Illinois General Assembly - Bill Status for HB3677

Creates the Complex Wheelchair Right to Repair Act. Provides that, for complex wheelchairs and parts for complex wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing complex wheelchairs, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of complex wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of complex wheelchairs. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Illinois Insurance Code. Prohibits a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2026 from requiring a qualified complex rehabilitation technology supplier to obtain any form of prior authorization or any medical documentation to complete repairs for consumer-owned complex rehab technology. Requires coverage for time and labor expenses; travel allowance; and maintenance and repair of a consumer's backup power wheelchair or a rental wheelchair. Provides coverage for preventive maintenance. Amends various Acts to require coverage under those provisions. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective January 1, 2026.

Replaces everything after the enacting clause. Creates the Complex Rehabilitation Technology Act. Provides that a person who sells or offers for sale complex rehabilitation technology in the State shall meet certain requirements. Requires a supplier of complex wheelchairs, except in certain specified circumstances, to offer service and repairs to the consumer of a complex wheelchair for the useful life expectancy of the complex wheelchair. Provides that an original equipment manufacturer may redact documentation to remove trade secrets from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished. Allows an original equipment manufacturer to withhold information regarding a component of, design of, functionality of, or process of developing a part, embedded software, firmware, or a tool, if the information is a trade secret and the usability of the part, embedded software, firmware, or tool for the purpose of providing services is not diminished. Specifies that a violation of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Specifies that the Act applies with respect to complex wheelchairs sold or in use on or after the effective date of the Act. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2027 and that provides coverage for complex rehabilitation technology shall not require prior authorization, medical documentation, or proof of continued need to complete medically necessary repairs for consumer-owned complex rehabilitation technology unless certain conditions exist. Provides that a Medicaid managed care plan amended, delivered, issued, or renewed on or after January 1, 2027 and that provides coverage for complex rehabilitation technology shall not require prior authorization, medical documentation or proof of continued need to complete medically necessary repairs for consumer-owned complex rehabilitation technology under the total value of $1,500. Requires acceptance or denial of repairs over $1,500 to be made within 7 days of request of preauthorization. Requires a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2027 and that provides coverage for a complex rehabilitation technology to provide coverage for rented complex rehabilitation technology during the time the primary complex rehabilitation technology is under repair. Makes conforming changes to the State Employees Group Insurance Act, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code. Effective January 1, 2026.

×