A 8740: Enacts "Killian's law"; establishes a timely repair for wheelchair program; extends the warranty period for wheelchairs to 2 years; deems all wheelchair repairs needed within 5 years of initial prescription medically necessary.

  
  STATE OF NEW YORK ________________________________________________________________________ 8740 2025-2026 Regular Sessions  IN ASSEMBLY June 2, 2025 ___________ Introduced by M. of A. GALLAGHER -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law and the social services law, in relation to enacting "Killian's law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Killian's law". 3 § 2. Article 32 of the general business law, as amended by chapter 219 4 of the laws of 2006, is renumbered article 32-A, and section 670, as 5 amended by chapter 219 of the laws of 2006, is renumbered section 676. 6 § 3. The general business law is amended by adding a new section 677 7 to read as follows: 8 § 677. Timely repair of wheelchairs. 1. No later than one year after 9 the effective date of this section, and after consultation with the 10 deputy secretary for human services and mental hygiene, the office of 11 the chief disability officer shall establish a "timely repair for wheel- 12 chair program" under which wheelchair manufacturers and authorized 13 wheelchair dealers or wheelchair lessors shall be held accountable for 14 wheelchair repairs requested by wheelchair owners as provided in this 15 section. 16 2. The chief disability officer shall require all wheelchair repairs 17 in the state to be completed within ten days of a request for such 18 repair. Such ten-day period shall start on the first business day 19 following the date of the request, provided that such wheelchair owner 20 permits a wheelchair manufacturer, authorized wheelchair dealer or 21 wheelchair lessor to access the device by either delivery to the custody 22 of such wheelchair manufacturer, authorized wheelchair dealer or wheel- 23 chair lessor, or alternatively, to the identified agent or other repre- 24 sentative. This election by the wheelchair owner can include at their EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08338-04-5 
 A. 8740 2 1 personal home, the home of a specified friend, a school, a dayhab 2 program, place of employment, or medical facility. 3 3. During the repair process, if any condition or defect renders a 4 wheelchair out of service for a total of thirty days or longer, the 5 owner of such wheelchair shall be entitled to receive a temporary wheel- 6 chair from the manufacturer of such owner's wheelchair for use until 7 such wheelchair owner's wheelchair is repaired and returned. 8 4. A wheelchair manufacturer, authorized wheelchair dealer or wheel- 9 chair lessor shall maintain an electronic mail address and a phone line 10 that is dedicated solely to receiving wheelchair repair requests. Such 11 electronic mail address and phone line shall be accessible each day and 12 capable of receiving and recording messages. Authorized wheelchair deal- 13 ers shall: (a) respond to a request for wheelchair repair no later than 14 one business day after the date such request was made; and (b) order 15 parts necessary for a wheelchair repair no later than three business 16 days after assessing the need for such repair. 17 5. The office of the chief disability officer shall maintain a phone 18 number and electronic mail address to be posted conspicuously on its 19 website, to receive and record complaints regarding timely wheelchair 20 repairs. No later than January first, two thousand twenty-six, and annu- 21 ally thereafter, the chief disability officer shall submit a report to 22 the governor and the legislature regarding any complaints received and 23 recorded pursuant to this subdivision. Such report shall be published 24 on the website of the office of the chief disability officer and visible 25 to the general public. 26 6. (a) No later than December thirty-first, two thousand twenty-seven, 27 and annually thereafter, an authorized wheelchair dealer that contracts 28 with the state to sell or lease wheelchairs to Medicaid recipients shall 29 submit a report to the office of the chief disability officer regarding 30 repair of such wheelchairs. Such report shall include, but not be limit- 31 ed to, minimum, maximum and average times from the date and time of a 32 wheelchair repair request for such authorized wheelchair dealer to: (i) 33 respond; (ii) conduct a repair assessment (1) in the home or other 34 community location, (2) remotely, or (3) at a repair facility; (iii) 35 request any necessary prior authorization from the department of social 36 services and receive a decision from the department of social services 37 on such request; (iv) order any wheelchair parts needed; (v) receive 38 delivery of any needed repair parts; and (vi) complete repairs (1) in 39 the home or other community location, (2) remotely, or (3) at a repair 40 facility. 41 (b) The office of the chief disability officer shall make the report 42 submitted under paragraph (a) of this subdivision available to the 43 public within sixty days of receiving it. 44 7. The chief disability officer, in conjunction with the attorney 45 general's office, shall promulgate rules, regulations, reporting 46 requirements, and penalties necessary to establish the timely repair for 47 wheelchair program and implement the provisions of this section. 48 § 4. The social services law is amended by adding a new section 367-j 49 to read as follows: 50 § 367-j. Reimbursement and billing procedures for wheelchairs. 1. The 51 commissioner shall maintain specific reimbursement and billing proce- 52 dures under this title for the evaluation, diagnosis and repair of 53 wheelchairs, to ensure that Medicaid payments for such service permit 54 adequate access to such products and services for complex needs of 55 patients and take into account the significant resources, infrastruc- 
 A. 8740 3 1 ture, and staff needed to make such evaluation, diagnosis and repair of 2 wheelchairs. 3 2. The commissioner shall monitor the addition of new billing codes 4 for the evaluation, diagnosis and repair of wheelchairs by the Medicare 5 program and shall expeditiously incorporate such codes under this 6 section. 7 3. Where reimbursement rates are determined by a managed care organ- 8 ization, such rates shall be determined consistent with this subdivi- 9 sion. The commissioner of social services may establish minimum bench- 10 mark reimbursement rates to be paid by managed care organizations under 11 this paragraph. 12 4. For the purposes of this section, the term "wheelchair" means a 13 manual or motorized wheeled device designed for use by a person with a 14 physical disability, and shall apply to such devices whether owned or 15 leased. 16 § 5. Paragraph a and subparagraphs 1 and 2 of paragraph b of subdivi- 17 sion 2 and paragraph a of subdivision 3 of section 676 of the general 18 business law, as amended by chapter 219 of the laws of 2006 and such 19 section as renumbered by section two of this act, are amended to read as 20 follows: 21 a. A manufacturer who sells a wheelchair to a consumer, either direct- 22 ly or through a wheelchair dealer, shall furnish the consumer with an 23 express warranty for the wheelchair. The duration of the express warran- 24 ty shall be not less than [one year] two years after first delivery of 25 the wheelchair to the consumer. In the absence of an express warranty 26 from the manufacturer, the manufacturer shall be deemed to have express- 27 ly warranted to the consumer of a wheelchair that, for a period of [one 28 year] two years from the date of first delivery to the consumer, the 29 wheelchair will be free from any condition or defect which substantially 30 impairs the value of the wheelchair to the consumer. 31 (1) By law, the manufacturer shall be deemed to have provided to you, 32 the purchaser of a wheelchair, a [one] two year warranty which starts on 33 the date of first delivery to you. This warranty provides that the 34 wheelchair will be free from any condition or defect that substantially 35 impairs its use, value or safety. 36 (2) To ensure you receive the benefits of this warranty, you must 37 report any problems and make the wheelchair available to the manufactur- 38 er, authorized wheelchair dealer or wheelchair lessor for repair before 39 [one year] two years after first delivery. 40 a. If a new wheelchair does not conform to an applicable express 41 warranty and the consumer reports the nonconformity to the manufacturer, 42 the wheelchair lessor or any of the manufacturer's authorized wheelchair 43 dealers and makes the wheelchair available for repair before [one year] 44 two years after first delivery of the wheelchair to a consumer, the 45 nonconformity shall be repaired at no charge to the consumer. 46 § 6. The general business law is amended by adding a new section 678 47 to read as follows: 48 § 678. Medically necessary wheelchair repairs. 1. Notwithstanding any 49 other provision of law, any wheelchair repair that is needed within five 50 years of the initial prescription shall be deemed medically necessary 51 and shall not require a new prescription or prior authorization from 52 insurance before proceeding with repair. 53 2. The chief disability officer shall seek any federal approval neces- 54 sary, including amending the Medicaid state plan or applying for a Medi- 55 caid waiver, to implement the provisions of this section. 
 A. 8740 4 1 3. The department of financial services shall promulgate any rules 2 and/or regulations to implement the provisions of this section. 3 § 7. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date.