. 2 January 1, 2026 New section
Sec. 3 July 1, 2025 42-337
Sec. 4 July 1, 2025 42-338
HS Joint Favorable Subst.