| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- S 0884 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC002542 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S -- |
|---|
| 16 | 16 | | RIGHT TO CONSUMER AC CESS TO POWERED WHEE LCHAIR REPAIRS |
|---|
| 17 | 17 | | Introduced By: Senators McKenney, Britto, DiPalma, Lawson, Tikoian, and LaMountain |
|---|
| 18 | 18 | | Date Introduced: March 27, 2025 |
|---|
| 19 | 19 | | Referred To: Senate Commerce |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1 |
|---|
| 24 | 24 | | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2 |
|---|
| 25 | 25 | | CHAPTER 61 3 |
|---|
| 26 | 26 | | RIGHT TO CONSUMER ACCESS TO POWERED WHEELCHAIR REPAIRS 4 |
|---|
| 27 | 27 | | 6-61-1. Definitions. 5 |
|---|
| 28 | 28 | | For purposes of this chapter, unless the context otherwise requires: 6 |
|---|
| 29 | 29 | | (1) “Authorized repair supplier” means an individual or business who is unaffiliated with 7 |
|---|
| 30 | 30 | | an original equipment manufacturer and who has an arrangement with the original equipment 8 |
|---|
| 31 | 31 | | manufacturer, for a definite or indefinite period, under which the original equipment manufacturer 9 |
|---|
| 32 | 32 | | grants to the individual or business a license to use a trade name, service mark, or other proprietary 10 |
|---|
| 33 | 33 | | identifier for the purposes of offering the services of inspection, diagnosis, maintenance, or repair 11 |
|---|
| 34 | 34 | | of powered wheelchairs under the name of the original equipment manufacturer, or other 12 |
|---|
| 35 | 35 | | arrangement with the original equipment manufacturer to offer those services on behalf of the 13 |
|---|
| 36 | 36 | | original equipment manufacturer. An original equipment manufacturer who offers the services of 14 |
|---|
| 37 | 37 | | inspection, diagnosis, maintenance, or repair of its own powered wheelchairs, and who does not 15 |
|---|
| 38 | 38 | | have an arrangement with an unaffiliated individual or business, shall be considered an authorized 16 |
|---|
| 39 | 39 | | repair supplier with respect to that equipment. 17 |
|---|
| 40 | 40 | | (2) “Commissioner” means the health insurance commissioner. 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC002542 - Page 2 of 9 |
|---|
| 44 | 44 | | (3) “Complex manual wheelchair” means manually driven complex wheelchair that can 1 |
|---|
| 45 | 45 | | accommodate rehabilitative accessories and features. 2 |
|---|
| 46 | 46 | | (4) “Complex power wheelchair” means a power-driven complex wheelchair, as defined 3 |
|---|
| 47 | 47 | | by the Center for Medicare and Medicaid Services (“CMS”) that is classified as a Group 2 power 4 |
|---|
| 48 | 48 | | wheelchair with power options that can accommodate rehabilitative features to include, but not 5 |
|---|
| 49 | 49 | | limited to, tilt in space; or a Group 3, Group 4 or Group 5 power wheelchair. 6 |
|---|
| 50 | 50 | | (5) “Complex rehabilitation technology (CRT)” or “complex wheelchair” means items that 7 |
|---|
| 51 | 51 | | are individually configured for individuals to meet their specific and unique medical, physical, and 8 |
|---|
| 52 | 52 | | functional needs and capacities for basic activities of daily living and instrumental activities of 9 |
|---|
| 53 | 53 | | daily living identified as medically necessary, and shall include options and accessories related to 10 |
|---|
| 54 | 54 | | any of such items. Current healthcare common procedure coding system (“HCPCS”) shall fall 11 |
|---|
| 55 | 55 | | under the definition of complex rehabilitation technology, and any amendments to HCPCS 12 |
|---|
| 56 | 56 | | subsequently added or created by the federal government shall be included within the definition of 13 |
|---|
| 57 | 57 | | complex rehabilitation technology and shall be added to the covered HCPC list. 14 |
|---|
| 58 | 58 | | (6) “Complex rehabilitation wheelchair manufacturer” or “manufacturer” means a person 15 |
|---|
| 59 | 59 | | or company that designs, develops, tests, and produces finished systems or components of those 16 |
|---|
| 60 | 60 | | systems and sells all products or components to: 17 |
|---|
| 61 | 61 | | (i) Authorized providers for distribution; or 18 |
|---|
| 62 | 62 | | (ii) To other manufacturers for the production of more complex wheelchair systems. 19 |
|---|
| 63 | 63 | | Manufacturers are also responsible for maintaining compliance with relevant production 20 |
|---|
| 64 | 64 | | regulations and standards and reporting as designated by federal and state authorities. 21 |
|---|
| 65 | 65 | | (7) “Consumer” means a member of a health carrier who uses a complex rehab technology 22 |
|---|
| 66 | 66 | | with which the CRT supplier has a contractual relationship. 23 |
|---|
| 67 | 67 | | (8) “Consumer-owned backup complex power wheelchair” means a retired power 24 |
|---|
| 68 | 68 | | wheelchair, that can be safely used by the consumer when a manual backup or suitable loaner 25 |
|---|
| 69 | 69 | | wheelchair cannot be supplied to meet the consumer’s medical needs. 26 |
|---|
| 70 | 70 | | (9) “Covered person” means a policyholder, subscriber, or other person participating in a 27 |
|---|
| 71 | 71 | | policy, contract, or plan that provides for third-party payment or prepayment of health or medical 28 |
|---|
| 72 | 72 | | expenses. 29 |
|---|
| 73 | 73 | | (10) “Defect” means an abnormality that impairs the quality, function, or utility of a 30 |
|---|
| 74 | 74 | | wheelchair from its intended design and purpose. 31 |
|---|
| 75 | 75 | | (11) "Department" means the department of business regulation established pursuant to the 32 |
|---|
| 76 | 76 | | provisions of chapter 14 of title 42. 33 |
|---|
| 77 | 77 | | (12) “Embedded software” means any programmable instructions provided on firmware 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC002542 - Page 3 of 9 |
|---|
| 81 | 81 | | delivered with an electronic component of equipment, or with a part for that equipment, for 1 |
|---|
| 82 | 82 | | purposes of equipment operation, including all relevant patches and fixes made by the manufacturer 2 |
|---|
| 83 | 83 | | of the equipment or part for these purposes. 3 |
|---|
| 84 | 84 | | (13) “Evaluation/diagnostic time” means time and labor during which a qualified 4 |
|---|
| 85 | 85 | | technician troubleshoots and diagnoses any wheelchair adjustments or repair needs. 5 |
|---|
| 86 | 86 | | (14) “Executive office” means the executive office of health and human services, the 6 |
|---|
| 87 | 87 | | agency designated by state law and the Medicaid state plan as the Medicaid single state agency. 7 |
|---|
| 88 | 88 | | (15) “Fair and reasonable terms and costs,” with respect to obtaining manufacturer 8 |
|---|
| 89 | 89 | | documentation, parts, embedded software, firmware, or tools from a manufacturer to provide 9 |
|---|
| 90 | 90 | | services, means terms that are equivalent to the most favorable terms that the manufacturer offers 10 |
|---|
| 91 | 91 | | to an authorized repair supplier and costs to the buyer that are no greater than the manufacturer’s 11 |
|---|
| 92 | 92 | | suggested retail price: 12 |
|---|
| 93 | 93 | | (i) For documentation, including any relevant updates, “fair and reasonable terms and 13 |
|---|
| 94 | 94 | | costs” also means at no charge, except that, when the documentation is requested in physical printed 14 |
|---|
| 95 | 95 | | form, a charge may be included for the reasonable actual costs of preparing and sending the copy; 15 |
|---|
| 96 | 96 | | (ii) For software tools, “fair and reasonable terms and costs” also means all of the 16 |
|---|
| 97 | 97 | | following: 17 |
|---|
| 98 | 98 | | (A) Provided at no charge and without requiring authorization or Internet access; 18 |
|---|
| 99 | 99 | | (B) Without imposing impediments to access or use, in the course of effecting the 19 |
|---|
| 100 | 100 | | diagnosis, maintenance, or repair and without impairing the efficient and cost-effective 20 |
|---|
| 101 | 101 | | performance of the diagnosis, maintenance, or repair; 21 |
|---|
| 102 | 102 | | (C) Enables full functionality; 22 |
|---|
| 103 | 103 | | (iii) If an original equipment manufacturer does not utilize an authorized repair supplier, 23 |
|---|
| 104 | 104 | | “fair and reasonable terms and costs” means an equitable price charged to the buyer in consideration 24 |
|---|
| 105 | 105 | | of the actual cost to the original equipment manufacturer to prepare and distribute the part, tool, 25 |
|---|
| 106 | 106 | | service access method, or documentation, exclusive of any research and development costs 26 |
|---|
| 107 | 107 | | incurred. 27 |
|---|
| 108 | 108 | | (16) “Firmware” means a software program or set of instructions programmed on 28 |
|---|
| 109 | 109 | | equipment, or on a part for that equipment, to allow the equipment or part to communicate within 29 |
|---|
| 110 | 110 | | itself or with other computer hardware. 30 |
|---|
| 111 | 111 | | (17) “Health care professional” means an individual who is licensed, registered, or certified 31 |
|---|
| 112 | 112 | | under federal or state law or regulation to provide health care services. 32 |
|---|
| 113 | 113 | | (18) “Health plan” or “payer” means an entity subject to the insurance laws of this state, or 33 |
|---|
| 114 | 114 | | subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC002542 - Page 4 of 9 |
|---|
| 118 | 118 | | insurance coverage including, but not limited to, an insurance company, a health maintenance 1 |
|---|
| 119 | 119 | | organization and a nonprofit hospital and medical service corporation. 2 |
|---|
| 120 | 120 | | (19) “Independent repair provider” means an individual or business, other than the 3 |
|---|
| 121 | 121 | | manufacturer, that is engaged in the services of inspection, diagnosis, maintenance, or repair of 4 |
|---|
| 122 | 122 | | equipment for the purposes of returning it to the safety and performance specifications established 5 |
|---|
| 123 | 123 | | by the manufacturer and to meet its original intended use. 6 |
|---|
| 124 | 124 | | (20) “Inoperable” means when a wheelchair becomes unusable due to a mechanical or 7 |
|---|
| 125 | 125 | | electronic breakdown or failure. 8 |
|---|
| 126 | 126 | | (21) “Loaner” means a properly working wheelchair that performs the essential functions 9 |
|---|
| 127 | 127 | | of the original wheelchair and that is provided to the consumer on a temporary basis while the 10 |
|---|
| 128 | 128 | | consumer’s wheelchair is being repaired/replaced. A “loaner” wheelchair is further defined to be 11 |
|---|
| 129 | 129 | | in good working order, does not create any threat to the consumer’s health or safety, and need not 12 |
|---|
| 130 | 130 | | be new or identical to or have the same functional capabilities as those of the original wheelchair. 13 |
|---|
| 131 | 131 | | (22) “Manufacturer documentation” means any manual, diagram, reporting output, service 14 |
|---|
| 132 | 132 | | code description, schematic, or other guidance or information used in effecting the services of 15 |
|---|
| 133 | 133 | | inspection, diagnosis, maintenance, or repair of powered wheelchairs. 16 |
|---|
| 134 | 134 | | (23) “Medical documentation” means any chart notes, letters of medical necessity, 17 |
|---|
| 135 | 135 | | prescriptions, or other clinical documentation demonstrating the initial or continued medical 18 |
|---|
| 136 | 136 | | necessity of qualifying complex rehabilitation technology. 19 |
|---|
| 137 | 137 | | (24) “Non-conformity” means a condition or defect that significantly impairs the use, 20 |
|---|
| 138 | 138 | | value, function or safety of an assistive device or any of its components, but does not include a 21 |
|---|
| 139 | 139 | | condition or defect of the device that is the result of: 22 |
|---|
| 140 | 140 | | (i) Abuse, misuse or neglect by a consumer; 23 |
|---|
| 141 | 141 | | (ii) Modifications or alterations not authorized by the manufacturer; 24 |
|---|
| 142 | 142 | | (iii) Normal wear; 25 |
|---|
| 143 | 143 | | (iv) Normal use which may be resolved through a fitting adjustment, routine maintenance, 26 |
|---|
| 144 | 144 | | preventative maintenance or proper care; or 27 |
|---|
| 145 | 145 | | (v) A consumer's failure to follow any manufacturer's written service and maintenance 28 |
|---|
| 146 | 146 | | guidelines furnished to the customer at the time of purchase. 29 |
|---|
| 147 | 147 | | (25) “Prior authorization” means any requirement held by the payer that the covered person 30 |
|---|
| 148 | 148 | | or the qualified complex rehabilitation technology supplier obtain written or verbal approval from 31 |
|---|
| 149 | 149 | | the payer [or other insurer] before completing needed services or providing equipment to a covered 32 |
|---|
| 150 | 150 | | person. 33 |
|---|
| 151 | 151 | | (26) “Qualified complex rehabilitation technology professional” means an individual who 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC002542 - Page 5 of 9 |
|---|
| 155 | 155 | | is certified as an assistive technology professional (ATP) by a professional organization providing 1 |
|---|
| 156 | 156 | | certification of assistive technology professions. 2 |
|---|
| 157 | 157 | | (27) “Qualified complex rehabilitation technology supplier” or “supplier” means a 3 |
|---|
| 158 | 158 | | company or entity that meets all of the following criteria: 4 |
|---|
| 159 | 159 | | (i) Is accredited by a recognized accrediting organization as a supplier of complex 5 |
|---|
| 160 | 160 | | rehabilitation technology; 6 |
|---|
| 161 | 161 | | (ii) Is an employer of at least one qualified complex rehabilitation technology professional 7 |
|---|
| 162 | 162 | | to analyze the needs and capacities of the complex needs consumer in consultation with qualified 8 |
|---|
| 163 | 163 | | health care professionals, to participate in the selection of appropriate complex rehabilitation 9 |
|---|
| 164 | 164 | | technology for those needs and capacities of the complex needs consumer, and to provide training 10 |
|---|
| 165 | 165 | | in the proper use of the complex rehabilitation technology; 11 |
|---|
| 166 | 166 | | (iii) Requires a qualified complex rehabilitation technology professional to be physically 12 |
|---|
| 167 | 167 | | present for the evaluation and determination of appropriate complex rehabilitation technology for 13 |
|---|
| 168 | 168 | | a complex needs consumer; 14 |
|---|
| 169 | 169 | | (iv) Has the capability to provide service and repair by trained technicians for all complex 15 |
|---|
| 170 | 170 | | rehabilitation technology it sells; and 16 |
|---|
| 171 | 171 | | (v) Provides written information at the time of delivery of the complex rehabilitation 17 |
|---|
| 172 | 172 | | technology to the complex needs consumer stating how the complex needs consumer may receive 18 |
|---|
| 173 | 173 | | service and repair for the complex rehabilitation technology. 19 |
|---|
| 174 | 174 | | (28) “Recipient” means a person receiving benefits under the state Medicaid program, 20 |
|---|
| 175 | 175 | | including a person whose Medicaid eligibility is being redetermined. 21 |
|---|
| 176 | 176 | | (29) “Third party payer” means an entity other than the consumer of healthcare supplier, 22 |
|---|
| 177 | 177 | | that reimburses and manages health care expenses, such as insurance companies and government 23 |
|---|
| 178 | 178 | | payers. 24 |
|---|
| 179 | 179 | | (30) “Tools” means any software program, hardware, or other apparatus used in inspection, 25 |
|---|
| 180 | 180 | | diagnosis, maintenance, or repair of powered wheelchairs, including software or other mechanisms 26 |
|---|
| 181 | 181 | | that provision, program, or pair a new part, calibrate functionality, or perform any other function 27 |
|---|
| 182 | 182 | | required to bring the product back to fully functional condition. 28 |
|---|
| 183 | 183 | | (31) “Trade secret” shall have the same meaning as set forth in § 6-41-1. 29 |
|---|
| 184 | 184 | | (32) “Trip/travel allowance” means compensation for travel to the recipient’s home or 30 |
|---|
| 185 | 185 | | location for the purpose of facilitating a repair to a complex wheelchair. 31 |
|---|
| 186 | 186 | | (33) “Warranty” means a guarantee made by a manufacturer regarding the integrity or 32 |
|---|
| 187 | 187 | | condition of the product and the terms and conditions under which repairs, refunds, or exchanges 33 |
|---|
| 188 | 188 | | shall be made if the product does not function as originally described or intended within a specified 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC002542 - Page 6 of 9 |
|---|
| 192 | 192 | | period. 1 |
|---|
| 193 | 193 | | 6-61-2. No prior authorization for repair of complex wheelchairs. 2 |
|---|
| 194 | 194 | | (a) A health plan’s coverage and payment of complex wheelchair repairs shall not require: 3 |
|---|
| 195 | 195 | | (1) A qualified complex rehabilitation technology supplier to obtain any form of prior 4 |
|---|
| 196 | 196 | | authorization; or 5 |
|---|
| 197 | 197 | | (2) Any medical documentation to complete repairs for consumer-owned complex 6 |
|---|
| 198 | 198 | | rehabilitation technology. 7 |
|---|
| 199 | 199 | | (b) The complex rehabilitation technology supplier shall maintain documentation of any 8 |
|---|
| 200 | 200 | | repairs and/or maintenance completed for consumer-owned complex wheelchairs. Such 9 |
|---|
| 201 | 201 | | documentation shall not be subject to general audits. 10 |
|---|
| 202 | 202 | | 6-61-3. Requirement for suppliers to service what they sell. 11 |
|---|
| 203 | 203 | | A supplier who sells complex power or complex manual wheelchairs shall meet the criteria 12 |
|---|
| 204 | 204 | | of a "qualified complex rehabilitation technology supplier", as defined in § 6-61-1 and for complex 13 |
|---|
| 205 | 205 | | wheelchairs that a supplier has sold, the supplier is required to offer service and repairs during the 14 |
|---|
| 206 | 206 | | wheelchair’s useful life expectancy, unless: 15 |
|---|
| 207 | 207 | | (1) The consumer has moved outside of the original supplier's service area; 16 |
|---|
| 208 | 208 | | (2) The damage that requires repair is the result of consumer abuse or misuse of the 17 |
|---|
| 209 | 209 | | equipment that restricts coverage by the client's health plan, and the client refuses to pay for the 18 |
|---|
| 210 | 210 | | repairs; or 19 |
|---|
| 211 | 211 | | (3) The consumer or their representative poses a potential threat to the health and safety of 20 |
|---|
| 212 | 212 | | the supplier or is otherwise abusive. 21 |
|---|
| 213 | 213 | | 6-61-4. Consumer access to parts -- Self repairs. 22 |
|---|
| 214 | 214 | | (a) For the purpose of providing services for power wheelchair equipment, an original 23 |
|---|
| 215 | 215 | | equipment manufacturer shall, with fair and reasonable terms and costs, make available, as defined 24 |
|---|
| 216 | 216 | | in § 6-61-1, to an independent repair supplier or consumer of the manufacturer’s equipment, 25 |
|---|
| 217 | 217 | | manufacturer documentation, parts, embedded software, firmware, or tools that are intended for 26 |
|---|
| 218 | 218 | | use with the equipment or any part, including updates to documentation, parts, embedded software, 27 |
|---|
| 219 | 219 | | firmware, or tools. 28 |
|---|
| 220 | 220 | | (b) With respect to power wheelchair equipment that contains an electronic security lock 29 |
|---|
| 221 | 221 | | or other security-related function, an original power wheelchair equipment manufacturer shall, with 30 |
|---|
| 222 | 222 | | fair and reasonable terms and costs, make available to independent repair suppliers and owners any 31 |
|---|
| 223 | 223 | | manufacturer documentation, parts, embedded software, firmware, or tools needed to reset the lock 32 |
|---|
| 224 | 224 | | or function when disabled in the course of providing services. The manufacturer may make the 33 |
|---|
| 225 | 225 | | documentation, parts, embedded software, firmware, or tools available to independent repair 34 |
|---|
| 226 | 226 | | |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | LC002542 - Page 7 of 9 |
|---|
| 229 | 229 | | suppliers and consumers through appropriate secure release systems. 1 |
|---|
| 230 | 230 | | (c) For powered wheelchairs, consumers can self-repair or have repairs performed by an 2 |
|---|
| 231 | 231 | | independent repair supplier. This section shall not apply to any part(s) requiring programmability, 3 |
|---|
| 232 | 232 | | calibration, or clinical involvement to ensure appropriate consumer seating and positioning. Items 4 |
|---|
| 233 | 233 | | included in this section for powered wheelchairs shall include: 5 |
|---|
| 234 | 234 | | (1) Batteries; 6 |
|---|
| 235 | 235 | | (2) Battery chargers; 7 |
|---|
| 236 | 236 | | (3) Nonprogrammable joysticks; 8 |
|---|
| 237 | 237 | | (4) Joystick housings or brackets; 9 |
|---|
| 238 | 238 | | (5) Wheel assembly; 10 |
|---|
| 239 | 239 | | (6) Non-positioning accessories; 11 |
|---|
| 240 | 240 | | (7) Anti-tip devices; 12 |
|---|
| 241 | 241 | | (8) Armrests, excluding positioning components, designed for adjustment by a therapist or 13 |
|---|
| 242 | 242 | | assistive technology professional; 14 |
|---|
| 243 | 243 | | (9) Caster spheres; 15 |
|---|
| 244 | 244 | | (10) Cosmetic shrouding; and 16 |
|---|
| 245 | 245 | | (11) Nonpowered leg lowers. 17 |
|---|
| 246 | 246 | | (d) This chapter does not require an original power wheelchair equipment manufacturer to 18 |
|---|
| 247 | 247 | | divulge a trade secret, except as necessary to provide documentation, parts, tools, service access 19 |
|---|
| 248 | 248 | | methods, and training courses and materials on fair and reasonable terms. An original equipment 20 |
|---|
| 249 | 249 | | manufacturer may redact documentation to remove trade secrets from the documentation before 21 |
|---|
| 250 | 250 | | providing access to the documentation if the usability of the redacted documentation for the purpose 22 |
|---|
| 251 | 251 | | of providing services is not diminished. An original equipment manufacturer may withhold 23 |
|---|
| 252 | 252 | | information regarding a component of, design of, functionality of, or process of developing a part, 24 |
|---|
| 253 | 253 | | embedded software, firmware, or a tool if the information is a trade secret and the usability of the 25 |
|---|
| 254 | 254 | | part, embedded software, firmware, or tool for the purpose of providing services is not diminished. 26 |
|---|
| 255 | 255 | | (e) An original power wheelchair manufacturer which fails to produce a replacement part 27 |
|---|
| 256 | 256 | | because the part is out of stock and the manufacturer is unable to obtain the part, shall not be subject 28 |
|---|
| 257 | 257 | | to the penalties as provided in chapter 13.1 of title 6 if the original equipment manufacturer does 29 |
|---|
| 258 | 258 | | the following: 30 |
|---|
| 259 | 259 | | (1) Informs the consumer or independent repair provider that the part is out of stock, and, 31 |
|---|
| 260 | 260 | | consequently, the manufacturer is unable to obtain the part; and 32 |
|---|
| 261 | 261 | | (2) Makes the part available to the consumer or independent repair provider within five (5) 33 |
|---|
| 262 | 262 | | business days of when the part becomes available. 34 |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | LC002542 - Page 8 of 9 |
|---|
| 266 | 266 | | (f) An original equipment manufacturer is not liable for faulty or otherwise improper 1 |
|---|
| 267 | 267 | | repairs provided by independent repair suppliers or owners, including faulty or otherwise improper 2 |
|---|
| 268 | 268 | | repairs that cause any of the following: 3 |
|---|
| 269 | 269 | | (1) Damage to a powered wheelchair that occurs during the repairs; 4 |
|---|
| 270 | 270 | | (2) Any indirect, incidental, or consequential damages; or 5 |
|---|
| 271 | 271 | | (3) An inability to use, or a reduced functionality of, a powered wheelchair resulting from 6 |
|---|
| 272 | 272 | | faulty or otherwise improper repair. 7 |
|---|
| 273 | 273 | | 6-61-5. Rules and regulations. 8 |
|---|
| 274 | 274 | | The department of business regulation may promulgate rules and regulations to implement 9 |
|---|
| 275 | 275 | | and enforce the provisions of §§ 6-61-2, 6-61-3 and 6-61-2. 10 |
|---|
| 276 | 276 | | 6-61-6. Application and scope. 11 |
|---|
| 277 | 277 | | (a) This chapter applies to the following classes of third-party payment supplier contracts, 12 |
|---|
| 278 | 278 | | policies, or plans delivered, issued for delivery, continued, or renewed in this state on or after 13 |
|---|
| 279 | 279 | | January 1, 2026: 14 |
|---|
| 280 | 280 | | (1) Individual or group accident and sickness insurance providing coverage, pursuant to 15 |
|---|
| 281 | 281 | | chapter 18 of title 27, on an expense incurred basis; and 16 |
|---|
| 282 | 282 | | (2) An individual or group hospital, chapter 19 of title 27 or medical service contract issued 17 |
|---|
| 283 | 283 | | pursuant to chapter 20 of title 27; and 18 |
|---|
| 284 | 284 | | (3) An individual or group health maintenance organization contract regulated under 19 |
|---|
| 285 | 285 | | chapter 41 of title 27; and 20 |
|---|
| 286 | 286 | | (4) A plan established for public employees pursuant to chapter 12 of title 36; and 21 |
|---|
| 287 | 287 | | (5) The medical assistance program under chapter 8 of title 40 including all managed care 22 |
|---|
| 288 | 288 | | organizations acting pursuant to a contract with the executive office of health and human services 23 |
|---|
| 289 | 289 | | to administer the medical assistance program. 24 |
|---|
| 290 | 290 | | (b) The commissioner may promulgate rules and regulations to implement and enforce the 25 |
|---|
| 291 | 291 | | provisions of this section. 26 |
|---|
| 292 | 292 | | SECTION 2. This act shall take effect upon passage. 27 |
|---|
| 293 | 293 | | ======== |
|---|
| 294 | 294 | | LC002542 |
|---|
| 295 | 295 | | ======== |
|---|
| 296 | 296 | | |
|---|
| 297 | 297 | | |
|---|
| 298 | 298 | | LC002542 - Page 9 of 9 |
|---|
| 299 | 299 | | EXPLANATION |
|---|
| 300 | 300 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 301 | 301 | | OF |
|---|
| 302 | 302 | | A N A C T |
|---|
| 303 | 303 | | RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS -- |
|---|
| 304 | 304 | | RIGHT TO CONSUMER AC CESS TO POWERED WHEE LCHAIR REPAIRS |
|---|
| 305 | 305 | | *** |
|---|
| 306 | 306 | | This act would provide that original power wheelchair equipment manufacturers would be 1 |
|---|
| 307 | 307 | | required to provide to independent service providers repair information and tools to maintain and 2 |
|---|
| 308 | 308 | | repair original power wheelchair equipment. 3 |
|---|
| 309 | 309 | | This act would take effect upon passage. 4 |
|---|
| 310 | 310 | | ======== |
|---|
| 311 | 311 | | LC002542 |
|---|
| 312 | 312 | | ======== |
|---|
| 313 | 313 | | |
|---|