The bill introduces Chapter 61, "Right to Consumer Access to Powered Wheelchair Repairs," to Title 6 of the General Laws, establishing definitions and responsibilities for suppliers of powered wheelchairs. It mandates that suppliers who sell complex power or complex manual wheelchairs must offer repairs throughout the wheelchairs' useful life, except in specific circumstances such as consumer abuse, relocation outside the supplier's service area, or if the consumer poses a threat to the supplier's health and safety.
Additionally, health plans are prohibited from requiring prior authorization or medical documentation for repairs on consumer-owned complex rehabilitation technology. The bill emphasizes that original equipment manufacturers (OEMs) must provide independent repair suppliers and consumers with access to necessary documentation, parts, embedded software, firmware, and tools for repairs at fair and reasonable costs. Consumers are granted the right to self-repair or seek repairs from independent suppliers for certain non-programmable components, while parts requiring programmability or clinical involvement are excluded from this provision.
OEMs are protected from penalties if they cannot supply replacement parts due to stock issues, provided they inform consumers or independent repair providers and make the parts available within five business days of when they become available. The bill also states that OEMs are not liable for damages resulting from faulty repairs performed by independent repair suppliers or consumers. The Department of Business Regulation is tasked with promulgating rules and regulations to implement and enforce the provisions of this chapter. The bill will take effect upon passage.