Bill > S2662

This bill expands warranty protections for wheelchair users with disabilities by establishing comprehensive requirements for wheelchair dealers and manufacturers. The legislation defines a "complex rehabilitation technology wheelchair" as a specialized, medically necessary device that requires individual configuration and long-term maintenance, and mandates that authorized wheelchair dealers provide timely repairs, including home repairs for complex wheelchairs. Dealers must maintain accessible communication channels for repair requests, responding within one business day and ordering necessary parts within three business days. The bill requires dealers to have inventory or subcontracts to fill repair orders, with specific contract requirements including contact information, contract terms, and shipping provisions. Consumers are granted the right to pursue legal action for damages, with potential court-awarded compensation of twice the pecuniary loss plus attorney fees. Additionally, the bill restricts health insurers and Medicaid programs from requiring pre-authorization for wheelchair repairs unless the original prescription is over five years old. The legislation also expands the definition of "consumer" to include wheelchair recipients regardless of insurance funding and introduces a requirement for manufacturers to provide temporary loaner wheelchairs or rental reimbursement if repairs are expected to take longer than ten business days. The Attorney General is authorized to develop rules for implementing and enforcing these new wheelchair warranty protections.

Budget and Finance, Health and Social Services

Joint Committee on Consumer Protection and Professional Licensure (Joint)

https://malegislature.gov/Bills/194/S2662