The bill introduces Chapter 61, titled "Right to Consumer Access to Powered Wheelchair Repairs," into 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," "complex manual wheelchair," and "complex power wheelchair." It prohibits health plans from requiring prior authorization or medical documentation for repairs of consumer-owned complex rehabilitation technology. Additionally, suppliers of complex wheelchairs are mandated to provide service and repairs throughout the wheelchair's useful life, with certain exceptions.
The bill requires original equipment manufacturers (OEMs) 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 seek assistance from independent suppliers for non-programmable components, while parts requiring programmability or clinical involvement are excluded. OEMs are protected from liability for damages caused by independent repairs and must inform consumers or independent repair providers about part availability within five business days if a replacement is out of stock. The legislation aims to enhance consumer access to repairs and maintenance for powered wheelchairs and will take effect upon passage, with the Department of Business Regulation tasked with creating implementation rules.