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HB258 INTRODUCED
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HB258
5V1EYMM-1
By Representative Clarke
RFD: State Government
First Read: 15-Jan-26
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5V1EYMM-1 01/12/2025 JC (L)lg 2025-3503
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First Read: 15-Jan-26
SYNOPSIS:
There are no provisions in existing law
governing the repair of customized wheelchairs.
This bill would require wheelchair repair
providers to make repairs in a timely manner. Repair
providers that are also licensed home medical equipment
services providers would be subject to discipline by
the Board of Home Medical Equipment for repeated
failure to make timely repairs.
This bill would require Medicaid to cover the
cost of a customized wheelchair when medically
necessary. This bill would also require wheelchair
repair providers that contract with Medicaid to submit
annual reports to the Medicaid Agency concerning
timeliness of repairs.
This bill would eliminate any requirement for a
new prescription or prior authorization for the repair
of a customized wheelchair from Medicaid or private
health insurance, depending on the age of the
wheelchair.
This bill would further require a manufacturer
of customized wheelchairs to provide needed product
information, tools, and parts directly to the consumer
or a repair provider that is not affiliated with the
manufacturer.
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manufacturer.
This bill would further provide that a
manufacturer's failure to comply with the standards for
assistance would be an unlawful trade practice, subject
to enforcement by the Attorney General or an aggrieved
owner under the Deceptive Trade Practices Act.
A BILL
TO BE ENTITLED
AN ACT
Relating to wheelchair repair; to amend Section
34-14C-6, Code of Alabama 1975, to provide the Board of Home
Medical Equipment with authority to discipline licensees who
fail to repair customized wheelchairs in a timely manner; to
provide standards for timely repair of customized wheelchairs;
to require Medicaid to cover the cost of customized
wheelchairs when medically necessary; to limit the requirement
of prior authorization by Medicaid or private health insurance
for repair of certain customized wheelchairs; to impose a
reporting requirement on Medicaid repair providers; to require
manufacturers to provide the documentation, parts, or tools
necessary to repair a motorized wheelchair to independent
repair businesses on the same terms as provided to the
manufacturer's authorized repair businesses; and to provide
that a violation of this requirement is an unlawful trade
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that a violation of this requirement is an unlawful trade
practice under Chapter 19 of Title 8, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) CONSUMER. The individual who uses a a customized
wheelchair in his or her residence, regardless of whether the
purchase or lease of the wheelchair is funded in whole or in
part by the consumer or by private or public health insurance.
(2) CUSTOMIZED WHEELCHAIR. A manual or motorized
wheelchair that is individually configured for the consumer
with specialized equipment that requires evaluation,
configuration, fitting, adjustment, programming, and long-term
maintenance and repair services.
(3) REPAIR PROVIDER. An authorized repair provider or
an independent repair provider, both as defined in Section 5
of this act, that repairs customized wheelchairs and that may
or may not be a home medical services provider subject to
Chapter 14C of Title 34, Code of Alabama 1975.
(b)(1) A repair provider shall make timely repair of a
customized wheelchair according to the requirements of this
subsection.
(2) Upon request, a repair provider shall make timely
repair of a customized wheelchair at the consumer's residence
if the consumer attests that he or she is unable to have the
wheelchair delivered to the repair provider's place of
business.
(3) A repair provider shall maintain and advertise an
electronic mail address and a phone number so that a consumer
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electronic mail address and a phone number so that a consumer
may request a repair.
(4)a. A repair provider fails to make timely repair of
a customized wheelchair for any of the following reasons:
1. Failure to respond to a consumer who requests
assessment or repair no later than the end of the first full
business day after the consumer makes the request.
2. If the wheelchair is delivered to the repair
provider's place of business, failure to assess and identify
the repairs necessary no later than the end of the first full
business day after delivery.
3. If the consumer is unable to have the wheelchair
delivered to the repair provider's place of business, failure
to assess and identify the repairs necessary no later than the
end of the third full business day after submission of the
request for assessment or repair by the consumer.
4. If the repair may be covered by private or public
health insurance, failure to submit a request for prior
authorization within one business day of identifying the
necessary repairs.
5. Failure to order the parts required for repair no
later than three business days after: (i) assessing the need
for repair; and if required, (ii) receiving prior
authorization from private or publicly funded health
insurance.
6. Failure to repair the wheelchair no later than three
business days after receiving the parts ordered.
b. A repair provider makes timely repair of a
customized wheelchair in any of the following circumstances:
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customized wheelchair in any of the following circumstances:
1. The repair provider completes necessary repair of
the wheelchair no later than 10 business days after the
original request is submitted, even if the repair provided
fails to comply with any requirement described in paragraph a.
2. The necessary repair is completed more than 10
business days after the original request is submitted because:
(i) The consumer fails to make the wheelchair available
for assessment or repair by missing an agreed upon appointment
with the repair provider for an assessment or repair at the
consumer's home or the repair provider's place of business; or
(ii) Shipment of the parts necessary for repair are
ordered but not received, or through no fault of the repair
provider, the shipment omits necessary parts or contains the
wrong parts; or
(iii) Any other reason that is beyond the control of
the repair provider, including a delay in receiving prior
authorization from private or public health insurance.
c. If a consumer is required to use a repair provider
that is designated by private or publicly funded insurance,
the requirements in paragraphs a. and b. shall become
operative when the consumer initiates communication with the
repair provider designated by the insurer.
(c)(1) On and after October 1, 2026, the Board of Home
Medical Equipment shall conspicuously post on its website an
electronic mail address and phone number to receive complaints
about a repair provider that is also a home medical services
provider regarding failure to make timely repair of a
customized wheelchair.
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customized wheelchair.
(2) Upon receiving a complaint pursuant to this
subsection, the board may investigate a repair provider that
is also a home medical services provider for cause pursuant to
Section 34-14C-4, Code of Alabama 1975.
Section 2. Section 34-14C-6, Code of Alabama 1975, is
amended to read as follows:
"§34-14C-6
(a) The board may deny, suspend, or revoke a license as
provided in this section.
(b) A license may not be denied, suspended, or revoked
except by majority vote of the board and with prior notice and
opportunity for hearing in accordance with this chapter and
the Alabama Administrative Procedure Act.
(c) The board may institute a hearing for denial,
suspension, or revocation of a license , or any person may file
a written complaint with the board seeking the denial,
suspension, or revocation of an application for licensure or
license issued by the board or the investigation of any
unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the
board.
(d) A copy of the charges, including notice of the time
and place of hearing, shall be served by certified mail,
return receipt requested, at least 21 days before the
scheduled hearing date to the most recent address of the
applicant or licensee on file with the board, or to the last
known address of any unlicensed person individual or entity
providing home medical equipment services. If the notice and
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providing home medical equipment services. If the notice and
opportunity for hearing is refused or the return receipt has
not been received by the board within 10 days before the
scheduled hearing, the applicant, licensee, or unlicensed
person individual or entity may be served by mailing the
charges and notice by first class mail, at least seven days
before the hearing date, to the most recent address on file
with the board , or to the last known address of the unlicensed
person individual or entity providing home medical equipment
services.
(e) The board may invoke disciplinary action as
outlined in subsection (f) whenever it is established to the
satisfaction of the board, after a hearing held in accordance
with this chapter and the Alabama Administrative Procedure
Act, that any person is guilty of any of the following acts:
(1) Violation of this chapter or a rule of the board.
(2) Making a material misrepresentation in furnishing
information to the board.
(3) Making a misrepresentation to obtain licensure or
to otherwise violate this chapter.
(4) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of the
United States, or any state or territory of the United States,
or to any crime that is a misdemeanor, if an essential element
of the crime is dishonesty or is directly related to providing
home medical equipment services.
(5) Gross negligence or gross misconduct in providing
home medical equipment services.
(6) Aiding, assisting, or willingly permitting another
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(6) Aiding, assisting, or willingly permitting another
person to violate any provision of this chapter or rule of the
board.
(7) Failing, within 30 days, to provide information in
response to a written request of the board.
(8) Failing to cooperate with an inspection or with an
investigation conducted by the board.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Denial, revocation, suspension, or restriction of
a license in another state or jurisdiction to provide home
medical equipment services for a reason other than failure to
renew the license.
(11) Directly or indirectly giving to or receiving from
any person , partnership, corporation, or other legal entity
any fee, commission, rebate, or other form of compensation for
services not actually or personally rendered.
(12) A finding that a licensee on probationary status
has violated the terms of the probation.
(13) Willfully making or filing false records, reports,
or billings in the course of providing home medical equipment
services including, but not limited to, false records,
reports, or billings filed with state or federal agencies or
departments.
(14) The use of any words, abbreviations, figures, or
letters with the intention of indicating practice as a home
medical equipment services provider without having first
obtained a license from the board.
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obtained a license from the board.
(15) Failure to comply with state or federal laws ,
rules, and regulations concerning home medical equipment
services providers.
(16) Solicitation of home medical equipment services
using false or misleading advertising.
(17) Failure to display a license in accordance with
this chapter.
(18) Failure to report a change of name, address,
control, ownership, or administration to the board within 30
days after the date of change.
(19) Repeated failure to make timely repair of a
wheelchair as described in Section 1(b) of the act amending
this section.
(f) When the board finds any person guilty of any of
the grounds set forth in subsection (e), the board may enter
an order imposing one or more of the following penalties:
(l) A letter of reprimand.
(2) Imposition of probation for a period of time and
subject to such conditions as may be prescribed by the board.
(3) Denial of an application for an initial or renewal
license.
(4) Suspension of a license for a period of time
established by the board, with or without automatic
reinstatement.
(5) Revocation of a license.
(6) Payment of restitution to each consumer negatively
affected by the prohibited act. Proof of such restitution
shall be a signed and notarized release executed by the
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shall be a signed and notarized release executed by the
consumer or the estate of the consumer.
(7) Assessment of the costs of the disciplinary
proceedings.
(g) Failure to comply with any final order of the board
is also cause for suspension or revocation of a license. The
board may suspend or revoke any license whichthat has been
issued based on false or fraudulent representations.
(h) The board may informally resolve any alleged
violation of this chapter or rule of the board by stipulation,
agreed settlement, or consent order, in lieu of an
administrative hearing.
(i) Any entity or person individual found to be
providing home medical equipment services without a license as
required by this chapter shall be subject to an administrative
fine of up to one thousand dollars ($1,000) per day that
services were provided without a license. Funds collected
pursuant to this chapter shall be allocated to the
administration of the program.
(j) Any entity or person individual found to be
providing home medical equipment services without a license as
required by this chapter may be administratively enjoined by
the board from providing services until such time as the
entity or person complies with this chapter.
(k) In addition to any other disciplinary action
authorized by this chapter, the board may levy and collect
administrative fines for violations of this chapter or the
rules or standards of the board in an amount of up to one
thousand dollars ($1,000) for each violation.
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thousand dollars ($1,000) for each violation.
(l) Any person individual or entity violating this
chapter, upon conviction, shall be guilty of a Class A
misdemeanor, and subject to fine or imprisonment, or both.
(m) Any entity or person individual subject to the
penalties prescribed by subsections (i) and (j) may pursue an
appeal through the board according to rules promulgated adopted
by the board.
(n) Any hearings related to matters before the board
shall be conducted in Montgomery County.
(o) In addition to any other penalty or disciplinary
action authorized by this chapter, the board may seek an
injunction against any person individual or entity found in
violation of this chapter. In an action for an injunction, the
board may demand and recover a civil penalty of fifty dollars
($50) per day for each violation, reasonable attorney fees,
and court costs. No civil penalty shall be awarded to the
board if an administrative fine is assessed pursuant to
subsection (i).
(p) Upon the revocation or suspension of a license, the
licensee shall immediately surrender the license to the board,
and if the licensee fails to do so, the board may seize the
license.
(q) Any person aggrieved by an adverse action of the
board may appeal the action to the Circuit Court of Montgomery
County in accordance with the Alabama Administrative Procedure
Act."
Section 3. (a) As used in this section, the following
words have the following meanings:
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words have the following meanings:
(1) AGENCY. The Alabama Medicaid Agency.
(2) COMMISSIONER. The Commissioner of the Alabama
Medicaid Agency.
(3) CUSTOMIZED WHEELCHAIR. As defined in Section 1 of
this act for a Medicaid recipient with a disability who is
unable to achieve maximum mobility with a standard wheelchair.
(4) REPAIR PROVIDER. As defined in Section 1 of this
act.
(5) STANDARD WHEELCHAIR. A manual or motorized
wheelchair that is not individually configured for a consumer.
(6) TIMELY REPAIR. As described in Section 1(b) of this
act.
(b) A customized wheelchair shall be covered under
Medicaid only if it is medically necessary and a standard
wheelchair does not meet the recipient's needs as determined
by the agency.
(c)(1) The commissioner shall not require a new
prescription or prior authorization for the repair of a
customized wheelchair unless the original prescription or
authorization for the customized wheelchair is more than: (i)
five years old in the case of a Medicaid recipient who is
under 21 years of age; or (ii) seven years old in the case of
a Medicaid recipient who is 21 years of age or older.
(2) The commissioner shall grant prior authorization to
the replacement of a customized wheelchair only upon a
determination that repair of the wheelchair would not
adequately meet the needs of the recipient.
(d) No later than September 30, 2027, and annually
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(d) No later than September 30, 2027, and annually
thereafter, a repair provider that contracts with the agency
shall submit a report concerning timely repair to the
commissioner that includes for each repair request all of the
following information:
(1) The number of days to initially respond to the
request.
(2) The number of days to conduct a repair assessment.
(3) Whether the repair assessment was made at the
recipient's residence, the repair facility, remotely, or
another location.
(4) If prior authorization to make the repair was
necessary, the number of days to receive the agency
determination.
(5) The number of days from the repair assessment to
order a replacement part.
(6) The number of days from the repair assessment to
complete repair of the wheelchair, including the number of
days to receive any replacement part ordered.
(7) Whether the repair was completed at the recipient's
residence, the repair facility, or another location.
(e) The commissioner shall seek any federal approval
necessary, including amendment of the state Medicaid plan or
application for a waiver, to implement this section.
(f) The commissioner shall adopt rules to implement
this section.
Section 4. (a) As used in this section, the following
words have the following meanings:
(1) CUSTOMIZED WHEELCHAIR. As defined in Section 1 of
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(1) CUSTOMIZED WHEELCHAIR. As defined in Section 1 of
this act.
(2) HEALTH BENEFIT PLAN. a. Any plan, policy, or
contract issued, delivered, or renewed in this state that
provides health coverage that includes payment for
hospitalization, physician care, treatment, surgery, therapy,
drugs, equipment, and any other medical expense, regardless of
the following:
1. Whether the plan, policy, or contract is provided by
a health care insurer, health maintenance organization
established under Chapter 21A of Title 27, Code of Alabama
1975, health care services plan established under Chapter 20
of Title 10A, Code of Alabama 1975, or any other entity that
pays for, purchases, or reimburses for health care services.
2. Whether the plan is for a group or an individual.
b. The term does not include accident-only, specified
disease, individual hospital indemnity, credit, dental-only,
Medicare supplement, long-term care, disability income, or
other limited benefit health insurance policies, or coverage
issued as supplemental to liability insurance, workers'
compensation, or automobile medical payment insurance.
(b) Every health benefit plan issued, delivered, or
renewed on and after January 1, 2026, may not require a new
prescription or prior authorization for the repair or
replacement of a customized wheelchair unless the original
prescription is more than five years old.
Section 5. (a) For the purposes of this section, the
following terms have the following meanings:
(1) AUTHORIZED REPAIR PROVIDER. A person to whom an
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(1) AUTHORIZED REPAIR PROVIDER. A person to whom an
original manufacturer grants a license to use a trade name,
service mark, or other proprietary identifier for the purpose
of maintaining or repairing motorized wheelchairs on behalf of
the original manufacturer. If the original manufacturer, in
addition to selling, leasing, or supplying motorized
wheelchairs, also directly performs maintenance and repair,
the original manufacturer is the authorized repair provider.
(2) CONSUMER. An individual who owns or leases a
motorized wheelchair.
(3) DOCUMENTATION. Any manual, diagram, reporting
output, service code description, schematic diagram, security
code, password, other guidance, or information necessary to
maintain or repair a motorized wheelchair.
(4) INDEPENDENT REPAIR PROVIDER. A person that is
unaffiliated with an original manufacturer and engages in the
maintenance or repair of motorized wheelchairs.
(5) MAINTENANCE OR REPAIR. Services required to
preserve the reliable performance of a motorized wheelchair;
prevent malfunction or degradation due to use; correct a
malfunction, including the diagnosis of a problem; remedy
damage; or perform any other task required to restore a
wheelchair to optimal functionality, including any product
updates.
(6) ORIGINAL MANUFACTURER. A person that sells, leases,
or supplies new motorized wheelchairs that are also
manufactured by or on behalf of the person.
(7) PART. Any replacement part, whether new or used,
provided by an original manufacturer for the purpose of
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provided by an original manufacturer for the purpose of
maintaining or repairing a motorized wheelchair.
(8) TOOLS. Any software, hardware, or other apparatus
used for the maintenance or repair of a motorized wheelchair,
including software or another mechanism to program a new part,
calibrate functionality, or perform any other function
required.
(b)(1) An original manufacturer shall make available,
directly or through an authorized repair provider and in
compliance with the terms required in subsection (c), any
documentation, parts, or tools required for the maintenance or
repair of a motorized wheelchair to the consumer or an
independent repair provider.
(2) The duty described in subdivision (1) includes,
with respect to an electronic security lock or other
security-related function, the provision of any documentation,
tools, or parts required to access and reset the lock or
function when disabled during the maintenance or repair of a
motorized wheelchair.
(3) The required documentation, parts, or tools may be
provided to a consumer or independent repair provider through
an appropriate secure release system.
(c) An original manufacturer shall fulfill the duty
imposed in subsection (b) in good faith, which means in
accordance with the minimum terms required in this subsection.
(1) Documentation shall be provided at no charge except
for the actual cost of preparing and sending a physical copy.
(2) Parts shall be provided on the same terms as would
apply to an authorized repair provider, including all of the
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apply to an authorized repair provider, including all of the
following:
a. Costs and terms equivalent to those that apply to an
authorized repair provider, including any adjustments due to
discount or rebate.
b. Convenient and timely means of delivery.
c. Parts identical to those available to an authorized
repair provider to enable maintenance or repair that is at the
current level of fully restored or updated functionality,
including rights of use or other incentives or preferences
given to an authorized repair provider.
d. No obligation or restriction that is not imposed on
an authorized repair provider.
e. Without obligation to enter into a standing
arrangement or contract with the original equipment
manufacturer.
(3) Tools shall be provided subject to the following
conditions:
a. At no charge, except for the actual cost of
preparing and sending a tool in physical form.
b. No additional authorization required to use or
operate the tool.
c. No additional impediment to access or use the tool
or to enable full functionality of digital electronic
equipment.
d. With sufficient instructions that a reasonable
repair provider may use a tool to immediately perform
maintenance or repair with little or no independent research
on the Internet or other public sources.
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on the Internet or other public sources.
(d) In complying with this section, an original
manufacturer shall not be required to divulge any trade secret
to a consumer or independent repair provider.
(e) This section shall have no effect on the terms of
an arrangement or contract between an original manufacturer
and an authorized repair provider which includes, but is not
limited to, maintenance or repair work by an authorized repair
provider pursuant to a warranty or a recall, except that any
term of the arrangement or contract that waives, avoids,
restricts, limits, or interferes with the original
manufacturer's duty to comply with this section shall be void.
(f) An original manufacturer or authorized repair
provider shall not be liable for any damage to, or malfunction
of, a motorized wheelchair which results from the use of
documentation, parts, or tools provided pursuant to this
section to a consumer or an independent repair provider.
(g) A failure to comply with this section shall be an
unlawful trade practice under Chapter 19, Title 8, Code of
Alabama 1975, subject to enforcement by the Attorney General
pursuant to Section 8-19-4, Code of Alabama 1975, or an action
by a consumer or independent repair provider pursuant to
Section 8-19-10, Code of Alabama 1975.
Section 6. This act shall become effective on October
1, 2026.
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