Right-to-repair: NCART, NEMEP rally troops in NY

ALBANY, N.Y. – New York is the latest state where right-to-repair bills have popped up, prompting NCART and NEMEP to host a recent webcast to raise awareness and advocate for changes and protections. 

“We have both risks and potential opportunities,” said Wayne Grau, executive director of NCART. “We want to give you what the bills are for, what’s been happening, what we need to do about it and how you can get involved. If there’s anything I’ve learned over the years, especially since we got seat elevation passed, is we need to get everyone involved.” 

Since Colorado passed the first right-to-repair bill in 2022, NCART has been working on this issue in multiple states. At one point, Grau said, the organization was working on bills in 16 states. “This is not something new,” he said, “it’s just new to New York.” 

In New York, two bills have been introduced, S 4500 and AB 6569, that would allow consumers to order any parts, including clinical items, directly from manufacturers. NCART is working to get an amendment to the bills excluding clinical items, something it has successfully done in other states, including California, Maryland and Tennessee. 

“It’s a true right-to-repair bill,” he said. “So, it means the consumer’s going to be allowed to do and purchase whatever they want. What we’re saying is, ‘Let’s just put safeguards around those clinical components.’” 

Another repair-related bill has also been introduced in New York: S 6369, which would, among other things, increase the warranty on parts from one to two years, with no exclusions for wear-and-tear items, something Grau said is “troubling.” 

“I worked for MK Battery for a number of years,” he said. “MK has a 13-month warranty for batteries. You want me to build a two-year battery? I could probably do it, but it’s going to be bigger and it’s going to be more expensive. (There’s going to be) a major issue with that.” 

S 6369 would also require that providers complete repairs in 10 days, have a dedicated email and phone line for repairs, and provide a semi-annual report with specific metrics. Additionally, it would eliminate prior authorizations, which would go a long way toward helping providers meet the 10-day deadline, but Grau fears managed care organizations will successfully fight to keep them in place. 

“Guess what, now we’re hit with these deadlines and (because it takes so long to get a prior authorization), you’re already out of compliance,” he said. “So, something good could turn into something really bad. We don’t know.” 

In addition to working with the sponsors of the bills directly, NCART and NEMEP are working with NEMEP’s lobbyist to “get in front of the right people,” Grau said, to influence the makeup and trajectory of the bills. 

“The good thing is we’re battle tested,” he said. “We’ve been fighting this in a lot of other states. I can’t make any guarantees. What I can tell you is, if we don’t all get involved, it’s a lot harder to get it done.” 

• Related: Repair issues at ‘overflow point’ & stakeholders secure reform in Tennessee.