2025 -- S 0884
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LC002542
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
RIGHT TO CONSUMER AC CESS TO POWERED WHEE LCHAIR REPAIRS
Introduced By: Senators McKenney, Britto, DiPalma, Lawson, Tikoian, and LaMountain
Date Introduced: March 27, 2025
Referred To: Senate Commerce
It is enacted by the General Assembly as follows:
SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1
REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
CHAPTER 61 3
RIGHT TO CONSUMER ACCESS TO POWERED WHEELCHAIR REPAIRS 4
6-61-1. Definitions. 5
For purposes of this chapter, unless the context otherwise requires: 6
(1) “Authorized repair supplier” means an individual or business who is unaffiliated with 7
an original equipment manufacturer and who has an arrangement with the original equipment 8
manufacturer, for a definite or indefinite period, under which the original equipment manufacturer 9
grants to the individual or business a license to use a trade name, service mark, or other proprietary 10
identifier for the purposes of offering the services of inspection, diagnosis, maintenance, or repair 11
of powered wheelchairs under the name of the original equipment manufacturer, or other 12
arrangement with the original equipment manufacturer to offer those services on behalf of the 13
original equipment manufacturer. An original equipment manufacturer who offers the services of 14
inspection, diagnosis, maintenance, or repair of its own powered wheelchairs, and who does not 15
have an arrangement with an unaffiliated individual or business, shall be considered an authorized 16
repair supplier with respect to that equipment. 17
(2) “Commissioner” means the health insurance commissioner. 18
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(3) “Complex manual wheelchair” means manually driven complex wheelchair that can 1
accommodate rehabilitative accessories and features. 2
(4) “Complex power wheelchair” means a power-driven complex wheelchair, as defined 3
by the Center for Medicare and Medicaid Services (“CMS”) that is classified as a Group 2 power 4
wheelchair with power options that can accommodate rehabilitative features to include, but not 5
limited to, tilt in space; or a Group 3, Group 4 or Group 5 power wheelchair. 6
(5) “Complex rehabilitation technology (CRT)” or “complex wheelchair” means items that 7
are individually configured for individuals to meet their specific and unique medical, physical, and 8
functional needs and capacities for basic activities of daily living and instrumental activities of 9
daily living identified as medically necessary, and shall include options and accessories related to 10
any of such items. Current healthcare common procedure coding system (“HCPCS”) shall fall 11
under the definition of complex rehabilitation technology, and any amendments to HCPCS 12
subsequently added or created by the federal government shall be included within the definition of 13
complex rehabilitation technology and shall be added to the covered HCPC list. 14
(6) “Complex rehabilitation wheelchair manufacturer” or “manufacturer” means a person 15
or company that designs, develops, tests, and produces finished systems or components of those 16
systems and sells all products or components to: 17
(i) Authorized providers for distribution; or 18
(ii) To other manufacturers for the production of more complex wheelchair systems. 19
Manufacturers are also responsible for maintaining compliance with relevant production 20
regulations and standards and reporting as designated by federal and state authorities. 21
(7) “Consumer” means a member of a health carrier who uses a complex rehab technology 22
with which the CRT supplier has a contractual relationship. 23
(8) “Consumer-owned backup complex power wheelchair” means a retired power 24
wheelchair, that can be safely used by the consumer when a manual backup or suitable loaner 25
wheelchair cannot be supplied to meet the consumer’s medical needs. 26
(9) “Covered person” means a policyholder, subscriber, or other person participating in a 27
policy, contract, or plan that provides for third-party payment or prepayment of health or medical 28
expenses. 29
(10) “Defect” means an abnormality that impairs the quality, function, or utility of a 30
wheelchair from its intended design and purpose. 31
(11) "Department" means the department of business regulation established pursuant to the 32
provisions of chapter 14 of title 42. 33
(12) “Embedded software” means any programmable instructions provided on firmware 34
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delivered with an electronic component of equipment, or with a part for that equipment, for 1
purposes of equipment operation, including all relevant patches and fixes made by the manufacturer 2
of the equipment or part for these purposes. 3
(13) “Evaluation/diagnostic time” means time and labor during which a qualified 4
technician troubleshoots and diagnoses any wheelchair adjustments or repair needs. 5
(14) “Executive office” means the executive office of health and human services, the 6
agency designated by state law and the Medicaid state plan as the Medicaid single state agency. 7
(15) “Fair and reasonable terms and costs,” with respect to obtaining manufacturer 8
documentation, parts, embedded software, firmware, or tools from a manufacturer to provide 9
services, means terms that are equivalent to the most favorable terms that the manufacturer offers 10
to an authorized repair supplier and costs to the buyer that are no greater than the manufacturer’s 11
suggested retail price: 12
(i) For documentation, including any relevant updates, “fair and reasonable terms and 13
costs” also means at no charge, except that, when the documentation is requested in physical printed 14
form, a charge may be included for the reasonable actual costs of preparing and sending the copy; 15
(ii) For software tools, “fair and reasonable terms and costs” also means all of the 16
following: 17
(A) Provided at no charge and without requiring authorization or Internet access; 18
(B) Without imposing impediments to access or use, in the course of effecting the 19
diagnosis, maintenance, or repair and without impairing the efficient and cost-effective 20
performance of the diagnosis, maintenance, or repair; 21
(C) Enables full functionality; 22
(iii) If an original equipment manufacturer does not utilize an authorized repair supplier, 23
“fair and reasonable terms and costs” means an equitable price charged to the buyer in consideration 24
of the actual cost to the original equipment manufacturer to prepare and distribute the part, tool, 25
service access method, or documentation, exclusive of any research and development costs 26
incurred. 27
(16) “Firmware” means a software program or set of instructions programmed on 28
equipment, or on a part for that equipment, to allow the equipment or part to communicate within 29
itself or with other computer hardware. 30
(17) “Health care professional” means an individual who is licensed, registered, or certified 31
under federal or state law or regulation to provide health care services. 32
(18) “Health plan” or “payer” means an entity subject to the insurance laws of this state, or 33
subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health 34
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insurance coverage including, but not limited to, an insurance company, a health maintenance 1
organization and a nonprofit hospital and medical service corporation. 2
(19) “Independent repair provider” means an individual or business, other than the 3
manufacturer, that is engaged in the services of inspection, diagnosis, maintenance, or repair of 4
equipment for the purposes of returning it to the safety and performance specifications established 5
by the manufacturer and to meet its original intended use. 6
(20) “Inoperable” means when a wheelchair becomes unusable due to a mechanical or 7
electronic breakdown or failure. 8
(21) “Loaner” means a properly working wheelchair that performs the essential functions 9
of the original wheelchair and that is provided to the consumer on a temporary basis while the 10
consumer’s wheelchair is being repaired/replaced. A “loaner” wheelchair is further defined to be 11
in good working order, does not create any threat to the consumer’s health or safety, and need not 12
be new or identical to or have the same functional capabilities as those of the original wheelchair. 13
(22) “Manufacturer documentation” means any manual, diagram, reporting output, service 14
code description, schematic, or other guidance or information used in effecting the services of 15
inspection, diagnosis, maintenance, or repair of powered wheelchairs. 16
(23) “Medical documentation” means any chart notes, letters of medical necessity, 17
prescriptions, or other clinical documentation demonstrating the initial or continued medical 18
necessity of qualifying complex rehabilitation technology. 19
(24) “Non-conformity” means a condition or defect that significantly impairs the use, 20
value, function or safety of an assistive device or any of its components, but does not include a 21
condition or defect of the device that is the result of: 22
(i) Abuse, misuse or neglect by a consumer; 23
(ii) Modifications or alterations not authorized by the manufacturer; 24
(iii) Normal wear; 25
(iv) Normal use which may be resolved through a fitting adjustment, routine maintenance, 26
preventative maintenance or proper care; or 27
(v) A consumer's failure to follow any manufacturer's written service and maintenance 28
guidelines furnished to the customer at the time of purchase. 29
(25) “Prior authorization” means any requirement held by the payer that the covered person 30
or the qualified complex rehabilitation technology supplier obtain written or verbal approval from 31
the payer [or other insurer] before completing needed services or providing equipment to a covered 32
person. 33
(26) “Qualified complex rehabilitation technology professional” means an individual who 34
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is certified as an assistive technology professional (ATP) by a professional organization providing 1
certification of assistive technology professions. 2
(27) “Qualified complex rehabilitation technology supplier” or “supplier” means a 3
company or entity that meets all of the following criteria: 4
(i) Is accredited by a recognized accrediting organization as a supplier of complex 5
rehabilitation technology; 6
(ii) Is an employer of at least one qualified complex rehabilitation technology professional 7
to analyze the needs and capacities of the complex needs consumer in consultation with qualified 8
health care professionals, to participate in the selection of appropriate complex rehabilitation 9
technology for those needs and capacities of the complex needs consumer, and to provide training 10
in the proper use of the complex rehabilitation technology; 11
(iii) Requires a qualified complex rehabilitation technology professional to be physically 12
present for the evaluation and determination of appropriate complex rehabilitation technology for 13
a complex needs consumer; 14
(iv) Has the capability to provide service and repair by trained technicians for all complex 15
rehabilitation technology it sells; and 16
(v) Provides written information at the time of delivery of the complex rehabilitation 17
technology to the complex needs consumer stating how the complex needs consumer may receive 18
service and repair for the complex rehabilitation technology. 19
(28) “Recipient” means a person receiving benefits under the state Medicaid program, 20
including a person whose Medicaid eligibility is being redetermined. 21
(29) “Third party payer” means an entity other than the consumer of healthcare supplier, 22
that reimburses and manages health care expenses, such as insurance companies and government 23
payers. 24
(30) “Tools” means any software program, hardware, or other apparatus used in inspection, 25
diagnosis, maintenance, or repair of powered wheelchairs, including software or other mechanisms 26
that provision, program, or pair a new part, calibrate functionality, or perform any other function 27
required to bring the product back to fully functional condition. 28
(31) “Trade secret” shall have the same meaning as set forth in § 6-41-1. 29
(32) “Trip/travel allowance” means compensation for travel to the recipient’s home or 30
location for the purpose of facilitating a repair to a complex wheelchair. 31
(33) “Warranty” means a guarantee made by a manufacturer regarding the integrity or 32
condition of the product and the terms and conditions under which repairs, refunds, or exchanges 33
shall be made if the product does not function as originally described or intended within a specified 34
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period. 1
6-61-2. No prior authorization for repair of complex wheelchairs. 2
(a) A health plan’s coverage and payment of complex wheelchair repairs shall not require: 3
(1) A qualified complex rehabilitation technology supplier to obtain any form of prior 4
authorization; or 5
(2) Any medical documentation to complete repairs for consumer-owned complex 6
rehabilitation technology. 7
(b) The complex rehabilitation technology supplier shall maintain documentation of any 8
repairs and/or maintenance completed for consumer-owned complex wheelchairs. Such 9
documentation shall not be subject to general audits. 10
6-61-3. Requirement for suppliers to service what they sell. 11
A supplier who sells complex power or complex manual wheelchairs shall meet the criteria 12
of a "qualified complex rehabilitation technology supplier", as defined in § 6-61-1 and for complex 13
wheelchairs that a supplier has sold, the supplier is required to offer service and repairs during the 14
wheelchair’s useful life expectancy, unless: 15
(1) The consumer has moved outside of the original supplier's service area; 16
(2) The damage that requires repair is the result of consumer abuse or misuse of the 17
equipment that restricts coverage by the client's health plan, and the client refuses to pay for the 18
repairs; or 19
(3) The consumer or their representative poses a potential threat to the health and safety of 20
the supplier or is otherwise abusive. 21
6-61-4. Consumer access to parts -- Self repairs. 22
(a) For the purpose of providing services for power wheelchair equipment, an original 23
equipment manufacturer shall, with fair and reasonable terms and costs, make available, as defined 24
in § 6-61-1, to an independent repair supplier or consumer of the manufacturer’s equipment, 25
manufacturer documentation, parts, embedded software, firmware, or tools that are intended for 26
use with the equipment or any part, including updates to documentation, parts, embedded software, 27
firmware, or tools. 28
(b) With respect to power wheelchair equipment that contains an electronic security lock 29
or other security-related function, an original power wheelchair equipment manufacturer shall, with 30
fair and reasonable terms and costs, make available to independent repair suppliers and owners any 31
manufacturer documentation, parts, embedded software, firmware, or tools needed to reset the lock 32
or function when disabled in the course of providing services. The manufacturer may make the 33
documentation, parts, embedded software, firmware, or tools available to independent repair 34
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suppliers and consumers through appropriate secure release systems. 1
(c) For powered wheelchairs, consumers can self-repair or have repairs performed by an 2
independent repair supplier. This section shall not apply to any part(s) requiring programmability, 3
calibration, or clinical involvement to ensure appropriate consumer seating and positioning. Items 4
included in this section for powered wheelchairs shall include: 5
(1) Batteries; 6
(2) Battery chargers; 7
(3) Nonprogrammable joysticks; 8
(4) Joystick housings or brackets; 9
(5) Wheel assembly; 10
(6) Non-positioning accessories; 11
(7) Anti-tip devices; 12
(8) Armrests, excluding positioning components, designed for adjustment by a therapist or 13
assistive technology professional; 14
(9) Caster spheres; 15
(10) Cosmetic shrouding; and 16
(11) Nonpowered leg lowers. 17
(d) This chapter does not require an original power wheelchair equipment manufacturer to 18
divulge a trade secret, except as necessary to provide documentation, parts, tools, service access 19
methods, and training courses and materials on fair and reasonable terms. An original equipment 20
manufacturer may redact documentation to remove trade secrets from the documentation before 21
providing access to the documentation if the usability of the redacted documentation for the purpose 22
of providing services is not diminished. An original equipment manufacturer may withhold 23
information regarding a component of, design of, functionality of, or process of developing a part, 24
embedded software, firmware, or a tool if the information is a trade secret and the usability of the 25
part, embedded software, firmware, or tool for the purpose of providing services is not diminished. 26
(e) An original power wheelchair manufacturer which fails to produce a replacement part 27
because the part is out of stock and the manufacturer is unable to obtain the part, shall not be subject 28
to the penalties as provided in chapter 13.1 of title 6 if the original equipment manufacturer does 29
the following: 30
(1) Informs the consumer or independent repair provider that the part is out of stock, and, 31
consequently, the manufacturer is unable to obtain the part; and 32
(2) Makes the part available to the consumer or independent repair provider within five (5) 33
business days of when the part becomes available. 34
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(f) An original equipment manufacturer is not liable for faulty or otherwise improper 1
repairs provided by independent repair suppliers or owners, including faulty or otherwise improper 2
repairs that cause any of the following: 3
(1) Damage to a powered wheelchair that occurs during the repairs; 4
(2) Any indirect, incidental, or consequential damages; or 5
(3) An inability to use, or a reduced functionality of, a powered wheelchair resulting from 6
faulty or otherwise improper repair. 7
6-61-5. Rules and regulations. 8
The department of business regulation may promulgate rules and regulations to implement 9
and enforce the provisions of §§ 6-61-2, 6-61-3 and 6-61-2. 10
6-61-6. Application and scope. 11
(a) This chapter applies to the following classes of third-party payment supplier contracts, 12
policies, or plans delivered, issued for delivery, continued, or renewed in this state on or after 13
January 1, 2026: 14
(1) Individual or group accident and sickness insurance providing coverage, pursuant to 15
chapter 18 of title 27, on an expense incurred basis; and 16
(2) An individual or group hospital, chapter 19 of title 27 or medical service contract issued 17
pursuant to chapter 20 of title 27; and 18
(3) An individual or group health maintenance organization contract regulated under 19
chapter 41 of title 27; and 20
(4) A plan established for public employees pursuant to chapter 12 of title 36; and 21
(5) The medical assistance program under chapter 8 of title 40 including all managed care 22
organizations acting pursuant to a contract with the executive office of health and human services 23
to administer the medical assistance program. 24
(b) The commissioner may promulgate rules and regulations to implement and enforce the 25
provisions of this section. 26
SECTION 2. This act shall take effect upon passage. 27
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS --
RIGHT TO CONSUMER AC CESS TO POWERED WHEE LCHAIR REPAIRS
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This act would provide that original power wheelchair equipment manufacturers would be 1
required to provide to independent service providers repair information and tools to maintain and 2
repair original power wheelchair equipment. 3
This act would take effect upon passage. 4
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