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H 4358

An Act relative to wheelchair repair requirements and consumer protection

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 22 co-sponsors

H.4358 mandates timely wheelchair repairs within 10 business days, at-home CRT service, fast dealer responses, and limits insurer preauthorization for recent prescriptions.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 4358

Summary of H.4358: An Act relative to wheelchair repair requirements and consumer protection

Purpose

Provide mandatory, timely repair obligations for wheelchairs (including complex rehabilitation technology wheelchairs), strengthen consumer protections, and limit preauthorization requirements for repairs by insurers and health plans in Massachusetts.

Key provisions

Definitions and scope (Section 1)

  • Introduces Section 107A to Chapter 93:
    • Definitions:
    • “Authorized wheelchair dealer”: companies doing business in MA that sell or lease wheelchairs, including complex rehabilitation technology (CRT) wheelchairs.
    • “Complex rehabilitation technology wheelchair”: specialized, medically necessary manual or powered wheelchair configured to the user with equipment requiring evaluation, fitting, adjustment, programming, and long-term maintenance/repair.
    • “Consumer”: purchaser or lessee of a wheelchair (including CRT wheelchairs), regardless of funding source.
    • “Timely repair”: repair completed as soon as practicable but no later than 10 business days after the request, excluding time for insurer prior authorization or delivery of necessary parts.
    • “Wheelchair”: manual or motorized device for mobility/positioning, including CRT wheelchairs.
  • Dealers must ensure timely repair and provide at-home repair for CRT wheelchairs upon request.

Service commitments by dealers (Section 1)

  • Dealers must:
    • Maintain accessible electronic mail and phone contact for repair requests; respond within 1 business day.
    • Order parts within 3 business days after assessing repair needs or after insurer authorization is obtained.
    • Fulfill repair/replacement orders from own inventory or via a written subcontract with specified minimum terms (contact details, contract term, scope, pricing, signatures, credit limits, and a provision for overnight shipping where feasible).

Remedies and enforcement (Section 1)

  • Waivers of rights under this section are void.
  • Consumers may sue for damages; prevailing plaintiffs receive twice the pecuniary loss, plus costs, disbursements, reasonable attorney fees, and equitable relief.
  • Massachusetts Attorney General to promulgate relevant rules/regulations.

Insurer preauthorization changes (Sections 2–4)

  • CRT wheelchair repairs generally do not require preauthorization unless the original prescription is more than five years old (applies to:
    • Chapter 118E (Section 10R)
    • Chapter 175 (Section 47VV)
    • Chapter 176A (Section 8WW)
  • Applies to Medicaid managed care, health plans, HMOs, and hospital service plans delivered/renewed in MA.

Who is affected

  • Authorized wheelchair dealers (including CRT wheelchair providers) operating in Massachusetts.
  • Consumers/purchasers/lessees of wheelchairs.
  • Insurers and health plans contracting with MA providers (for applicable preauthorization changes).

Timeline and process

  • Effective concepts: timely repair within 10 business days; responses within 1 business day; parts ordered within 3 business days.
  • Preauthorization reforms apply to repairs unless prescription age is under five years.
  • AG rules to be established to interpret and enforce provisions.

Legislative status

  • Reported favorably by the Committee on Consumer Protection and Professional Licensure (Aug 7, 2025) and referred to the House Ways and Means.
  • New draft referenced (H.1278) in the same filing.

Potential impact

  • Enhanced accountability for wheelchair dealers and clearer consumer remedies.
  • Potentially faster repair timelines and improved access to CRT wheelchair maintenance, including at-home service.
  • Reduced administrative hurdles for repairs when prescriptions are recent, potentially lowering delays for patients.

Compiled from official sources — confirm details with the bill’s official record.

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