The Tennessee House of Representatives has unanimously passed HB 2147, a bill governing maintenance and repair policies for Complex Rehab Technology (CRT) wheelchairs.
An April 25 bulletin from the American Association for Homecare (AAHomecare) noted that the House’s passage clears the way for Gov. Bill Lee to sign the measure into law. AAHomecare added that the Tennessee Senate unanimously passed its version of the bill, SB 2368, on April 8.
Tennessee is first state to require preventive maintenance funding
The bills’ passage makes Tennessee the first state to require reimbursement for CRT preventive maintenance, AAHomecare said in the bulletin. Tenncare, the state’s Medicaid program, must “cover and pay for preventative maintenance on CRT wheelchairs at least once per year,” the association said. “A flat reimbursement rate for that service is expected to be established in the coming months.”
AAHomecare pointed out additional highlights of the new legislation, including the right of consumers to purchase select CRT replacement parts from manufacturers to perform repairs themselves; and a “service what you sell” rule for CRT providers that will require those businesses to service wheelchairs they provide — with some exceptions.
The legislation, which covers CRT manual and power wheelchairs, goes into effect July 1.
The bills define preventive maintenance as “the regular and routine maintenance of a wheelchair,
as described in the wheelchair’s owner’s manual, to ensure that the wheelchair maintains its originally designed quality, function.” A maintenance assessment would include an examination of “the physical condition of the Complex Rehabilitation Technology” and “any medically necessary repairs that the authorized technician is able to complete.”
“Repair” is defined in the bills as the “repair or replacement of a deficient, broken, or otherwise malfunctioning part, component, hardware, or software, when the deficient, broken, or otherwise malfunctioning state of such part, component, hardware, or software results in the incapacity of or otherwise diminished capacity for use of a Complex Rehabilitation Technology.”
Understanding ‘service what you sell’ and the ‘right to repair’
The new legislation will also require CRT providers to repair the CRT they sell, unless the consumer moves outside the provider’s original service area; the damage to the equipment is caused by misuse or abuse of the equipment that the payer is unwilling to cover, and the consumer refuses to pay out of pocket for the repair; or the consumer “poses a potential threat to the health and safety of the supplier.”
Consumers with power wheelchairs can choose to make repairs themselves or have repairs performed by an independent provider. The components approved for self repair are batteries; battery chargers; nonprogrammable joysticks; joystick housings or brackets; wheel assemblies; non-positioning accessories; anti-tippers; armrests (excluding positioning components that need to be adjusted by a seating clinician or ATP); caster spheres; cosmetic shrouding; and non-power leg lowerers.
“This section does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms,” the legislation said.
Manufacturers won’t be liable “for faulty or otherwise improper repairs provided by an independent repair provider or owner,” the legislation said, including repairs that cause damage to the wheelchair during the repair process; cause “indirect, incidental, special or consequential damage”; or reduce the function of the power chair or render the power chair unusable.
Preventive maintenance, the legislation said, “must be performed by a qualified technician who is an employee of the authorized complex rehabilitation technology supplier, and must be performed according to the manufacturer’s guidelines. The preventative maintenance may be performed during a complex rehabilitation technology appointment for an unrelated issue, and is not required to be a stand-alone appointment or event.
“The authorized complex rehabilitation technology supplier shall document and maintain all records of preventative maintenance services performed pursuant to this part.”
AAHomecare praises repair and maintenance advocates
“This success follows a concerted campaign by Tennessee mobility advocates that began in earnest more than a year ago,” AAHomecare said in its announcement. “AAHomecare’s Laura Williard and Alexis Ward worked with policy leads at Permobil, NSM [National Seating & Mobility], Numotion, Quantum, and Sunrise Medical to make an effective case with key Tennessee legislators.
“Active engagement from the Tennessee Disability Coalition and effective direct lobbying efforts by John Goetz of Bridge Public Affairs were also critical to moving the bill forward.”
