S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6210
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2025
                                ___________
 
 Introduced by Sens. ASHBY, HELMING, OBERACKER, PALUMBO, RHOADS, ROLISON,
   WEBER  --  read  twice  and  ordered  printed,  and when printed to be
   committed to the Committee on Consumer Protection
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08396-01-5
 S. 6210                             2
              

 
 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
 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.
 S. 6210                             3
 
   § 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.