H.160 would require original equipment manufacturers to provide documentation, parts, and tools needed to diagnose, maintain, and repair medical equipment on fair and reasonable terms.
A bill introduced in the Vermont General Assembly could change how hospitals and independent repair organizations access the resources needed to service medical equipment. H.160, introduced by Representatives Donahue of Northfield, Priestley of Bradford, Marcotte of Coventry, and Tomlinson of Winooski, proposes to require original equipment manufacturers (OEMs) to make documentation, parts, and tools available to hospitals and independent service organizations on fair and reasonable terms.
The bill, which would take effect July 1, 2025, if enacted, covers any Food and Drug Administration (FDA)-approved powered device used in the treatment, monitoring, or diagnosis of a patient—including assistive, adaptive, and rehabilitative devices. It would apply to all medical equipment and parts sold or in use in the state on or after the effective date.
What the Bill Requires
Under H.160, OEMs would be obligated to provide independent repair providers and health care facilities with any documentation, parts, and tools required for the diagnosis, maintenance, or repair of medical equipment, as well as training courses and materials equivalent to those provided to authorized repair providers.
The bill defines “fair and reasonable terms” in specific detail. Repair documentation must be provided at no charge—though OEMs may recoup actual preparation and shipping costs when physical printed copies are requested. Tools, including software programs, service keys, hardware implements, and any mechanisms used to calibrate, provision, or restore full device functionality, must also be made available at no charge and without requiring authorization or internet access for operation. Parts must be offered at costs and terms no less favorable than those extended to the OEM’s own authorized repair providers, accounting for discounts, rebates, and delivery terms.
For equipment containing electronic security locks or other security-related functions, OEMs would additionally be required to provide the documentation, tools, and parts needed to access and reset those functions when disabled during the course of a repair—though such resources may be distributed through secure release systems.
The bill states that OEMs are not required to divulge trade secrets and that OEMs and authorized repair providers will not be held liable for damage caused by independent repair providers or health care facilities during the course of a repair.
Hospital Group Expresses Support
The Vermont Association of Hospitals and Health Systems (VAHHS) testified in support of H.160, citing cost pressures and reduced repair options as key concerns.
“Right now, our hospitals are doing everything they can to drive unnecessary costs out of the health care system, and H.160 could help,” says Devon Green, on behalf of VAHHS, in testimony before the committee.
Green described a pattern in which manufacturers restrict access to servicers by refusing to sell certain parts, denying access to service documentation, and locking devices with software — practices that VAHHS says limit hospital choices and drive up costs. VAHHS noted that about 11 of its member hospitals utilize the University of Vermont Technical Services Partnership, alongside third-party service organizations, to service medical equipment.
“Hospitals and their patients deserve the ability to choose the repair provider who we think is best,” Green says in testimony. “Sometimes that is the manufacturer’s authorized team. Other times, there are better, faster, more cost-efficient options for repair.”
VAHHS characterized H.160 as consistent with other right-to-repair legislation the committee has previously considered, arguing that it would end a trend that restricts choice, increases equipment downtime, and has the potential to increase costs — without preventing manufacturers from continuing to service their own equipment.
Enforcement
Under the bill, any OEM that violates the requirements would be deemed to have committed an unfair and deceptive act in trade and commerce under Vermont law. The state attorney general would be authorized to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions to enforce the statute.
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