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