S T A T E O F N E W Y O R K
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2705
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
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Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring a phone
company to restore service promptly when phone service goes down for
someone who uses a medical alert system or a device that transmits
medical data
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
91-b to read as follows:
§ 91-B. SERVICE RESTORATION FOR CONSUMERS USING A MEDICAL ALERT SYSTEM
OR A DEVICE THAT TRANSMITS MEDICAL DATA. 1. EVERY TELEPHONE CORPORATION
SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL DEVELOP AND IMPLEMENT AN
EMERGENCY RESPONSE PLAN ENSURING THE REASONABLY PROMPT RESTORATION OF
TELEPHONE SERVICES IN THE EVENT OF AN OUTAGE FOR CUSTOMERS WHO UTILIZE A
MEDICAL ALERT SYSTEM OR COMMUNICATIONS EQUIPMENT, IN CONJUNCTION WITH
MEDICAL DEVICES, TO MONITOR AND TRANSMIT MEDICAL DATA TO THEIR TREATING
PHYSICIANS' MEDICAL SITES.
2. (A) EACH EMERGENCY RESPONSE PLAN DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE SUBMITTED BY THE TELEPHONE CORPORATION TO THE
COMMISSION FOR REVIEW AND APPROVAL. ALL SUCH PLANS SHALL BE SUBMITTED
ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH.
(B) THE COMMISSION SHALL REVIEW THE EMERGENCY RESPONSE PLAN AND NOTIFY
THE TELEPHONE CORPORATION OF APPROVAL OR DISAPPROVAL OF THE PLAN WITHIN
THIRTY DAYS OF RECEIVING THE PLAN. IF THE PLAN IS DISAPPROVED, THE
COMMISSION SHALL PROVIDE THE TELEPHONE CORPORATION WITH WRITTEN NOTIFI-
CATION OF THE REASONS FOR THE DISAPPROVAL AT THE TIME IT NOTIFIES THE
TELEPHONE CORPORATION OF THE DISAPPROVAL OF THE PLAN. THE TELEPHONE
CORPORATION SHALL REVISE THE PLAN TO ADDRESS THE REASONS FOR DISAPPROVAL
AND SHALL RE-SUBMIT THE PLAN TO THE COMMISSION WITHIN THIRTY DAYS OF
RECEIVING NOTICE OF THE DISAPPROVAL. THE COMMISSION SHALL REVIEW THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04640-01-9
A. 2705 2
RESUBMITTED PLAN AND NOTIFY THE TELEPHONE CORPORATION OF APPROVAL OR
DISAPPROVAL WITHIN FIFTEEN DAYS OF RECEIVING THE REVISED PLAN.
3. EACH EMERGENCY RESPONSE PLAN SHALL INCLUDE, AT A MINIMUM, THE
FOLLOWING:
(A) THE NAME, ADDRESS AND CONTACT INFORMATION FOR EACH CUSTOMER WHO
HAS PROVIDED WRITTEN OR ONLINE DOCUMENTATION OF HIS OR HER NEED FOR
TELEPHONE SERVICE FOR MEDICAL NEEDS DURING OUTAGES;
(B) OUTREACH PLANS TO COMMUNICATE WITH EACH CUSTOMER WHO HAS PROVIDED
WRITTEN OR ONLINE DOCUMENTATION OF HIS OR HER NEED FOR TELEPHONE SERVICE
FOR MEDICAL NEEDS DURING OUTAGES;
(C) PROCEDURES TO PRACTICE THE EMERGENCY RESPONSE PLAN; AND
(D) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMISSION MAY REQUIRE.
4. EVERY TELEPHONE CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTI-
CLE SHALL:
(A) SEND ANNUALLY TO EACH RESIDENCE IT SERVES A FORM THAT MAY BE USED
TO NOTIFY THE TELEPHONE CORPORATION THAT A PERSON LIVING IN THE RESI-
DENCE SUFFERS FROM LIFE THREATENING MEDICAL CONDITIONS WHICH REQUIRE A
MEDICAL ALERT SYSTEM OR THE CONSTANT USE OF COMMUNICATIONS TECHNOLOGY TO
REMOTELY MONITOR AND TRANSMIT CRITICAL MEDICAL DATA TO TREATING PHYSI-
CIANS; AND
(B) PROVIDE ON ITS WEBSITE, AN EASILY ACCESSIBLE LINK FOR USE BY ITS
CUSTOMERS FOR THE PURPOSE OF NOTIFYING THE TELEPHONE CORPORATION THAT A
PERSON LIVING IN THE RESIDENCE SUFFERS FROM LIFE THREATENING MEDICAL
CONDITIONS WHICH REQUIRE A MEDICAL ALERT SYSTEM OR THE CONSTANT USE OF
COMMUNICATIONS TECHNOLOGY TO REMOTELY MONITOR AND TRANSMIT CRITICAL
MEDICAL DATA TO TREATING PHYSICIANS.
5. NOTIFICATION OF THE TELEPHONE CORPORATION THAT A PERSON LIVING IN A
RESIDENCE SUFFERS FROM LIFE THREATENING MEDICAL CONDITIONS WHICH REQUIRE
A MEDICAL ALERT SYSTEM OR THE CONSTANT USE OF COMMUNICATIONS TECHNOLOGY
TO REMOTELY MONITOR AND TRANSMIT CRITICAL MEDICAL DATA TO TREATING
PHYSICIANS SHALL BE VOLUNTARY. NO CUSTOMER SHALL BE REQUIRED TO PROVIDE
NOTIFICATION TO A TELEPHONE CORPORATION UNLESS HE OR SHE OPTS TO DO SO.
6. EACH TELEPHONE CORPORATION SHALL MAINTAIN A CURRENT LIST OF ITS
CUSTOMERS WHO HAVE PROVIDED NOTIFICATION TO THE TELEPHONE CORPORATION AS
PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, AND SHALL INCLUDE THE LIST
IN SUCH TELEPHONE CORPORATION'S EMERGENCY RESPONSE PLAN. THE NAMES,
ADDRESSES AND CONTACT INFORMATION OF CUSTOMERS WHO PROVIDE NOTIFICATION
TO THE TELEPHONE CORPORATION AS PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION SHALL BE ADDED TO THE LIST WITHIN THREE BUSINESS DAYS OF THE
DATE THE TELEPHONE CORPORATION RECEIVES NOTICE FROM THE CUSTOMER, EITHER
IN WRITING OR ONLINE. EACH CUSTOMER ON THE LIST SHALL BE RESPONSIBLE FOR
NOTIFYING THE TELEPHONE CORPORATION OF ANY CHANGES IN THE CUSTOMER'S
NAME, ADDRESS OR CONTACT INFORMATION.
7. NO TELEPHONE CORPORATION SHALL ASSIGN OR TRANSFER LIABILITY FOR ITS
OBLIGATIONS UNDER THIS SECTION TO ANY OTHER PERSON OR CORPORATION OR
CONTRACT FOR ANY OTHER PERSON OR CORPORATION TO PERFORM THE TELEPHONE
CORPORATION'S DUTIES UNDER THIS SECTION WITHOUT THE PRIOR WRITTEN
CONSENT OF THE COMMISSION.
8. THE COMMISSION SHALL SUPERVISE, AND ENSURE COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION, AND SHALL PROMULGATE RULES AND REGULATIONS
IT DEEMS NECESSARY TO ENSURE SUCH COMPLIANCE BY TELEPHONE CORPORATIONS
WITH THE PROVISIONS OF THIS SECTION.
9. AS USED IN THIS SECTION: (A) "TELEPHONE CORPORATION" MEANS A TELE-
PHONE CORPORATION AS DEFINED IN SECTION TWO OF THIS CHAPTER, AND ALSO
INCLUDES PROVIDERS OF INTERNET AND CELL PHONE SERVICE; AND
A. 2705 3
(B) "OUTAGE" REFERS TO ANY DISRUPTION IN OR COMPROMISE OF TELEPHONE
SERVICE REGARDLESS OF THE REASON FOR SUCH DISRUPTION OR COMPROMISE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become law; provided, however, that the public service
commission is immediately authorized and directed to take any and all
actions necessary to fully implement the provisions of this act on or
before its effective date.