The bill introduces Chapter 61, titled "Right to Consumer Access to Powered Wheelchair Repairs," to Title 6 of the General Laws, which focuses on commercial law and regulatory provisions. This new chapter defines key terms related to powered wheelchairs, including "authorized repair supplier," "qualified complex rehabilitation technology supplier," and "independent repair provider."
The legislation prohibits health plans from requiring prior authorization or medical documentation for repairs of consumer-owned complex rehabilitation technology. It mandates that suppliers of complex wheelchairs provide service and repairs for the wheelchair's useful life, with exceptions for cases of consumer abuse, relocation outside the service area, or threats to health and safety.
Original equipment manufacturers (OEMs) are required to make necessary documentation, parts, embedded software, firmware, and tools available to independent repair suppliers and consumers under fair and reasonable terms. Consumers are allowed to self-repair or have repairs performed by independent suppliers for non-programmable components, while OEMs are not required to disclose trade secrets unless necessary for repairs.
The bill also stipulates that OEMs are not liable for damages resulting from improper repairs conducted by independent suppliers or consumers. Additionally, OEMs are not subject to penalties for failing to supply parts due to stock issues, provided they inform consumers or independent repair providers of the unavailability and make the part available within five business days once it is in stock.
The Department of Business Regulation is authorized to promulgate rules and regulations to implement and enforce the provisions of this chapter. Overall, the bill aims to enhance consumer access to powered wheelchair repairs while establishing clear responsibilities for manufacturers and suppliers.