Amendments	Fiscal Memos
HA0877	Amendment 1-0 to HB2147

	Amendments	Fiscal Memos
SA0871	Amendment 1-1 to SB2368

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

ON APRIL 8, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2368, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, enact the wheelchair repair laws described below.

WHEELCHAIR REPAIR

This amendment requires an authorized complex rehabilitation technology supplier to repair a complex rehabilitation technology wheelchair or manual wheelchair that the supplier sold to the consumer unless (i) the consumer has moved outside of the original supplier's service area; (ii) the repair is needed as the result of damage caused by consumer abuse or misuse of the complex rehabilitation technology that restricts the consumer's health insurance coverage, and the consumer refuses to pay for the repair; or (iii) the consumer, or the consumer's representative, poses a potential threat to the health and safety of the supplier.

For purposes of providing services for equipment in this state, this amendment requires an original equipment manufacturer to, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any manufacturer documentation or tool that is intended for use with the equipment or any part described in (1)-(11) below, including updates to documentation, parts, or tools.

With respect to any equipment or part described in (1)-(11) below that contains an electronic security lock or other security-related function, this amendment requires an original equipment manufacturer to, with fair and reasonable terms and costs, make available to an independent repair provider or owner manufacturer documentation, part, or tool needed to reset the lock or function of the equipment when disabled in the course of providing services. The manufacturer may make the documentation, parts, or tools available to an independent repair provider or owner through appropriate secure release systems.

This amendment authorizes a consumer who owns a power wheelchair to choose to self-repair the power wheelchair or have repairs performed by an independent repair provider. This applies to the following items:

(1) Batteries;

(2) Battery chargers;

(3) Nonprogrammable joysticks;

(4) Joystick housings or brackets;

(5) Wheel assembly;

(6) Nonpositioning accessories;

(7) Anti-tip devices;

(8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional;

(9) Caster spheres;

(10) Cosmetic shrouding; and

(11) Nonpower leg lowerers.

This amendment authorizes a consumer who owns a manual wheelchair to choose to self-repair the manual wheelchair or have repairs performed by an independent repair provider. This applies to all repairs, except those that require clinical involvement.

This amendment 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. This amendment does not apply to a repair by an independent repair provider that would require programmability or clinical involvement to ensure appropriate patient seating and positioning.

This amendment provides that an original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by an independent repair provider or owner, including faulty or otherwise improper repairs that cause: (i) damage to the power wheelchair that occurs during the repair; (ii) indirect, incidental, special, or consequential damage; or (iii) an inability to use, or a reduced functionality of, a power wheelchair resulting from the repair.

This amendment requires the department of commerce and insurance to develop an attestation statement that the authorized complex rehabilitation technology supplier must submit affirming compliance with the applicable repair and service requirements of this amendment.

This amendment authorizes an authorized complex rehabilitation technology supplier to offer preventative maintenance visits at the supplier's discretion, and such maintenance visits may be performed when the supplier is repairing the equipment for an unrelated issue.

INSURANCE COVERAGE

This amendment requires a policy, certificate, or agreement for health insurance coverage issued under the TennCare program to provide coverage and reimbursement for: (i) medically necessary repairs provided by authorized complex rehabilitation technology equipment suppliers; and (ii) at least one preventative maintenance visit per year provided by authorized complex rehabilitation technology equipment suppliers, including appropriate reimbursement for services rendered during the preventative maintenance, parts, labor, diagnostic and evaluation time, and other related costs. A TennCare program enrollee must be informed of the coverage required under this amendment at the time of initial enrollment and when a current enrollee renews a policy, certificate, or agreement for health insurance coverage under the TennCare program.

This amendment requires a policy, certificate, or agreement for health insurance coverage issued in this state under the TennCare program to: (i) not require medical documentation or proof of continued need for a repair or preventative maintenance of a complex rehabilitation technology; and (ii) consistent with federal law and regulations, provide coverage for telehealth visits for complex rehabilitation technology. However, this does not prohibit a policy issued under the TennCare program from requiring documentation needed for a medical necessity determination.

PREVENTATIVE MAINTENANCE VISIT

This amendment authorizes a preventative maintenance visit to be performed at any location agreed upon by the enrollee and the authorized complex rehabilitation technology supplier and is not required to be performed at the enrollee's location. Preventative maintenance 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 standalone appointment or event. The authorized complex rehabilitation technology supplier must document and maintain all records of preventative maintenance services performed pursuant to law.