Pre-filed bill would require timely wheelchair repairs

An Alabama legislator has pre-filed a bill to create “provisions in existing law governing the repair of wheelchairs.” 

Rep. Adline Clarke, D-Mobile, sponsored HB75, which includes a provision that would give the Board of Home Medical Equipment authority to discipline authorized wheelchair dealers who don’t comply with the proposed repair timeline. 

Authorized wheelchair dealers will also be asked to maintain and advertise an electronic mail address and a phone number so that a consumer may request a repair. Dealers are to respond to a request for wheelchair repair no later than one day after the request, order parts for a repair no later than three days after assessing the need for the repair or assessing the need for repair or “after receiving prior authorization from private or publicly funded health insurance.”

The bill defines a timely repair as complete within 10 days. This provision does not count if the consumer fails to make the wheelchair available for repair, the prior authorization required from private or public health insurance hasn’t been received or the necessary parts for the have not been received.

After the bill takes effect, the board will post an electronic mail address and phone number on its website to receive complaints regarding timely repair issues. It also adds the caveat that the board may deny, suspend or revoke a license if the licensee repeatedly fails to make timely wheelchair repairs. 

Licenses are revoked by a majority vote of the board and with prior notice and opportunity for hearing according to this chapter and the Alabama Administrative Procedure Act. Licensees might also face restitution payments to each consumer that are negatively affected.

Customized wheelchairs will be covered under Medicaid when medically necessary. Medically necessary is defined as when a standard wheelchair does not meet the needs of the user, as determined by The Alabama Medicaid Agency.

The commissioner would not require a new prescription or authorization for the medically necessary repair of a customized wheelchair unless the original prescription or authorization for the customized wheelchair is more than five years old in the case of a Medicaid recipient who is under 21 or seven years old in the case of a Medicaid recipient who is 21 or older.

If the bill passes, an authorized wheelchair dealer that contracts with the Medicaid Agency to sell or lease wheelchairs to Medicaid recipients would be required to submit a report annually that details the time it took to process requests and complete repairs. Dealers will also be asked to report where the assessments were made and completed. 

The bill was referred to the House Committee on Health, and the 2025 legislative session is set to convene on Feb. 4