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| 2 | 2 | | HOUSE DOCKET, NO. 1574 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 202 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joseph D. McKenna and David K. Muradian, Jr. |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act expanding wheelchair protection for consumers with disabilities. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/18/2023David K. Muradian, Jr.9th Worcester1/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1574 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 202 |
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| 18 | 18 | | By Representatives McKenna of Webster and Muradian of Grafton, a petition (accompanied by |
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| 19 | 19 | | bill, House, No. 202) of Joseph D. McKenna and David K. Muradian, Jr. relative to expanding |
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| 20 | 20 | | wheelchair protection for consumers with disabilities. Children, Families and Persons with |
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| 21 | 21 | | Disabilities. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act expanding wheelchair protection for consumers with disabilities. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Chapter 93 of the General Laws, as appearing in the most recent edition, is |
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| 31 | 31 | | 2hereby amended by inserting after section 107 the following new section:- |
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| 32 | 32 | | 3 Section 107A. |
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| 33 | 33 | | 4 (a) As set forth in this section, the term “authorized wheelchair supplier” shall mean, any |
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| 34 | 34 | | 5seller of a wheelchair that supplies products and services of complex rehabilitation technology |
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| 35 | 35 | | 6equipment. |
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| 36 | 36 | | 7 The term “complex rehabilitation technology wheelchair” shall mean, a specialized, |
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| 37 | 37 | | 8medically necessary, and individually configured manual or power wheelchair. The provision of |
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| 38 | 38 | | 9this specialized equipment requires evaluation, configuration, fitting, adjustment, and |
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| 39 | 39 | | 10programming along with long-term maintenance and repair services. 2 of 2 |
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| 40 | 40 | | 11 (b) Prior authorization for any repair of a complex rehabilitation technology wheelchair |
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| 41 | 41 | | 12shall not be required by any payor. |
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| 42 | 42 | | 13 (c) (1) Any authorized wheelchair supplier that provides a complex rehabilitation |
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| 43 | 43 | | 14technology wheelchair shall be required to repair said product in a timely manner within |
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| 44 | 44 | | 15Massachusetts. Pursuant to this subsection, the Department of Public Health shall establish |
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| 45 | 45 | | 16standards for repairing complex rehabilitation technology wheelchairs in a timely manner and the |
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| 46 | 46 | | 17expected quality of each repair. Prior to promulgating any standards or regulations pursuant to |
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| 47 | 47 | | 18this subsection, the Department of Public Health shall engage in a stakeholder process, which |
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| 48 | 48 | | 19process shall include qualified complex rehabilitation technology professionals, authorized |
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| 49 | 49 | | 20wheelchair suppliers, and complex rehabilitation technology consumers. This stakeholder |
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| 50 | 50 | | 21process will be used to develop the metrics for timeliness and quality of repair |
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| 51 | 51 | | 22 (2) The department shall enforce existing regulations in regards to authorized wheelchair |
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| 52 | 52 | | 23suppliers servicing equipment they sell within the commonwealth |
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| 53 | 53 | | 24 (3) The Department of Public Health shall develop an attestation statement that the |
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| 54 | 54 | | 25authorized wheelchair supplier shall submit affirming that the authorized wheelchair supplier is |
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| 55 | 55 | | 26compliant with the applicable repair and service requirements through the department’s |
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| 56 | 56 | | 27enrollment and revalidation process. |
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| 57 | 57 | | 28 (d) The Department of MassHealth in conjunction with the Division of Insurance shall |
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| 58 | 58 | | 29establish a fee schedule to reimburse authorized wheelchair suppliers for the evaluation and |
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| 59 | 59 | | 30diagnosis of complex rehabilitation technology wheelchair repairs. |
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| 60 | 60 | | 31 (e) This section shall take effect six months after the effective date in order for any |
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| 61 | 61 | | 32regulations necessary to effectuate its purpose to be promulgated. |
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