S T A T E O F N E W Y O R K
________________________________________________________________________
4500--B
Cal. No. 1294
2025-2026 Regular Sessions
I N S E N A T E
February 6, 2025
___________
Introduced by Sens. FAHY, ASHBY, CANZONERI-FITZPATRICK, JACKSON, RHOADS,
ROLISON, C. RYAN, SCARCELLA-SPANTON, SUTTON -- read twice and ordered
printed, and when printed to be committed to the Committee on Consumer
Protection -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading -- recom-
mitted to the Committee on Consumer Protection in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the general business law and the social services law, in
relation to enacting the "consumer wheelchair repair bill of rights
act"
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
the "consumer wheelchair repair bill of rights act".
§ 2. Article 32 and section 670 of the general business law, as
amended by chapter 219 of the laws of 2006, are renumbered article 32-A
and section 676 and a new section 677 is added to read as follows:
§ 677. RIGHT TO REPAIR WHEELCHAIRS. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) (I) "AUTHORIZED REPAIR PROVIDER" MEANS A PERSON THAT IS UNAFFIL-
IATED WITH A MANUFACTURER OTHER THAN THROUGH AN ARRANGEMENT WITH SUCH
MANUFACTURER, WHETHER FOR A DEFINITE OR AN INDEFINITE PERIOD, IN WHICH
SUCH MANUFACTURER, FOR THE PURPOSE OF OFFERING TO PROVIDE SERVICES TO AN
EQUIPMENT OWNER REGARDING THE OWNER'S EQUIPMENT OR A PART, GRANTS SUCH
PERSON:
(1) A LICENSE TO USE A TRADE NAME, SERVICE MARK, OR OTHER PROPRIETARY
IDENTIFIER; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08308-09-6
S. 4500--B 2
(2) AUTHORIZATION UNDER ANY OTHER ARRANGEMENT TO ACT ON BEHALF OF SUCH
MANUFACTURER.
(II) "AUTHORIZED REPAIR PROVIDER" INCLUDES, BUT IS NOT LIMITED TO, A
MANUFACTURER THAT OFFERS TO PROVIDE SERVICES TO AN OWNER OF SUCH
MANUFACTURER'S EQUIPMENT REGARDING SUCH OWNER'S EQUIPMENT OR A PART IF
SUCH MANUFACTURER DOES NOT HAVE AN ARRANGEMENT WITH AN UNAFFILIATED
PERSON, AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS SUBDIVISION.
(B) "DOCUMENTATION" MEANS A MANUAL; DIAGRAM, INCLUDING A SCHEMATIC
DIAGRAM; REPORTING OUTPUT; SERVICE CODE DESCRIPTION; OR SIMILAR TYPE OF
INFORMATION, WHETHER IN AN ELECTRONIC OR TANGIBLE FORMAT, THAT A
MANUFACTURER PROVIDES TO AN AUTHORIZED REPAIR PROVIDER FOR PURPOSES OF
ASSISTING SUCH AUTHORIZED REPAIR PROVIDER WITH SERVICES PERFORMED ON
SUCH MANUFACTURER'S EQUIPMENT OR A PART.
(C) "EMBEDDED SOFTWARE" MEANS PROGRAMMABLE INSTRUCTIONS PROVIDED ON
FIRMWARE DELIVERED WITH AN ELECTRONIC COMPONENT OF EQUIPMENT OR WITH ANY
PART FOR THE PURPOSE OF RESTORING OR IMPROVING OPERATION OF SUCH EQUIP-
MENT OR PART; AND SHALL INCLUDE BUT NOT BE LIMITED TO ALL RELEVANT
PATCHES AND FIXES THAT THE MANUFACTURER MAKES TO EQUIPMENT OR TO ANY
PART FOR THE PURPOSE OF RESTORING OR IMPROVING SUCH EQUIPMENT OR PART.
(D) "EQUIPMENT" MEANS A WHEELCHAIR.
(E) (I) "FAIR AND REASONABLE COSTS" WITH RESPECT TO OBTAINING DOCUMEN-
TATION, PARTS, EMBEDDED SOFTWARE, FIRMWARE, OR TOOLS FROM A MANUFACTURER
TO PROVIDE SERVICES, MEANS TERMS THAT ARE EQUIVALENT TO THE MOST FAVORA-
BLE TERMS THAT SUCH MANUFACTURER OFFERS TO AN AUTHORIZED REPAIR PROVIDER
AND COSTS THAT ARE NO GREATER THAN SUCH MANUFACTURER'S SUGGESTED RETAIL
PRICE. COSTS CONSIDERED UNDER THIS SUBPARAGRAPH SHALL BE CALCULATED
USING NET COSTS INCURRED, ACCOUNTING FOR ANY DISCOUNTS, REBATES, OR
INCENTIVES OFFERED.
(II) WITH RESPECT TO DOCUMENTATION, "FAIR AND REASONABLE TERMS AND
COSTS" MEANS THAT THE MANUFACTURER PROVIDES SUCH DOCUMENTATION, INCLUD-
ING ANY RELEVANT UPDATES TO SUCH DOCUMENTATION, AT NO CHARGE; EXCEPT
THAT SUCH MANUFACTURER MAY CHARGE A FEE FOR A PRINTED COPY OF SUCH
DOCUMENTATION IF THE AMOUNT OF SUCH FEE COVERS ONLY SUCH MANUFACTURER'S
ACTUAL COST TO PREPARE AND SEND SUCH PRINTED COPY OF SUCH DOCUMENTATION.
(III) WITH RESPECT TO TOOLS THAT ARE SOFTWARE PROGRAMS, "FAIR AND
REASONABLE TERMS AND COSTS" MEANS THAT THE MANUFACTURER PROVIDES SUCH
TOOLS THAT ARE SOFTWARE PROGRAMS:
(1) AT NO CHARGE AND WITHOUT REQUIRING AUTHORIZATION OR INTERNET
ACCESS OR OTHERWISE IMPOSING IMPEDIMENTS TO ACCESS OR USE;
(2) IN THE COURSE OF EFFECTUATING THE DIAGNOSIS, MAINTENANCE, OR
REPAIR AND ENABLING THE FULL FUNCTIONALITY OF THE EQUIPMENT OR PART; AND
(3) IN A MANNER THAT DOES NOT IMPAIR THE EFFICIENT AND COST-EFFECTIVE
PERFORMANCE OF THE EQUIPMENT OR PART.
(F) "FIRMWARE" MEANS A SOFTWARE PROGRAM OR SET OF INSTRUCTIONS
PROGRAMMED ON EQUIPMENT OR A PART TO ALLOW SUCH EQUIPMENT OR PART TO
COMMUNICATE WITH ITSELF OR WITH OTHER COMPUTER HARDWARE.
(G) (I) "INDEPENDENT REPAIR PROVIDER", EXCEPT AS OTHERWISE PROVIDED IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH, MEANS A PERSON IN THE STATE THAT
IS:
(1) NEITHER A MANUFACTURER'S AUTHORIZED REPAIR PROVIDER NOR AFFILIATED
WITH A MANUFACTURER'S AUTHORIZED REPAIR PROVIDER; AND
(2) ENGAGED IN OFFERING OR PROVIDING SERVICES.
(II) "INDEPENDENT REPAIR PROVIDER" MEANS:
(1) AN AUTHORIZED REPAIR PROVIDER IF SUCH AUTHORIZED REPAIR PROVIDER
IS OFFERING OR PROVIDING SERVICES FOR A MANUFACTURER OTHER THAN A
S. 4500--B 3
MANUFACTURER WITH WHICH SUCH AUTHORIZED REPAIR PROVIDER HAS AN ARRANGE-
MENT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; OR
(2) A MANUFACTURER WITH RESPECT TO OFFERING OR PROVIDING SERVICES FOR
ANOTHER MANUFACTURER'S EQUIPMENT OR PART.
(H) "ORIGINAL EQUIPMENT MANUFACTURER" OR "MANUFACTURER" MEANS A PERSON
DOING BUSINESS IN THE STATE AND ENGAGED IN THE BUSINESS OF SELLING,
LEASING, OR OTHERWISE SUPPLYING NEW EQUIPMENT OR PARTS MANUFACTURED BY
OR ON BEHALF OF ITSELF TO ANY INDIVIDUAL, BUSINESS, OR OTHER ENTITY.
(I) "OWNER" MEANS A CONSUMER, AS DEFINED BY SECTION SIX HUNDRED SEVEN-
TY-SIX OF THIS ARTICLE.
(J) "PART" MEANS A NEW OR USED REPLACEMENT PART FOR EQUIPMENT THAT A
MANUFACTURER OFFERS FOR SALE OR OTHERWISE MAKES AVAILABLE FOR THE
PURPOSE OF PROVIDING SERVICES.
(K) "POWERED WHEELCHAIR" MEANS A MOTORIZED WHEELED DEVICE DESIGNED FOR
USE BY A PERSON WITH A PHYSICAL DISABILITY.
(L) "SERVICES" MEANS DIAGNOSTIC, MAINTENANCE, OR REPAIR SERVICES
PERFORMED ON EQUIPMENT OR A PART.
(M) "TOOLS" MEANS ANY SOFTWARE PROGRAM, HARDWARE IMPLEMENT, OR OTHER
APPARATUS USED FOR DIAGNOSIS, MAINTENANCE, OR REPAIR OF EQUIPMENT OR
PARTS, INCLUDING SOFTWARE OR OTHER MECHANISM THAT PROVIDES, PROGRAMS, OR
PAIRS A NEW PART; CALIBRATES FUNCTIONALITY; OR PERFORMS ANY OTHER FUNC-
TION REQUIRED TO RETURN SUCH EQUIPMENT OR PART TO FULLY FUNCTIONAL
CONDITION.
(N) "TRADE SECRET" MEANS THE WHOLE OR ANY PORTION OR PHASE OF ANY
SCIENTIFIC OR TECHNICAL INFORMATION, DESIGN, PROCESS, PROCEDURE, FORMU-
LA, IMPROVEMENT, CONFIDENTIAL BUSINESS OR FINANCIAL INFORMATION, LISTING
OF NAMES, ADDRESSES, OR TELEPHONE NUMBERS, OR OTHER INFORMATION RELATING
TO ANY BUSINESS OR PROFESSION WHICH IS SECRET AND OF VALUE. TO BE A
"TRADE SECRET" THE OWNER THEREOF SHALL HAVE TAKEN MEASURES TO PREVENT
THE SECRET FROM BECOMING AVAILABLE TO PERSONS OTHER THAN THOSE SELECTED
BY THE OWNER TO HAVE ACCESS THERETO FOR LIMITED PURPOSES.
(O) "CERTIFIED ASSISTIVE TECHNOLOGY PROFESSIONAL" MEANS AN INDIVIDUAL
WHO DEMONSTRATES COMPETENCE IN COMPLEX REHABILITATION TECHNOLOGY THROUGH
NATIONALLY RECOGNIZED CERTIFICATION, RELEVANT LICENSURE, OR A COMBINA-
TION OF EDUCATION, TRAINING, AND DOCUMENTED EXPERIENCE IN THE EVALU-
ATION, CONFIGURATION, OR REPAIR OF COMPLEX REHABILITATION TECHNOLOGY.
2. (A) EXCEPT AS PROVIDED UNDER PARAGRAPH (B) OF THIS SUBDIVISION:
(I) FOR THE PURPOSE OF PROVIDING SERVICES FOR EQUIPMENT IN THE STATE,
AN ORIGINAL EQUIPMENT MANUFACTURER SHALL, WITH FAIR AND REASONABLE TERMS
AND COSTS, MAKE AVAILABLE TO AN INDEPENDENT REPAIR PROVIDER OR OWNER OF
SUCH MANUFACTURER'S EQUIPMENT ANY DOCUMENTATION, PARTS, EMBEDDED SOFT-
WARE, FIRMWARE, OR TOOLS THAT ARE INTENDED FOR USE WITH THE EQUIPMENT OR
ANY PART, INCLUDING UPDATES TO DOCUMENTATION, PARTS, EMBEDDED SOFTWARE,
FIRMWARE, OR TOOLS.
(II) WITH RESPECT TO EQUIPMENT THAT CONTAINS AN ELECTRONIC SECURITY
LOCK OR OTHER SECURITY-RELATED FUNCTION, A MANUFACTURER SHALL, WITH FAIR
AND REASONABLE TERMS AND COSTS, MAKE AVAILABLE TO INDEPENDENT REPAIR
PROVIDERS AND OWNERS ANY DOCUMENTATION, PARTS, EMBEDDED SOFTWARE, FIRM-
WARE, OR TOOLS NEEDED TO RESET THE LOCK OR FUNCTION WHEN DISABLED IN THE
COURSE OF PROVIDING SERVICES. THE MANUFACTURER MAY MAKE THE DOCUMENTA-
TION, PARTS, EMBEDDED SOFTWARE, FIRMWARE, OR TOOLS AVAILABLE TO INDE-
PENDENT REPAIR PROVIDERS AND OWNERS THROUGH APPROPRIATE SECURE RELEASE
SYSTEMS. PARTS REQUIRED TO BE MADE AVAILABLE UNDER THIS PARAGRAPH SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(1) BATTERIES;
(2) BATTERY CHARGERS;
S. 4500--B 4
(3) NONPROGRAMMABLE JOYSTICKS;
(4) JOYSTICK HOUSINGS OR BRACKETS;
(5) WHEEL ASSEMBLY PARTS, INCLUDING BUT NOT LIMITED TO, TIRES AND
RIMS;
(6) ANTI-TIP DEVICES;
(7) ARMRESTS;
(8) CASTER ASSEMBLY, INCLUDING BUT NOT LIMITED TO, CASTER WHEELS,
FORKS, AND BEARINGS;
(9) COSMETIC SHROUDING;
(10) FLOOR MATS;
(11) FOOT PLATES;
(12) NONPOWERED LEG RESTS;
(13) SWING AWAY FOOT RESTS;
(14) NONPOWERED FOOT RESTS; AND
(15) NON-POSITIONING PARTS AND ACCESSORIES.
(B) (I) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO:
(1) A PART THAT IS NO LONGER AVAILABLE TO THE ORIGINAL EQUIPMENT
MANUFACTURER, PROVIDED THAT THIS CLAUSE SHALL NOT APPLY TO ANY PART FOR
A WHEELCHAIR WITHIN FIVE YEARS AFTER FIRST DELIVERY OF SUCH WHEELCHAIR
TO THE ORIGINAL OWNER; OR
(2) CONDUCT THAT WOULD REQUIRE THE MANUFACTURER TO DIVULGE A TRADE
SECRET; EXCEPT THAT A MANUFACTURER SHALL NOT REFUSE TO MAKE AVAILABLE TO
AN INDEPENDENT REPAIR PROVIDER OR OWNER ANY DOCUMENTATION, PART, EMBED-
DED SOFTWARE, FIRMWARE, OR TOOL NECESSARY TO PROVIDE SERVICES ON GROUNDS
THAT SUCH DOCUMENTATION, PART, EMBEDDED SOFTWARE, FIRMWARE, OR TOOL
ITSELF IS A TRADE SECRET.
(II) (1) A MANUFACTURER MAY REDACT DOCUMENTATION TO REMOVE TRADE
SECRETS FROM SUCH DOCUMENTATION BEFORE PROVIDING ACCESS TO SUCH DOCUMEN-
TATION IF THE USABILITY OF SUCH REDACTED DOCUMENTATION FOR THE PURPOSE
OF PROVIDING SERVICES IS NOT DIMINISHED.
(2) A MANUFACTURER MAY WITHHOLD INFORMATION REGARDING A COMPONENT OF,
DESIGN OF, FUNCTIONALITY OF, OR PROCESS OF DEVELOPING A PART, EMBEDDED
SOFTWARE, FIRMWARE, OR A TOOL IF SUCH INFORMATION IS A TRADE SECRET AND
THE USABILITY OF SUCH PART, EMBEDDED SOFTWARE, FIRMWARE, OR TOOL FOR THE
PURPOSE OF PROVIDING SERVICES IS NOT DIMINISHED.
(C) AN ORIGINAL EQUIPMENT MANUFACTURER SHALL NOT BE LIABLE FOR FAULTY
OR OTHERWISE IMPROPER REPAIRS PROVIDED BY INDEPENDENT REPAIR PROVIDERS
OR OWNERS, INCLUDING FAULTY OR OTHERWISE IMPROPER REPAIRS THAT CAUSE:
(I) DAMAGE TO WHEELCHAIRS THAT OCCUR DURING SUCH REPAIRS;
(II) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES;
(III) AN INABILITY TO USE, OR A REDUCED FUNCTIONALITY OF, A WHEELCHAIR
RESULTING FROM THE FAULTY OR OTHERWISE IMPROPER REPAIR; OR
(IV) PERSONAL INJURY.
3. (A) EXCEPT AS PROVIDED UNDER PARAGRAPH (B) OF THIS SUBDIVISION,
NOTHING IN THIS SECTION SHALL:
(I) ALTER THE TERMS OF ANY CONTRACT OR OTHER ARRANGEMENT IN FORCE ON
THE EFFECTIVE DATE OF THIS SECTION BETWEEN AN ORIGINAL EQUIPMENT
MANUFACTURER AND AN AUTHORIZED REPAIR PROVIDER, INCLUDING THE PERFORM-
ANCE OR PROVISION OF WARRANTY OR RECALL REPAIR WORK AND ANY EXCLUSIVITY
OR NONCOMPETE CLAUSE IN A CONTRACT;
(II) REQUIRE A MANUFACTURER TO PROVIDE AN INDEPENDENT REPAIR PROVIDER
OR OWNER ACCESS TO INFORMATION, OTHER THAN DOCUMENTATION, THAT SUCH
MANUFACTURER PROVIDES TO AN AUTHORIZED REPAIR PROVIDER PURSUANT TO A
CONTRACT OR OTHER ARRANGEMENT WITH SUCH AUTHORIZED REPAIR PROVIDER
EXCEPT AS NECESSARY TO COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION; OR
S. 4500--B 5
(III) EXEMPT A MANUFACTURER FROM A PRODUCTS LIABILITY CLAIM THAT IS
OTHERWISE AUTHORIZED UNDER LAW.
(B) WITH RESPECT TO A CONTRACT OR OTHER ARRANGEMENT, OR RENEWAL OF A
CONTRACT OR EXISTING ARRANGEMENT, THAT AN ORIGINAL EQUIPMENT MANUFACTUR-
ER ENTERS INTO AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT
TERM, PROVISION, AGREEMENT, OR LANGUAGE IN SUCH CONTRACT OR ARRANGEMENT
THAT WAIVES, AVOIDS, RESTRICTS, OR LIMITS SUCH MANUFACTURER'S OBLI-
GATIONS UNDER THIS SECTION SHALL BE VOID AND UNENFORCEABLE.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MANUFACTUR-
ER TO MAKE AVAILABLE DOCUMENTATION, PARTS, TOOLS, OR SOFTWARE NECESSARY
FOR REPAIRS OR MODIFICATIONS THAT:
(A) INVOLVE THE CALIBRATION OF A POWERED WHEELCHAIR'S SEATING SYSTEMS
THAT DIRECTLY AFFECT THE USER'S THERAPEUTIC OR MEDICAL SEATING, OR
MOBILITY CONFIGURATION; OR
(B) ALTER OR BYPASS MANUFACTURER-ESTABLISHED SAFETY PARAMETERS
DESIGNED TO PREVENT TIPPING, LOSS OF STABILITY, OR OTHER HAZARDS,
INCLUDING BUT NOT LIMITED TO, LIMITS ON SPEED, TILT, RECLINE, OR SEAT
ELEVATION WHILE THE WHEELCHAIR IS IN MOTION; OR
(C) REQUIRE THE PROFESSIONAL JUDGMENT OR SERVICES OF ANY OF THE
FOLLOWING WHEN SUCH JUDGMENT OR SERVICE IS NECESSARY TO ENSURE SAFE USER
SEATING AND POSITIONING:
(I) A LICENSED PHYSICAL THERAPIST;
(II) A LICENSED OCCUPATIONAL THERAPIST; OR
(III) A CERTIFIED ASSISTIVE TECHNOLOGY PROFESSIONAL.
5. IF A MANUFACTURER DECLINES TO PROVIDE ACCESS TO A REQUESTED PART,
TOOL, SOFTWARE, OR DOCUMENTATION PURSUANT TO THIS SECTION, SUCH MANUFAC-
TURER SHALL, UPON THE REQUEST OF THE OWNER AND WITHIN TEN BUSINESS DAYS,
PROVIDE TO THE OWNER OR INDEPENDENT REPAIR PROVIDER A WRITTEN EXPLANA-
TION IDENTIFYING THE SPECIFIC BASIS FOR SUCH DENIAL, INCLUDING ANY
APPLICABLE EXEMPTIONS PURSUANT TO THIS ARTICLE AND A DESCRIPTION OF HOW
SUCH REQUESTED PART, TOOL, SOFTWARE, OR DOCUMENTATION FALLS WITHIN SUCH
EXEMPTION.
§ 3. The general business law is amended by adding a new section 678
to read as follows:
§ 678. TIMELY REPAIR OF WHEELCHAIRS. 1. NO LATER THAN ONE YEAR AFTER
THE EFFECTIVE DATE OF THIS SECTION, AND AFTER CONSULTATION WITH THE
COMMISSIONER OF HEALTH, THE SECRETARY OF STATE, THROUGH THE CONSUMER
PROTECTION DIVISION ESTABLISHED PURSUANT TO SECTION NINETY-FOUR-A OF THE
EXECUTIVE LAW, SHALL ESTABLISH A "TIMELY REPAIR FOR WHEELCHAIR PROGRAM"
UNDER WHICH MANUFACTURERS AND WHEELCHAIR DEALERS OR WHEELCHAIR LESSORS
SHALL BE HELD ACCOUNTABLE FOR WHEELCHAIR REPAIRS REQUESTED BY OWNERS AS
PROVIDED IN THIS SECTION.
2. NOTWITHSTANDING ANY CONTRADICTORY PROVISION OF SECTION SIX HUNDRED
SEVENTY-SIX OF THIS ARTICLE, A MANUFACTURER, WHEELCHAIR DEALER, OR
WHEELCHAIR LESSOR, AS SUCH TERMS ARE DEFINED BY SECTION SIX HUNDRED
SEVENTY-SIX OF THIS ARTICLE, OR AN AUTHORIZED REPAIR PROVIDER, AS SUCH
TERM IS DEFINED BY SECTION SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE,
SHALL MAKE BEST EFFORTS TO:
(A) ACKNOWLEDGE AND RESPOND TO A REQUEST FOR WHEELCHAIR REPAIR AS SOON
AS PRACTICABLE BUT NO LATER THAN ONE BUSINESS DAY AFTER THE DATE SUCH
REQUEST WAS MADE;
(B) PROVIDE AN ASSESSMENT OR SCHEDULE AN APPOINTMENT TO MAKE ANY
REPAIRS AS SOON AS PRACTICABLE BUT NO LATER THAN SEVENTY-TWO HOURS AFTER
ACKNOWLEDGING A REQUEST;
S. 4500--B 6
(C) ORDER ANY NECESSARY PARTS NOT CURRENTLY IN INVENTORY AS SOON AS
PRACTICABLE BUT NO LATER THAN TWO BUSINESS DAYS OF COMPLETING THE
ASSESSMENT; AND
(D) COMPLETE THE REPAIR AS SOON AS PRACTICABLE BUT NO LATER THAN FIVE
BUSINESS DAYS AFTER ALL REQUIRED PARTS HAVE BEEN RECEIVED.
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 MANUFACTURER, AUTHORIZED WHEELCHAIR DEALER OR WHEELCHAIR LESSOR
SHALL MAINTAIN AN ELECTRONIC MAIL ADDRESS AND A PHONE LINE THAT IS DEDI-
CATED 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. WHEELCHAIR DEALERS 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 CONSUMER PROTECTION DIVISION OF THE DEPARTMENT OF
STATE 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-SEVEN, AND ANNUALLY THEREAFTER, THE DEPARTMENT OF STATE
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 CONSUMER
PROTECTION DIVISION OF THE DEPARTMENT OF STATE AND VISIBLE TO THE GENER-
AL PUBLIC.
6. ANY ENTITY THAT IS A CONSUMER, AS DEFINED BY SUBPARAGRAPH FIVE OF
PARAGRAPH B OF SUBDIVISION ONE OF SECTION SIX HUNDRED SEVENTY-SIX OF
THIS ARTICLE, SHALL CONSPICUOUSLY POST ON ITS WEBSITE THE CONSUMERS'
RIGHTS PURSUANT TO THIS SECTION AND THE PHONE NUMBER AND ELECTRONIC MAIL
ADDRESS CREATED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
7. (A) NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT,
AND ANNUALLY THEREAFTER, THE DEPARTMENT OF HEALTH SHALL PROVIDE A LIST
OF ALL ENTITIES SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION THAT CONTRACTS WITH THE STATE TO SELL OR LEASE WHEELCHAIRS TO
MEDICAID RECIPIENTS TO THE DEPARTMENT OF STATE'S CONSUMER PROTECTION
DIVISION. SUCH ENTITIES SHALL SUBMIT A REPORT TO THE OFFICE OF THE
CONSUMER PROTECTION DIVISION OF THE DEPARTMENT OF STATE REGARDING REPAIR
OF SUCH WHEELCHAIRS. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
MINIMUM, MAXIMUM AND AVERAGE TIMES FROM THE DATE AND TIME OF A WHEEL-
CHAIR REPAIR REQUEST FOR SUCH 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 HEALTH AND RECEIVE A DECISION
FROM THE DEPARTMENT OF HEALTH 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 CONSUMER PROTECTION DIVISION OF THE DEPARTMENT
OF STATE SHALL MAKE THE REPORT SUBMITTED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION AVAILABLE TO THE PUBLIC WITHIN SIXTY DAYS OF RECEIVING IT.
8. THE SECRETARY OF STATE, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, SHALL PROMULGATE RULES, REGULATIONS, REPORTING REQUIREMENTS, AND
S. 4500--B 7
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-
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 MAY ESTABLISH MINIMUM BENCHMARK REIMBURSEMENT
RATES TO BE PAID BY MANAGED CARE ORGANIZATIONS UNDER THIS SUBDIVISION.
§ 5. The opening paragraph of subdivision 1 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, is amended to
read as follows:
As used in this [section] ARTICLE, UNLESS OTHERWISE DEFINED IN THE
APPLICABLE SECTION:
§ 6. The general business law is amended by adding a new section 679
to read as follows:
§ 679. 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, MEDICAL DOCUMENTATION SUBJECT
TO THE DRUG UTILIZATION REVIEW PROGRAM, OR PRIOR AUTHORIZATION FROM
INSURANCE BEFORE PROCEEDING WITH REPAIR.
2. THE COMMISSIONER OF HEALTH 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.
3. THE CONSUMER PROTECTION DIVISION OF THE DEPARTMENT OF STATE AND THE
COMMISSIONER OF HEALTH SHALL PROMULGATE ANY RULES AND/OR REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
