BILL NUMBER: S6369
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the general business law and the social services law, in
relation to enacting "Killian's law"
 
PURPOSE:
To improve the wheelchair repair times.
 
SUMMARY OF PROVISIONS:
Section 1: Identifies and cites this act as "Killian's law".
Section 2: Amends article 32 of the general business law, and renumbers
32-A and section 670 as amended by chapter 219 of the laws of 2006.
Section 3: Amends the general business law by adding a new section 677
to require wheelchair manufacturers, dealers, and lessors to complete
repairs within ten business days. If a wheelchair is out of service for
30 days or more, owners are entitled to a temporary replacement.
Authorized dealers must maintain accessible communication channels,
respond to repair requests within one business day, and order necessary
parts within three days. The chief disability officer will oversee
compliance, collect and publish repair data, and ensure transparency.
Medicaid-contracted dealers must submit annual repair reports. While
mandating the development of regulations, reporting requirements, and
penalties to enforce timely wheelchair repairs.
Section 4: Amends the social services law by adding a new section 367-j
to require the commissioner to establish and maintain specific
reimbursement and billing procedures for wheelchair evaluations, diag-
noses, and repairs to ensure adequate Medicaid coverage and access for
patients with complex needs. Additionally, the commissioner must monitor
and incorporate new Medicare billing codes for wheelchair repairs in a
timely manner. Managed care organizations must set reimbursement rates
consistent with these provisions, and the commissioner of social
services may establish minimum benchmark rates. It further defines the
term "wheelchair" to include both manual and motorized devices, whether
owned or leased.
Section 5: Amends paragraph a and subparagraph 1 and 2 of paragraph b of
subdivision 2 and paragraph a of subdivision 3 of section 676 of the
general business law and renumbers section two of this act, to require
wheelchair manufacturers to provide consumers with an express warranty
for at least two years from the date of first delivery, ensuring the
wheelchair is free from defects that substantially impair its value or
function. If no express warranty is provided, the manufacturer is to
have warranted the product for the same period. Consumers must report
defects and make the wheelchair available for repair within this time-
frame. If a new wheelchair fails to meet the warranty standards, the
manufacturer, authorized dealer, or lessor must repair it at no cost to
the consumer.
Section 6: Amends the general business law by adding a new section 678
to mandate that any wheelchair repair needed within five years of the
initial prescription is considered medically necessary and does not
require a new prescription or prior insurance authorization. The chief
disability officer must seek any necessary federal approvals, such as
Medicaid state plan amendments or waivers, to implement these
provisions. The Department of Financial Services will also establish
rules and regulations to enforce this section.
Section 7: Sets Effective Date
 
JUSTIFICATION:
Killian is a spirited 9-year-old in the fourth grade who enjoys video
games, supporting the San Francisco 49ers, and playing a variety of
sports, including baseball, football, soccer, basketball, and bowling.
Known for his speed on the field, he is eager to try skiing this year.
He is a strong-willed and outspoken child who advocates for himself.
While using a wheelchair does not slow Killian down, unnecessary delays
in wheelchair repairs do. After experiencing months of communication
lapses, misdelivered parts, and an insurance denial, Killian's wheel-
chair deteriorated further, leading to a decline in his leg strength.
Sadly, his story is one that many wheelchair users across the country
face through similar difficulties. Therefore, this legislation addresses
these systemic issues by mandating a timeline for wheelchair repairs.
Manufacturers must respond to repair requests within one day, order
necessary parts within three days, and complete the repair within ten
days. The bill also requires manufacturers to provide a temporary
replacement wheelchair if the original one is out of service for more
than 30 days. To ensure accountability, the Office of the Chief Disabil-
ity Officer will oversee compliance, manage complaints, and publish
regular reports detailing repair timelines. Additionally, the Department
of Health will establish a fee schedule for reimbursing manufacturers
for repairs.
While also strengthening protections for consumers by extending the
mandatory express warranty on wheelchairs from one year to two years.
Furthermore, it designates all wheelchair repairs within the first five
years as "medically necessary," eliminating the need for insurance prior
authorization or new prescriptions two major causes of delays. Through
these measures, this legislation aims to improve the timeliness,
accountability, and overall efficiency of the wheelchair repair process,
enhancing the quality of life for individuals who rely on wheelchairs.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.