SB 271 — Powered wheelchairs: repair.

Summary

Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. Among other things, existing law prohibits a person from conducting a home medical device retail facility business in this state unless the person has obtained a license from the department and sets forth standards for operating that facility. Existing law authorizes the department to waive any licensing requirements for a home medical device retail facility when, in the opinion of the department, a high standard of patient safety, consistent with good patient care, can be provided by the licensure of a home medical device retail facility that does not meet all of the requirements for licensure. This bill would, except as specified, require an original equipment manufacturer of a powered wheelchair, as those terms are defined, to provide documentation, parts, embedded software, firmware, and tools used to inspect, diagnose, maintain, and repair the wheelchair to an owner or an independent repair provider for the purposes of providing service on the equipment in the state, on fair and reasonable terms and costs, as defined. The bill would also require an original equipment manufacturer, for a powered wheelchair that contains an electronic security lock or other security-related function, to provide any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services, as specified. The bill would require an independent repair provider to provide a written notice to a customer before providing repair services, as specified. This bill would exempt from these requirements any trade secret information, as specified. The bill would subject an original equipment manufacturer who knowingly violates, or who should have reasonably known that they violated, these provisions to specified civil penalties. The bill would, in the case of a first violation, give an original equipment manufacturer who did not knowingly violate these provisions a 3-day right to cure the violation before a civil penalty is imposed. The bill would authorize a person injured by a violation of these provisions and the Attorney General or a district attorney to bring a civil action for this purpose, as specified. If the action is brought by the Attorney General or district attorney, the bill would require the penalty to be paid to specified entities or individuals, as provided. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits. Existing law imposes requirements relating to complex rehabilitation technology services, including the repair of equipment and parts. Existing law authorizes the department to adopt utilization controls, as specified. This bill would, beginning on January 1, 2025, and until January 1, 2029, prohibit the department from requiring prior authorization for the repair of a complex rehabilitation technology powered wheelchair if the cost of the repair does not exceed $1,250. The bill would also, beginning on January 1, 2025, and until January 1, 2029, prohibit a treatment authorization request for repair or replacement of a complex rehabilitation technology powered wheelchair from requiring a prescription or documentation of medical necessity from the treating practitioner for repairs or replacement if the complex rehabilitation technology powered wheelchair has already been approved for use by the patient, as specified.

Bill Text

• Enrolled 09/18/23 - Enrolled Current pdf September 18, 2023
• Amended 09/08/23 - Amended Assembly pdf September 08, 2023
• Amended 09/01/23 - Amended Assembly pdf September 01, 2023
• Amended 07/10/23 - Amended Assembly pdf July 10, 2023
• Amended 06/19/23 - Amended Assembly pdf June 19, 2023
• Amended 04/12/23 - Amended Senate pdf April 12, 2023
• Introduced 01/31/23 - Introduced pdf January 31, 2023
• SB271 View text html

Action History

1. January 25, 2024

   Veto sustained.

2. January 25, 2024

   Stricken from file.

3. October 07, 2023

   In Senate. Consideration of Governor's veto pending.

4. October 07, 2023

   Vetoed by the Governor.

5. September 21, 2023

   Enrolled and presented to the Governor at 4 p.m.

6. September 14, 2023

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2802.) Ordered to engrossing and enrolling.

7. September 13, 2023

   In Senate. Concurrence in Assembly amendments pending.

8. September 13, 2023

   Read third time. Passed. (Ayes 79. Noes 0. Page 3396.) Ordered to the Senate.

9. September 08, 2023

   Ordered to third reading.

10. September 08, 2023

    Read third time and amended.

11. September 05, 2023

    Read second time. Ordered to third reading.

12. September 01, 2023

    Read second time and amended. Ordered to second reading.

13. September 01, 2023

    From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).

14. August 16, 2023

    August 16 set for first hearing. Placed on suspense file.

15. July 10, 2023

    Read second time and amended. Re-referred to Com. on APPR.

16. July 06, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 5).

17. June 28, 2023

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on JUD.

18. June 19, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.

19. June 15, 2023

    Referred to Coms. on P. & C.P. and JUD.

20. May 31, 2023

    In Assembly. Read first time. Held at Desk.

21. May 30, 2023

    Read third time. Passed. (Ayes 38. Noes 0. Page 1345.) Ordered to the Assembly.

22. May 18, 2023

    Read second time. Ordered to third reading.

23. May 18, 2023

    From committee: Do pass. (Ayes 6. Noes 1. Page 1163.) (May 18).

24. May 12, 2023

    Set for hearing May 18.

25. May 08, 2023

    May 8 hearing: Placed on APPR suspense file.

26. May 01, 2023

    Set for hearing May 8.

27. April 26, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 892.) (April 25). Re-referred to Com. on APPR.

28. April 18, 2023

    Set for hearing April 25.

29. April 17, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0. Page 746.) (April 17). Re-referred to Com. on JUD.

30. April 12, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E. D.

31. March 06, 2023

    Set for hearing April 17.

32. February 09, 2023

    Referred to Coms. on B., P. & E. D. and JUD.

33. February 01, 2023

    From printer. May be acted upon on or after March 3.

34. January 31, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Dodd · Primary
• Eggman · Cosponsor

Votes

Subjects