Assembly Bill A7595

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7595
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Health
 
 AN  ACT  to amend the general business law, in relation to directing the
   department of health to establish a right to preventative  maintenance
   of wheelchairs program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 32 of the general business law, as amended by chap-
 ter 219 of the laws of 2006, is renumbered  article  32-A,  and  section
 670,  as  amended  by  chapter  219  of  the laws of 2006, is renumbered
 section 676.
   § 2. The general business law is amended by adding a new  section  677
 to read as follows:
   §  677.  PREVENTATIVE MAINTENANCE OF WHEELCHAIRS. 1. NO LATER THAN ONE
 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,  AND  AFTER  CONSULTATION
 WITH  THE DEPUTY SECRETARY FOR HUMAN SERVICES AND MENTAL HYGIENE AND THE
 OFFICE OF THE CHIEF DISABILITY OFFICER, THE DEPARTMENT OF  HEALTH  SHALL
 ESTABLISH  A  "PREVENTATIVE  MAINTENANCE  OF  WHEELCHAIRS PROGRAM" UNDER
 WHICH OWNERS AND LESSORS  OF  WHEELCHAIRS  SHALL  BE  AFFORDED  BIANNUAL
 APPOINTMENTS  FOR  PREVENTATIVE  MAINTENANCE  IN  ACCORDANCE  WITH  THIS
 SECTION.
   2. THE COMMISSIONER OF HEALTH SHALL PROMULGATE RULES, REGULATIONS, AND
 REPORTING REQUIREMENTS TO ESTABLISH THE PROGRAM PURSUANT TO  SUBDIVISION
 ONE OF THIS SECTION. FACTORS CONSIDERED SHALL INCLUDE, BUT NOT BE LIMIT-
 ED  TO,  LENGTH OF ENROLLMENT IN THE PROGRAM AND WAYS TO CERTIFY AUTHOR-
 IZED REPAIR PROVIDERS.
   3. (A) THE COMMISSIONER OF SOCIAL  SERVICES  SHALL  MAINTAIN  SPECIFIC
 REIMBURSEMENT  AND BILLING PROCEDURES UNDER THIS SECTION FOR WHEELCHAIRS
 TO ENSURE THAT MEDICAID PAYMENTS FOR WHEELCHAIR REPAIRS PERMIT  ADEQUATE
 ACCESS TO SUCH PRODUCTS AND SERVICES, AND TAKES INTO ACCOUNT THE SIGNIF-
 ICANT RESOURCES, INFRASTRUCTURE, AND STAFF NEEDED.
   (B)  THE COMMISSIONER OF SOCIAL SERVICES SHALL MONITOR THE ADDITION OF
 NEW BILLING CODES FOR WHEELCHAIR REPAIRS BY  THE  MEDICARE  PROGRAM  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08396-01-5
 A. 7595                             2
 
 SHALL  EXPEDITIOUSLY  INCORPORATE  SUCH  CODES  IN  ACCORDANCE WITH THIS
 SUBDIVISION.
   (C)  WHERE REIMBURSEMENT RATES ARE DETERMINED BY A MANAGED CARE ORGAN-
 IZATION, SUCH RATES SHALL BE DETERMINED CONSISTENT  WITH  THIS  SUBDIVI-
 SION.  THE  COMMISSIONER OF SOCIAL SERVICES MAY ESTABLISH MINIMUM BENCH-
 MARK REIMBURSEMENT RATES TO BE PAID BY MANAGED CARE ORGANIZATIONS  UNDER
 THIS PARAGRAPH.
   4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "AUTHORIZED REPAIR PROVIDER" MEANS AN INDIVIDUAL OR BUSINESS THAT
 IS UNAFFILIATED WITH AN ORIGINAL EQUIPMENT MANUFACTURER AND THAT HAS  AN
 ARRANGEMENT WITH SUCH ORIGINAL EQUIPMENT MANUFACTURER, FOR A DEFINITE OR
 INDEFINITE  PERIOD,  UNDER  WHICH  SUCH  ORIGINAL EQUIPMENT MANUFACTURER
 GRANTS TO SUCH INDIVIDUAL OR BUSINESS A LICENSE TO  USE  A  TRADE  NAME,
 SERVICE MARK, OR OTHER PROPRIETARY IDENTIFIER FOR THE PURPOSES OF OFFER-
 ING  THE  SERVICES  OF  INSPECTION, DIAGNOSIS, MAINTENANCE, OR REPAIR OF
 WHEELCHAIRS UNDER THE NAME OF SUCH ORIGINAL EQUIPMENT  MANUFACTURER,  OR
 OTHER  ARRANGEMENT  WITH  SUCH  ORIGINAL EQUIPMENT MANUFACTURER TO OFFER
 SUCH SERVICES ON BEHALF OF  SUCH  ORIGINAL  EQUIPMENT  MANUFACTURER.  AN
 ORIGINAL  EQUIPMENT MANUFACTURER THAT OFFERS THE SERVICES OF INSPECTION,
 DIAGNOSIS, MAINTENANCE, OR REPAIR OF ITS OWN WHEELCHAIRS, AND THAT  DOES
 NOT  HAVE  AN ARRANGEMENT DESCRIBED UNDER THIS SUBDIVISION WITH AN UNAF-
 FILIATED INDIVIDUAL OR  BUSINESS,  SHALL  BE  CONSIDERED  AN  AUTHORIZED
 REPAIR PROVIDER WITH RESPECT TO SUCH WHEELCHAIRS.
   (B)  "INDEPENDENT  REPAIR  PROVIDER"  MEANS AN INDIVIDUAL OR BUSINESS,
 OTHER THAN THE ORIGINAL EQUIPMENT MANUFACTURER, THAT IS ENGAGED  IN  THE
 SERVICES OF INSPECTION, DIAGNOSIS, MAINTENANCE, OR REPAIR OF WHEELCHAIRS
 FOR PURPOSES OF RETURNING SUCH WHEELCHAIRS TO THE SAFETY AND PERFORMANCE
 SPECIFICATIONS  ESTABLISHED  BY SUCH ORIGINAL EQUIPMENT MANUFACTURER AND
 TO MEET ITS ORIGINAL INTENDED USE.
   (C) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS A BUSINESS ENGAGED IN  THE
 SELLING,  LEASING, OR OTHERWISE SUPPLYING NEW WHEELCHAIRS OR PARTS MANU-
 FACTURED BY, OR ON BEHALF OF, ITSELF, TO ANY INDIVIDUAL OR BUSINESS.
   (D) "PREVENTATIVE MAINTENANCE" MEANS AN ASSESSMENT OF A WHEELCHAIR AND
 ITS USE BY AN  AUTHORIZED  REPAIR  PROVIDER  OR  AN  ORIGINAL  EQUIPMENT
 MANUFACTURER TO ENSURE THAT SUCH WHEELCHAIR MAINTAINS ITS ORIGINALLY-DE-
 SIGNED  QUALITY,  FUNCTION, AND UTILITY, AND THAT INCLUDES AN ASSESSMENT
 OF:
   (I) THE PHYSICAL CONDITION OF THE COMPLEX REHABILITATION TECHNOLOGY;
   (II) A REVIEW OF ALL MAINTENANCE THAT IS LISTED IN  SUCH  WHEELCHAIR'S
 OWNER'S MANUAL; AND
   (III)  ANY  NEEDED  REPAIRS  THAT  SUCH  AUTHORIZED INDEPENDENT REPAIR
 PROVIDER OR ORIGINAL EQUIPMENT MANUFACTURER IS ABLE TO COMPLETE.
   (E) "REPAIR" MEANS THE REPAIR OR REPLACEMENT OF A  DEFICIENT,  BROKEN,
 OR OTHERWISE MALFUNCTIONING PART, COMPONENT, HARDWARE, OR SOFTWARE, WHEN
 SUCH  DEFICIENT, BROKEN, OR OTHERWISE MALFUNCTIONING STATE OF SUCH PART,
 COMPONENT, HARDWARE, OR SOFTWARE RESULTS IN THE INCAPACITY OF OR  OTHER-
 WISE DIMINISHED CAPACITY FOR USE OF A WHEELCHAIR.
   (F)  "WHEELCHAIR"  MEANS A MANUAL OR MOTORIZED WHEELED DEVICE DESIGNED
 FOR USE BY A PERSON WITH A PHYSICAL DISABILITY, AND SHALL APPLY TO  SUCH
 DEVICES EITHER OWNED OR LEASED.
   §  3.  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.