The Tennessee House of Representatives and Senate have unanimously passed bills defining maintenance and repair policies for Complex Rehab Technology (CRT) wheelchairs.
In an April 25 bulletin, the American Association for Homecare (AAHomecare) said that the passage of HB 2147 clears the way for Gov. Bill Lee to sign the measure into law. The Tennessee Senate passed its version of the bill, SB 2368, on April 8.
Tennessee Medicaid to pay for preventive maintenance
Tennessee becomes the first state to require its Medicaid program to reimburse for CRT preventive maintenance. Tenncare, the state’s Medicaid program, must “cover and pay for preventative maintenance on CRT wheelchairs at least once per year,” AAHomecare said. “A flat reimbursement rate for that service is expected to be established in the coming months.”
AAHomecare said the legislation also ensures consumers the right to purchase certain CRT replacement parts from manufacturers to perform repairs themselves; and includes a “service what you sell” rule for CRT providers. The legislation 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.” Maintenance includes assessing “the physical condition of the Complex Rehabilitation Technology” and “any medically necessary repairs that the authorized technician is able to complete.”
The bills describe “repair” 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 Complex Rehabilitation Technology.”
Tennessee CRT providers must service what they sell
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 that the payer is unwilling to cover, and the consumer refuses to pay for the repair; or the consumer “poses a potential threat to the health and safety of the supplier.”
Consumers with power chairs can make repairs themselves or have repairs performed by an independent provider. 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.
Manufacturers won’t be held 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.”
“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.”
