BILL NUMBER:  S7279

 TITLE OF BILL :

An act to amend the public service law, in relation to the notice
requirements pertaining to residential utility service to residential
health care facilities, adult care facilities and assisted living
residences


 PURPOSE :

This bill would require that the State Long Term Care Ombudsman (State
Ombudsman) be provided with a copy of the notice that must be sent by
utility companies before discontinuing service to a multiple dwelling,
if such dwelling is a residential health care facility, adult care
facility or assisted living residence.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Public Service Law (PSL) § 33(1)(c)
to include the State Ombudsman among the officials that must be
provided with 15 days written notice before a public utility company
or municipality can discontinue gas, electric or steam service to an
entire multiple dwelling. Notice to the State Ombudsman would be
required only if such multiple dwelling is: (1) a residential health
              

care facility, as defined in Public Health Law (PHL) §2801(3); (2) an
adult care facility as defined in Social Services Law (SSL) §21(2); or
(3) an assisted living residence as defined in PHL § 4651 (1).

Section 1 of the bill would also make a conforming change to PSL
§33(1)(d) to include the State Ombudsman among the officials to whom
the written notice must be repeated between two and four days before
the discontinuance of services.

Section 2 of the bill would make the bill effective 30 days after it
is enacted.

 EXISTING LAW :

PSL § 32 permits utility corporations and municipalities to terminate
residential utility service if a person supplied with electric or gas
service to a residence fails to pay for services and is provided with
a notice of termination that contains specified information no less
than 15 days before service is to be terminated. However, service
cannot be terminated, or must be restored if terminated, to residents
who will suffer "serious impairments to health or safety" as a result
of the termination or failure to restore services when: (1) a medical
emergency exists; (2) the customers are older adults (aged 62 or
older) or persons who are blind or disabled; (3) the termination is of
heat-related services during cold weather periods; or (4) a customer
is unable, due to mental or physical problems, to manage his or her
own resources or to protect himself or herself from neglect or
hazardous situations without the assistance of others.

PSL § 33 prohibits a public utility company or municipality from
discontinuing gas, electric or steam service to an entire "multiple
dwelling," as defined in the Multiple Dwelling Law (MDL) or the
Multiple Residence Law (MRL), due to nonpayment for such service
unless the utility company or municipality has provided 15 days
written notice of the intended discontinuance. The notice must be
mailed directly to each resident of a multiple dwelling, posted in
public areas of such dwelling, and mailed to certain local officials
including the local health officer and the director of the local
social services district. In addition, PSL § 33 requires that the

written notice to local officials be repeated no more than four days
and no less than two days before the intended discontinuance.

MDL § 4(7) defines a "multiple dwelling" as a dwelling which is rented
for occupation as the residence of three or more families living
independently of each other.

MRL § 4(33) defines a "multiple dwelling" as a dwelling which is
rented for occupation as the temporary or permanent residence of three
or more families living independently of each other, including, among
others, apartment houses, hotels, boarding homes, college dormitories
and "old age or nursing homes or residences."

PHL § 2801(2) defines a "nursing home" as a facility that provides
individuals who are ill or disabled with nursing care, health-related
services, room and board, or any combination of such services, to
persons who are not occupants of the facility.

PHL § 2801(3) defines a "residential health care facility" as a
nursing home or a facility providing health-related service.

PHL§ 2801(4)(b) defines "health-related service" as service in a
facility or facilities which provide or offer lodging, board and
physical care including, but not limited to, the recording of health
information, dietary supervision and supervised hygienic services
incident to such service.

SSL § 2(21) defines an "adult care facility" as a family type home for
adults, a shelter for adults, a residence for adults, an enriched
housing program or an adult home, which provides temporary or
long-term residential care and services to adults who, though not
requiring continual medical or nursing care, are by reason of physical
or other limitations associated with age, physical or mental
disabilities or other factors, unable or substantially unable to live
independently.

PHL § 4651 (1) defines an "assisted living residence" as an entity
which provides or arranges for housing, on-site monitoring and other
services, such as personal care services or home care services, in a
home-like setting to five or more adult residents unrelated to the
assisted living provider.

Elder Law § 218 established within the State Office for the Aging
(SOFA) the Office of the State Long Term Care Ombudsman, headed by the
State Ombudsman, to receive and resolve complaints affecting
applicants, patients and residents in long term care facilities, refer
complaints to investigatory agencies when appropriate and cooperate
with such agencies as necessary. The State Ombudsman, with the
approval of the Director of SOFA, may designate an entity to operate a
Local Long Term Care Ombudsman Program for one or more counties.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

Residential health care facilities, adult care facilities and assisted
living residences serve populations of older adults who may be frail
or otherwise vulnerable. Their well-being may be threatened by the
discontinuance of utility services, and their receipt of a notice
advising of an intended discontinuance may occur may cause distress.

This bill would require a public utility company or municipality that
intends to discontinue services to a multiple dwelling to notify the
State Ombudsman if the multiple dwelling is a residential health care
facility, adult care facility or assisted living residence. This
measure will ensure that the State Ombudsman, with the assistance of
designated local ombudsmen, has the opportunity to help avoid the
discontinuance of services where possible and to address the questions
and concerns that arise when residents receive a notice of
discontinuance.

 BUDGET IMPLICATIONS :

This bill will not have a fiscal impact to the State or any local
government.

 EFFECTIVE DATE :
This bill would take effect 30 days after enactment.