Substitute Bill No. 6702 is an act that aims to protect consumers' rights to timely repairs of wheelchairs, particularly complex rehabilitation technology wheelchairs. The bill defines a range of terms related to wheelchairs and their repairs, and it establishes what constitutes a "nonconformity" and a "reasonable attempt to repair." It requires authorized wheelchair dealers to respond to repair requests within three business days and to provide immediate repairs or a temporary loaner wheelchair if immediate repairs are not feasible. The bill also sets forth that manufacturers must offer a minimum two-year express warranty for wheelchairs, and if they fail to provide a clear written statement of consumer rights under the warranty, the warranty period is extended to three years. Manufacturers and dealers are obligated to repair nonconformities at no charge, provide a temporary loaner wheelchair, and cover all collateral costs during the repair period. If a nonconformity persists after reasonable attempts to repair, the manufacturer or dealer must replace the wheelchair or refund the full purchase price.
Additionally, the bill outlines the process for consumers to receive a replacement wheelchair or a refund in the event of a nonconformity, and it prohibits the resale or lease of returned wheelchairs in the state unless full disclosure is provided. Manufacturers or authorized wheelchair dealers are required to provide 24/7 telephone assistance and are no longer required to obtain prior authorization for repairs covered by a payor. The bill also establishes a working group to provide input on the timeliness and quality of wheelchair repairs and amends the definition of "assistive technology device" to exclude manual or motor-driven wheelchairs. The effective dates for the various sections of the bill range from the date of passage to October 1, 2023.