S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8740
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law and the social services law, in
   relation to enacting "Killian's law"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Killian's law".
   § 2. Article 32 of the general business law, as amended by chapter 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.
   §  3.  The general business law is amended by adding a new section 677
 to read as follows:
   § 677. TIMELY REPAIR 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,  THE  OFFICE  OF
 THE CHIEF DISABILITY OFFICER SHALL ESTABLISH A "TIMELY REPAIR FOR WHEEL-
 CHAIR  PROGRAM"  UNDER  WHICH  WHEELCHAIR  MANUFACTURERS  AND AUTHORIZED
 WHEELCHAIR DEALERS OR WHEELCHAIR LESSORS SHALL BE HELD  ACCOUNTABLE  FOR
 WHEELCHAIR  REPAIRS  REQUESTED  BY WHEELCHAIR OWNERS AS PROVIDED IN THIS
 SECTION.
   2. THE CHIEF DISABILITY OFFICER SHALL REQUIRE ALL  WHEELCHAIR  REPAIRS
 IN  THE  STATE  TO  BE  COMPLETED  WITHIN TEN DAYS OF A REQUEST FOR SUCH
 REPAIR. SUCH TEN-DAY PERIOD  SHALL  START  ON  THE  FIRST  BUSINESS  DAY
 FOLLOWING  THE  DATE OF THE REQUEST, PROVIDED THAT SUCH WHEELCHAIR OWNER
 PERMITS A  WHEELCHAIR  MANUFACTURER,  AUTHORIZED  WHEELCHAIR  DEALER  OR
 WHEELCHAIR LESSOR TO ACCESS THE DEVICE BY EITHER DELIVERY TO THE CUSTODY
 OF  SUCH WHEELCHAIR MANUFACTURER, AUTHORIZED WHEELCHAIR DEALER OR WHEEL-
 CHAIR LESSOR, OR ALTERNATIVELY, TO THE IDENTIFIED AGENT OR OTHER  REPRE-
 SENTATIVE.  THIS  ELECTION  BY THE WHEELCHAIR OWNER CAN INCLUDE AT THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08338-04-5
 A. 8740                             2
              

 
 PERSONAL HOME, THE HOME OF  A  SPECIFIED  FRIEND,  A  SCHOOL,  A  DAYHAB
 PROGRAM, PLACE OF EMPLOYMENT, OR MEDICAL FACILITY.
   3.  DURING  THE  REPAIR  PROCESS, IF ANY CONDITION OR DEFECT RENDERS A
 WHEELCHAIR OUT OF SERVICE FOR A TOTAL OF  THIRTY  DAYS  OR  LONGER,  THE
 OWNER OF SUCH WHEELCHAIR SHALL BE ENTITLED TO RECEIVE A TEMPORARY WHEEL-
 CHAIR  FROM  THE  MANUFACTURER  OF SUCH OWNER'S WHEELCHAIR FOR USE UNTIL
 SUCH WHEELCHAIR OWNER'S WHEELCHAIR IS REPAIRED AND RETURNED.
   4. A WHEELCHAIR MANUFACTURER, AUTHORIZED WHEELCHAIR DEALER  OR  WHEEL-
 CHAIR  LESSOR SHALL MAINTAIN AN ELECTRONIC MAIL ADDRESS AND A PHONE LINE
 THAT IS DEDICATED SOLELY TO RECEIVING WHEELCHAIR REPAIR  REQUESTS.  SUCH
 ELECTRONIC  MAIL ADDRESS AND PHONE LINE SHALL BE ACCESSIBLE EACH DAY AND
 CAPABLE OF RECEIVING AND RECORDING MESSAGES. AUTHORIZED WHEELCHAIR DEAL-
 ERS SHALL: (A) RESPOND TO A REQUEST FOR WHEELCHAIR REPAIR NO LATER  THAN
 ONE  BUSINESS  DAY  AFTER  THE DATE SUCH REQUEST WAS MADE; AND (B) ORDER
 PARTS NECESSARY FOR A WHEELCHAIR REPAIR NO  LATER  THAN  THREE  BUSINESS
 DAYS AFTER ASSESSING THE NEED FOR SUCH REPAIR.
   5.  THE  OFFICE OF THE CHIEF DISABILITY OFFICER SHALL MAINTAIN A PHONE
 NUMBER AND ELECTRONIC MAIL ADDRESS TO BE  POSTED  CONSPICUOUSLY  ON  ITS
 WEBSITE,  TO  RECEIVE  AND RECORD COMPLAINTS REGARDING TIMELY WHEELCHAIR
 REPAIRS. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX, AND ANNU-
 ALLY THEREAFTER, THE CHIEF DISABILITY OFFICER SHALL SUBMIT A  REPORT  TO
 THE  GOVERNOR  AND THE LEGISLATURE REGARDING ANY COMPLAINTS RECEIVED AND
 RECORDED PURSUANT TO THIS SUBDIVISION.  SUCH REPORT SHALL  BE  PUBLISHED
 ON THE WEBSITE OF THE OFFICE OF THE CHIEF DISABILITY OFFICER AND VISIBLE
 TO THE GENERAL PUBLIC.
   6. (A) NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN,
 AND  ANNUALLY THEREAFTER, AN AUTHORIZED WHEELCHAIR DEALER THAT CONTRACTS
 WITH THE STATE TO SELL OR LEASE WHEELCHAIRS TO MEDICAID RECIPIENTS SHALL
 SUBMIT A REPORT TO THE OFFICE OF THE CHIEF DISABILITY OFFICER  REGARDING
 REPAIR OF SUCH WHEELCHAIRS. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
 ED  TO,  MINIMUM,  MAXIMUM AND AVERAGE TIMES FROM THE DATE AND TIME OF A
 WHEELCHAIR REPAIR REQUEST FOR SUCH AUTHORIZED WHEELCHAIR DEALER TO:  (I)
 RESPOND;  (II)  CONDUCT  A  REPAIR  ASSESSMENT  (1) IN THE HOME OR OTHER
 COMMUNITY LOCATION, (2) REMOTELY, OR (3) AT  A  REPAIR  FACILITY;  (III)
 REQUEST  ANY NECESSARY PRIOR AUTHORIZATION FROM THE DEPARTMENT OF SOCIAL
 SERVICES AND RECEIVE A DECISION FROM THE DEPARTMENT OF  SOCIAL  SERVICES
 ON  SUCH  REQUEST;  (IV)  ORDER ANY WHEELCHAIR PARTS NEEDED; (V) RECEIVE
 DELIVERY OF ANY NEEDED REPAIR PARTS; AND (VI) COMPLETE  REPAIRS  (1)  IN
 THE  HOME  OR OTHER COMMUNITY LOCATION, (2) REMOTELY, OR (3) AT A REPAIR
 FACILITY.
   (B) THE OFFICE OF THE CHIEF DISABILITY OFFICER SHALL MAKE  THE  REPORT
 SUBMITTED  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION AVAILABLE TO THE
 PUBLIC WITHIN SIXTY DAYS OF RECEIVING IT.
   7. THE CHIEF DISABILITY OFFICER,  IN  CONJUNCTION  WITH  THE  ATTORNEY
 GENERAL'S   OFFICE,   SHALL  PROMULGATE  RULES,  REGULATIONS,  REPORTING
 REQUIREMENTS, AND PENALTIES NECESSARY TO ESTABLISH THE TIMELY REPAIR FOR
 WHEELCHAIR PROGRAM AND IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 4. The social services law is amended by adding a new section  367-j
 to read as follows:
   §  367-J. REIMBURSEMENT AND BILLING PROCEDURES FOR WHEELCHAIRS. 1. THE
 COMMISSIONER SHALL MAINTAIN SPECIFIC REIMBURSEMENT  AND  BILLING  PROCE-
 DURES  UNDER  THIS  TITLE  FOR  THE  EVALUATION, DIAGNOSIS AND REPAIR OF
 WHEELCHAIRS, TO ENSURE THAT MEDICAID PAYMENTS FOR  SUCH  SERVICE  PERMIT
 ADEQUATE  ACCESS  TO  SUCH  PRODUCTS  AND  SERVICES FOR COMPLEX NEEDS OF
 PATIENTS AND TAKE INTO ACCOUNT THE  SIGNIFICANT  RESOURCES,  INFRASTRUC-
 A. 8740                             3
 
 TURE,  AND STAFF NEEDED TO MAKE SUCH EVALUATION, DIAGNOSIS AND REPAIR OF
 WHEELCHAIRS.
   2.  THE  COMMISSIONER  SHALL MONITOR THE ADDITION OF NEW BILLING CODES
 FOR THE EVALUATION, DIAGNOSIS AND REPAIR OF WHEELCHAIRS BY THE  MEDICARE
 PROGRAM  AND  SHALL  EXPEDITIOUSLY  INCORPORATE  SUCH  CODES  UNDER THIS
 SECTION.
   3. 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. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "WHEELCHAIR"  MEANS  A
 MANUAL  OR  MOTORIZED WHEELED DEVICE DESIGNED FOR USE BY A PERSON WITH A
 PHYSICAL DISABILITY, AND SHALL APPLY TO SUCH DEVICES  WHETHER  OWNED  OR
 LEASED.
   §  5. Paragraph a and subparagraphs 1 and 2 of paragraph b of subdivi-
 sion 2 and paragraph a of subdivision 3 of section 676  of  the  general
 business  law,  as  amended  by chapter 219 of the laws of 2006 and such
 section as renumbered by section two of this act, are amended to read as
 follows:
   a. A manufacturer who sells a wheelchair to a consumer, either direct-
 ly or through a wheelchair dealer, shall furnish the  consumer  with  an
 express warranty for the wheelchair. The duration of the express warran-
 ty  shall  be not less than [one year] TWO YEARS after first delivery of
 the wheelchair to the consumer. In the absence of  an  express  warranty
 from the manufacturer, the manufacturer shall be deemed to have express-
 ly  warranted to the consumer of a wheelchair that, for a period of [one
 year] TWO YEARS from the date of first delivery  to  the  consumer,  the
 wheelchair will be free from any condition or defect which substantially
 impairs the value of the wheelchair to the consumer.
   (1)  By law, the manufacturer shall be deemed to have provided to you,
 the purchaser of a wheelchair, a [one] TWO year warranty which starts on
 the date of first delivery to  you.  This  warranty  provides  that  the
 wheelchair  will be free from any condition or defect that substantially
 impairs its use, value or safety.
   (2) To ensure you receive the benefits  of  this  warranty,  you  must
 report any problems and make the wheelchair available to the manufactur-
 er,  authorized wheelchair dealer or wheelchair lessor for repair before
 [one year] TWO YEARS after first delivery.
   a. If a new wheelchair does  not  conform  to  an  applicable  express
 warranty and the consumer reports the nonconformity to the manufacturer,
 the wheelchair lessor or any of the manufacturer's authorized wheelchair
 dealers  and makes the wheelchair available for repair before [one year]
 TWO YEARS after first delivery of the  wheelchair  to  a  consumer,  the
 nonconformity shall be repaired at no charge to the consumer.
   §  6.  The general business law is amended by adding a new section 678
 to read as follows:
   § 678. MEDICALLY NECESSARY WHEELCHAIR REPAIRS. 1.  NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, ANY WHEELCHAIR REPAIR THAT IS NEEDED WITHIN FIVE
 YEARS OF THE INITIAL PRESCRIPTION SHALL BE  DEEMED  MEDICALLY  NECESSARY
 AND  SHALL  NOT  REQUIRE  A NEW PRESCRIPTION OR PRIOR AUTHORIZATION FROM
 INSURANCE BEFORE PROCEEDING WITH REPAIR.
   2. THE CHIEF DISABILITY OFFICER SHALL SEEK ANY FEDERAL APPROVAL NECES-
 SARY, INCLUDING AMENDING THE MEDICAID STATE PLAN OR APPLYING FOR A MEDI-
 CAID WAIVER, TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
 A. 8740                             4
 
   3. THE DEPARTMENT OF FINANCIAL SERVICES  SHALL  PROMULGATE  ANY  RULES
 AND/OR REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  7.  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.