Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S210 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 1384 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 210
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Cronin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act expanding wheelchair warranty protections for consumers with disabilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John J. CroninWorcester and MiddlesexCindy F. FriedmanFourth Middlesex2/12/2025Sally P. Kerans13th Essex2/18/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/18/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/18/2025Sal N. DiDomenicoMiddlesex and Suffolk2/27/2025James B. EldridgeMiddlesex and Worcester3/4/2025 1 of 15
16	16	SENATE DOCKET, NO. 1384 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 210
18	18	By Mr. Cronin, a petition (accompanied by bill, Senate, No. 210) of John J. Cronin, Cindy F.
19	19	Friedman, Sally P. Kerans, Jacob R. Oliveira and other members of the General Court for
20	20	legislation to expand wheelchair warranty protections for consumers with disabilities. Consumer
21	21	Protection and Professional Licensure.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2546 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act expanding wheelchair warranty protections for consumers with disabilities.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after
33	33	2section 17S the following section:-
34	34	3 Section 17T. For purposes of this section, “complex rehabilitation technology
35	35	4wheelchair” shall mean an individually-configured manual or motorized wheeled device that
36	36	5requires evaluation, configuration, fitting, adjustment or programming that is medically
37	37	6necessary to enhance the mobility or positioning of an individual with a disability.
38	38	7 Any coverage offered by the commission to an active or retired employee of the
39	39	8commonwealth insured under the commission shall not require a member to obtain a 2 of 15
40	40	9preauthorization for any repair of a complex rehabilitation technology wheelchair estimated to
41	41	10cost less than $1,000.
42	42	11 SECTION 2. Chapter 93 of the General Laws is hereby amended by striking out section
43	43	12107, as appearing in the 2022 Official Edition, and inserting in place thereof the following
44	44	13section:-
45	45	14 Section 107. (a) As used in this section, the following words shall have the following
46	46	15meanings unless the context clearly indicates otherwise:
47	47	16 “Authorized wheelchair dealer”, any seller of a wheelchair that: (i) has an exclusive
48	48	17distribution arrangement within a specified geographic area with any person or entity that
49	49	18manufacturers or assembles the type of wheelchair at issue; or (ii) is designated by the person or
50	50	19entity that manufactures or assembles the type of wheelchair at issue to repair or accept for repair
51	51	20such type of wheelchair.
52	52	21 “Collateral costs”, expenses incurred by a consumer in connection with the repair of a
53	53	22nonconformity, including, but not limited to: (i) the cost to rent a wheelchair or other assistive
54	54	23device for mobility during the time repairs are attempted and until the receipt of a replacement
55	55	24wheelchair; (ii) the cost of shipping a wheelchair that has a nonconformity to a manufacturer,
56	56	25lessor or authorized wheelchair dealer for repair or replacement; and (iii) out-of-pocket medical
57	57	26expenses for the treatment of any physical injury caused by the nonconformity in the wheelchair.
58	58	27 “Consumer”, (i) the purchaser of a wheelchair, including purchases covered by private or
59	59	28public insurance, if the wheelchair was purchased from a wheelchair dealer or manufacturer for
60	60	29purposes other than resale; (ii) a person to whom the wheelchair is transferred for purposes other
61	61	30than resale; provided, however, that such transfer shall occur before the expiration of an express 3 of 15
62	62	31warranty applicable to the wheelchair; (iii) a person who may enforce the express warranty
63	63	32applicable to the wheelchair; or (iv) a person who leases a wheelchair from a wheelchair lessor
64	64	33under a written lease; provided, however, that “consumer” shall include those who have not paid
65	65	34all or some out of pocket costs for the purchase or lease of a wheelchair.
66	66	35 “Defective”, having a condition of nonconformity.
67	67	36 “Early termination cost”, an expense or obligation incurred by a wheelchair lessor as a
68	68	37result of both the termination of a written lease before the termination date set forth in such lease
69	69	38and the return of a wheelchair to a manufacturer pursuant to paragraph (3) of subsection (c);
70	70	39provided, however, that “early termination cost” shall include a penalty for prepayment under a
71	71	40finance arrangement.
72	72	41 “Early termination savings”, an expense or obligation avoided by a wheelchair lessor as a
73	73	42result of both the termination of a written lease before the termination date set forth in such lease
74	74	43and the return of a wheelchair to a manufacturer pursuant to paragraph (3) of subsection (c);
75	75	44provided, however, that “early termination savings” shall include interest charges that a
76	76	45wheelchair lessor would have paid to finance the wheelchair or, if the wheelchair was not
77	77	46financed, the difference between the total amount for which the lease obligates the consumer
78	78	47during the period of the lease term remaining after the early termination and the present value of
79	79	48such amount at the date of the early termination.
80	80	49 “Express warranty”, a warranty that guarantees that the wheelchair shall be free from any
81	81	50condition or defect that substantially impairs the use, value or safety of the wheelchair.
82	82	51 “Manufacturer”, a person or entity that manufactures or assembles wheelchairs and
83	83	52agents of that person or entity, including an authorized wheelchair dealer, an importer, a 4 of 15
84	84	53distributor, factory branch, distributor branch and any warrantors of the manufacturer's
85	85	54wheelchair; provided, however, that “manufacturer” shall not include a professional who
86	86	55fabricates, without charge, a device for use in the course of medical treatment.
87	87	56 “Nonconformity”, a condition or defect that substantially impairs the use, value or safety
88	88	57of a wheelchair and that is covered by an express warranty applicable to the wheelchair or to a
89	89	58component of the wheelchair; provided, however, that “nonconformity” shall not include a
90	90	59condition or defect which results from abuse, neglect or the unreasonable and foreseeable misuse
91	91	60of the wheelchair by consumer modification or alteration.
92	92	61 “Original wheelchair”, the nonconforming wheelchair to be repaired.
93	93	62 “Reasonable attempt to repair”, : (i) not less than 2 attempts to repair a nonconformity by
94	94	63the manufacturer, wheelchair lessor or any of the manufacturer's authorized wheelchair dealers
95	95	64which failed to repair the nonconformity after the consumer reported the nonconformity and
96	96	65made the wheelchair available to the manufacturer for repair within the applicable warranty
97	97	66period; or (ii) the wheelchair is out of service for an aggregate of not less than 21 days because
98	98	67of a warranty nonconformity after the consumer reported the nonconformity and made the
99	99	68wheelchair available to the manufacturer for repair within the applicable warranty period.
100	100	69 “Replacement wheelchair”, a properly working wheelchair that is identical to the
101	101	70nonconforming wheelchair or that is comparable in all functional capabilities to the original
102	102	71wheelchair provided by the manufacturer, wheelchair lessor or manufacturer’s authorized
103	103	72wheelchair dealer to the consumer in place of the nonconforming wheelchair.
104	104	73 “Standard wheelchair”, a manual or power wheelchair that has minimal adjustability and
105	105	74customization. 5 of 15
106	106	75 “Temporary loaner wheelchair”, a wheelchair provided to the consumer that: (i) is free of
107	107	76charge; (ii) is in good working order; (iii) is able to perform the most essential functions of the
108	108	77original wheelchair, considering the disabilities of the user; and (iv) does not have any
109	109	78differences from the original wheelchair that create a threat to health or safety; provided,
110	110	79however, that a “temporary loaner wheelchair” need not be new or identical to or have functional
111	111	80capabilities equal to or greater than those of the original wheelchair.
112	112	81 “Wheelchair”, a manual or motorized wheeled device that enhances the mobility or
113	113	82positioning of an individual with a disability.
114	114	83 “Wheelchair dealer”, an individual or entity that is in the business of selling wheelchairs,
115	115	84including, but not limited to, an authorized wheelchair dealer and a manufacturer who sells
116	116	85wheelchairs directly to consumers.
117	117	86 “Wheelchair lessor”, an individual or entity that leases a wheelchair to a consumer, or
118	118	87who holds the lessor’s rights, under a written lease.
119	119	88 (b)(1) A manufacturer who sells or leases a wheelchair to a consumer, either directly or
120	120	89through a wheelchair dealer or wheelchair lessor, shall furnish the consumer with an express
121	121	90warranty for the wheelchair; provided, however, that the duration of the express warranty shall
122	122	91be not less than 2 years after first delivery of the wheelchair to the consumer.
123	123	92 (2) At the time of purchase or lease of a wheelchair, the manufacturer shall provide
124	124	93directly to the consumer a statement, written in not less than 14-point all capital boldfaced type
125	125	94on a separate piece of paper, or in such other form as the consumer may access, which shall
126	126	95include the applicable warranty period of not less than 2 years from the date of first delivery, in
127	127	96substantially the following form: 6 of 15
128	128	97 “IMPORTANT: IF THIS WHEELCHAIR IS DEFECTIVE WITHIN THE PERIOD OF
129	129	98YOUR WARRANTY, [INSERT WARRANTY PERIOD, NOT LESS THAN 2 YEARS FROM
130	130	99THE DATE OF FIRST DELIVERY], YOU MAY BE ENTITLED UNDER STATE LAW TO
131	131	100REPLACEMENT OF THE WHEELCHAIR OR A REFUND OF ITS PURCHASE PRICE. TO
132	132	101BE ENTITLED TO A REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE
133	133	102MANUFACTURER, THE WHEELCHAIR LESSOR OR THE WHEELCHAIR DEALER OF
134	134	103THE NON-CONFORMITY AND GIVE THE MANUFACTURER OR AUTHORIZED
135	135	104WHEELCHAIR DEALER AN OPPORTUNITY TO REPAIR THE WHEELCHAIR IN
136	136	105ACCORDANCE WITH SECTION 107 OF CHAPTER 93 OF THE MASSACHUSETTS
137	137	106GENERAL LAWS.
138	138	107 IF THIS WHEELCHAIR IS DEFECTIVE WITHIN THE PERIOD OF YOUR
139	139	108WARRANTY, THE MANUFACTURER OR AUTHORIZED WHEELCHAIR DEALER
140	140	109MUST PERFORM A REMOTE ASSESSMENT OF THE WHEELCHAIR NOT MORE THAN
141	141	1103 BUSINESS DAYS FOLLOWING NOTICE AND, IF NECESSARY, PERFORM AN IN-
142	142	111PERSON ASSESSMENT NOT MORE THAN 4 BUSINESS DAYS FOLLOWING THE
143	143	112REMOTE ASSESSMENT.
144	144	113 IF NECESSARY, THE MANUFACTURER OR AUTHORIZED WHEELCHAIR
145	145	114DEALER SHALL PROVIDE A TEMPORARY LOANER WHEELCHAIR FOR THE
146	146	115DURATION OF REPAIRS PROVIDED FOR UNDER THE WARRANTY AS SOON AS
147	147	116POSSIBLE, BUT NOT MORE THAN 4 BUSINESS DAYS FOLLOWING NOTICE FOR
148	148	117STANDARD WHEELCHAIRS AND 8 BUSINESS DAYS FOLLOWING NOTICE FOR
149	149	118CUSTOMIZED, ADAPTED OR MODIFIED WHEELCHAIRS.”. 7 of 15
150	150	119 (3) If the manufacturer, lessor or wheelchair dealer fail to provide the statement of
151	151	120warranty as required pursuant to this subsection, the manufacturer shall be in violation of this
152	152	121subsection and the minimum express warranty period shall be extended to 3 years.
153	153	122 (c)(1) If a new wheelchair is defective and the consumer reports such nonconformity to
154	154	123the manufacturer, a wheelchair lessor or a wheelchair dealer and such consumer makes the
155	155	124wheelchair available for repair prior to the expiration of the applicable warranty period from the
156	156	125date of first delivery, the nonconformity shall be repaired at no charge to the consumer. It shall
157	157	126be presumed that the consumer has made the wheelchair available to the manufacturer or
158	158	127authorized wheelchair dealer for repair if such consumer allows the manufacturer or dealer to
159	159	128take it from the consumer’s home or other location where the user customarily uses the
160	160	129wheelchair.
161	161	130 (2) If a wheelchair covered by a manufacturer’s warranty has a nonconformity to which
162	162	131the warranty is applicable and is made available by the consumer to the manufacturer or
163	163	132authorized wheelchair dealer for the repair of the nonconformity, the manufacturer shall:
164	164	133 (i) perform, or coordinate with an authorized wheelchair dealer to perform, a remote
165	165	134assessment of the original wheelchair not more than 3 business days following notice from the
166	166	135consumer and, if it is determined that a remote assessment is not sufficient to diagnose the
167	167	136nonconformity, an in-person assessment not more than 4 business days following the remote
168	168	137assessment; provided, however, that if a consumer cancels the initial remote assessment and the
169	169	138manufacturer or authorized wheelchair dealer makes reasonable efforts to reschedule the
170	170	139assessment as soon as feasible, the manufacturer or authorized wheelchair dealer shall not be in
171	171	140violation of this clause; provided, however, that the manufacturer or authorized dealer shall 8 of 15
172	172	141provide the consumer with an estimated timeframe for assessment and, following assessment, an
173	173	142estimated timeframe for any repairs;
174	174	143 (ii) provide, or coordinate with an authorized wheelchair dealer to provide, for the
175	175	144duration of the repair period, directly and at no cost to the consumer, as selected by the consumer
176	176	145and as soon as reasonably possible: (A) a temporary loaner wheelchair not more than 4 business
177	177	146days following notice from the consumer if the original wheelchair is a standard wheelchair and
178	178	147not more than 8 business days following notice by the consumer if the original wheelchair has
179	179	148been customized, adapted or modified to the extent that a standard wheelchair is not a suitable
180	180	149temporary loaner wheelchair; or (B) reimbursement for the cost incurred by the consumer for
181	181	150renting a wheelchair while the original wheelchair is assessed and repaired; and
182	182	151 (iii) cover all of the consumer’s collateral costs.
183	183	152 (3) If, after a reasonable attempt to repair, the nonconformity is not repaired, the
184	184	153manufacturer shall:
185	185	154 (i) at the direction of a consumer other than one who leases a wheelchair: (A) accept
186	186	155return of the original wheelchair, issue a replacement wheelchair and refund any collateral costs;
187	187	156or (B) accept return of the wheelchair and refund to the consumer and to any holder of a
188	188	157perfected security interest, as their interest may appear, the full purchase price and any finance
189	189	158charge amount paid by the consumer at the point of sale and any collateral costs, less a
190	190	159reasonable allowance for use; provided, however, that a reasonable allowance for use shall not
191	191	160exceed the amount obtained by multiplying the full purchase price of the wheelchair by a
192	192	161fraction, the denominator of which shall be 1,825 and the numerator of which shall be the 9 of 15
193	193	162number of days that the wheelchair was in the consumer's possession before the consumer first
194	194	163reported the nonconformity to the wheelchair dealer; or
195	195	164 (ii) at the direction of a consumer who leases a wheelchair, accept return of the original
196	196	165wheelchair, refund to the wheelchair lessor and to any holder of a perfected security interest, as
197	197	166their interest may appear, the current value of the written lease and refund to the consumer the
198	198	167amount such consumer paid under the written lease and any collateral costs, less a reasonable
199	199	168allowance for use; provided, however, that a reasonable allowance for use shall not exceed the
200	200	169amount obtained by multiplying the total amount for which the written lease obligates the
201	201	170consumer by a fraction, the denominator of which shall be 1,825, or the number of days of the
202	202	171lease, whichever number is greater, and the numerator of which shall be half of the number of
203	203	172days that the consumer possessed the wheelchair before first reporting the nonconformity to the
204	204	173manufacturer, wheelchair lessor or wheelchair dealer; and provided further, that
205	205	174 the current value of the written lease shall be the total amount for which that lease
206	206	175obligates the consumer during the period of the lease remaining after its early termination, plus
207	207	176the wheelchair dealer's early termination costs and the value of the original wheelchair at the
208	208	177lease expiration date if the lease sets forth that value, less the wheelchair lessor's early
209	209	178termination savings.
210	210	179 To receive a replacement wheelchair or a refund due under paragraph (3) of this
211	211	180subsection, a consumer described thereunder shall offer to transfer possession of the wheelchair
212	212	181having the nonconformity to its manufacturer. Not later than 30 days after such offer, the
213	213	182manufacturer shall provide the consumer with the replacement wheelchair or refund. When the
214	214	183manufacturer provides the replacement wheelchair or refund, the consumer shall make the 10 of 15
215	215	184wheelchair having the nonconformity available for return to the manufacturer, along with any
216	216	185endorsements necessary to transfer legal possession to the manufacturer.
217	217	186 (4)(i) To receive a refund due under clause (i) of paragraph (3) of subsection (C), a
218	218	187consumer described thereunder shall offer to return the original wheelchair to its manufacturer.
219	219	188Not later than 30 days after such offer, the manufacturer shall provide the refund to the
220	220	189consumer. When the manufacturer provides the refund, the consumer shall make the original
221	221	190wheelchair available for return to the manufacturer.
222	222	191 (ii) To receive a refund due under paragraph (3) of subsection (C), a wheelchair lessor
223	223	192shall offer to transfer possession of the original wheelchair to its manufacturer. No later than 30
224	224	193days after such offer, the manufacturer shall provide the refund to the wheelchair lessor. When
225	225	194the manufacturer provides the refund, the wheelchair lessor shall provide to the manufacturer any
226	226	195endorsements necessary to transfer legal possession to the manufacturer.
227	227	196 A lease against a consumer shall not be enforced after such consumer exercises rights
228	228	197pursuant to clause (ii) of paragraph (3).
229	229	198 A wheelchair returned by a consumer or wheelchair lessor in the commonwealth, or by a
230	230	199consumer or wheelchair lessor in another state under a similar law of that state, shall not be
231	231	200resold or leased in the commonwealth unless the reasons for such return have been fully
232	232	201disclosed to a prospective buyer or lessee.
233	233	202 (5) Manufacturers shall fill all repair and replacement orders for wheelchairs under
234	234	203warranty pursuant to this section from their own inventory or have a written subcontract for the
235	235	204purchase of items necessary to fill repair and replacement orders; provided, however, that the
236	236	205subcontract shall be in writing and contain, at a minimum: (i) names, addresses, phone numbers 11 of 15
237	237	206and contact information for both entities; (ii) the contract term start and end dates; (iii) a
238	238	207description of the wheelchairs covered under the subcontract and the cost of each item; (iv)
239	239	208signatures of both parties, including signature dates and position titles; (v) an established credit
240	240	209limit that is reasonable, based on the value of the products and services to be provided by the
241	241	210contractor; and (vi) a provision requiring shipping of parts, whenever feasible, by overnight mail.
242	242	211 (6) The manufacturer shall keep written record of all repair attempts made, including, but
243	243	212not limited to: (i) the date a repair was requested; (ii) the type of repair requested; (iii) the date
244	244	213the repair attempt began; (iv) the length of the repair attempt; (v) collateral costs covered; (vi)
245	245	214the results of the repair attempt; and (vii) the total number of repair attempts made.
246	246	215 (d) Each consumer shall have the option of submitting any dispute arising under this
247	247	216section, upon the payment of a prescribed filing fee, to an alternate arbitration mechanism
248	248	217established pursuant to regulations promulgated under this section by the undersecretary of
249	249	218consumer affairs and business regulation. Upon application of the consumer and payment of the
250	250	219appropriate filing fee by the consumer, a manufacturer shall submit to alternative arbitration. The
251	251	220alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed
252	252	221by and pursuant to the regulations promulgated by the office of consumer affairs and business
253	253	222regulation pursuant to this section. The alternate arbitration mechanism shall ensure the personal
254	254	223objectivity of its arbitrators and the right of each party to present its case, be in attendance during
255	255	224any presentation made by the other party and rebut or refute such presentation.
256	256	225 (e) The attorney general may bring an action under section 4 of chapter 93A to enforce
257	257	226this section and to obtain restitution, civil penalties, injunctive relief and any other relief awarded
258	258	227pursuant to said chapter 93A. Nothing contained in this section shall limit any rights or remedies 12 of 15
259	259	228available to a consumer under any other law. Any waiver by a consumer of rights under this
260	260	229section shall be void.
261	261	230 (f) In addition to any other remedy at law, a consumer may bring an action to recover for
262	262	231damages caused by a violation of this section. The court shall award a consumer who prevails in
263	263	232such an action twice the amount of any pecuniary loss, together with costs, disbursements and
264	264	233reasonable attorney fees, and any equitable relief that the court deems is appropriate.
265	265	234 (g) Annually, not later than January 1, the office of consumer affairs and business
266	266	235regulation shall report to the joint committee on children, families and persons with disabilities
267	267	236and the joint committee on consumer protection and professional licensure on the operational
268	268	237status of the wheelchair alternate arbitration mechanism, including, but not limited to, data
269	269	238regarding the number of complaints filed through the alternate arbitration mechanism and the
270	270	239aggregate results of such arbitration procedures.
271	271	240 (h) The undersecretary of consumer affairs and business regulation shall promulgate
272	272	241regulations to implement this section, which shall include, but not be limited to, information on
273	273	242the components and functions necessary for a temporary loaner wheelchair to be in compliance
274	274	243with this section.
275	275	244 SECTION 3. Chapter 118E of the General Laws is hereby amended by inserting after
276	276	245section 10Q the following section:-
277	277	246 Section 10R. For purposes of this section, “complex rehabilitation technology
278	278	247wheelchair” shall mean an individually-configured manual or motorized wheeled device that
279	279	248requires evaluation, configuration, fitting, adjustment or programming that is medically
280	280	249necessary to enhance the mobility or positioning of an individual with a disability. 13 of 15
281	281	250 The division and its contracted health insurers, health plans, health maintenance
282	282	251organizations, behavioral health management firms and third-party administrators under contract
283	283	252to a Medicaid managed care organization or primary care clinician plan shall not require a
284	284	253preauthorization for any repair of a complex rehabilitation technology wheelchair estimated to
285	285	254cost less than $1,000.
286	286	255 SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after
287	287	256section 47UU the following section:-
288	288	257 Section 47VV. For purposes of this section, “complex rehabilitation technology
289	289	258wheelchair” shall mean an individually-configured manual or motorized wheeled device that
290	290	259requires evaluation, configuration, fitting, adjustment or programming that is medically
291	291	260necessary to enhance the mobility or positioning of an individual with a disability.
292	292	261 Any policy, contract, agreement, plan or certificate of insurance issued, delivered or
293	293	262renewed within the commonwealth, which is considered creditable coverage under section 1 of
294	294	263chapter 111M, shall not require a member to obtain a preauthorization for any repair of a
295	295	264complex rehabilitation technology wheelchair estimated to cost less than $1,000.
296	296	265 SECTION 5. Chapter 176A of the General Laws is hereby amended by inserting after
297	297	266section 8VV the following section:-
298	298	267 Section 8WW. For purposes of this section, “complex rehabilitation technology
299	299	268wheelchair” shall mean an individually-configured manual or motorized wheeled device that
300	300	269requires evaluation, configuration, fitting, adjustment or programming that is medically
301	301	270necessary to enhance the mobility or positioning of an individual with a disability. 14 of 15
302	302	271 Any contract between a subscriber and the corporation under an individual or group
303	303	272hospital service plan that is delivered, issued or renewed within the commonwealth shall not
304	304	273require a member to obtain a preauthorization for any repair of a complex rehabilitation
305	305	274technology wheelchair estimated to cost less than $1,000.
306	306	275 SECTION 6. Chapter 176B of the General Laws is hereby amended by inserting after
307	307	276section 4VV the following section:-
308	308	277 Section 4WW. For purposes of this section, “complex rehabilitation technology
309	309	278wheelchair” shall mean an individually-configured manual or motorized wheeled device that
310	310	279requires evaluation, configuration, fitting, adjustment or programming that is medically
311	311	280necessary to enhance the mobility or positioning of an individual with a disability.
312	312	281 Any subscription certificate under an individual or group medical service agreement
313	313	282delivered, issued or renewed within the commonwealth shall not require a member to obtain a
314	314	283preauthorization for any repair of a complex rehabilitation technology wheelchair estimated to
315	315	284cost less than $1,000.
316	316	285 SECTION 7. Chapter 176G of the General Laws is hereby amended by inserting after
317	317	286section 4NN the following section:-
318	318	287 Section 4OO. For purposes of this section, “complex rehabilitation technology
319	319	288wheelchair” shall mean an individually-configured manual or motorized wheeled device that
320	320	289requires evaluation, configuration, fitting, adjustment or programming that is medically
321	321	290necessary to enhance the mobility or positioning of an individual with a disability. 15 of 15
322	322	291 Any individual or group health maintenance contract that is issued or renewed shall not
323	323	292require a member to obtain a preauthorization for any repair of a complex rehabilitation
324	324	293technology wheelchair estimated to cost less than $1,000.
325	325	294 SECTION 8. Section 25 of chapter 176O of the General Laws, as appearing in the 2022
326	326	295Official Edition, is hereby amended by inserting after the word “services”, in line 49, the
327	327	296following words:- ; provided, however, that a health plan shall not require a prior authorization
328	328	297for any repair of a complex rehabilitation technology wheelchair estimated to cost less than
329	329	298$1,000.
330	330	299 SECTION 9. The undersecretary of consumer affairs and business regulation regulations
331	331	300shall promulgate the regulations required under subsection (h) of section 107 of chapter 93 of the
332	332	301General Laws not later than 90 days after the effective date of this act.