NY State Senate Bill 2019-S3600

Senate Bill S3600

2019-2020 Legislative Session

Requires 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

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Feb 11, 2019	referred to energy and telecommunications

2019-S3600 (ACTIVE) - Details

See Assembly Version of this Bill:: A2705
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §91-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5508, A7734
2017-2018: S2031, A3568
2021-2022: S5707
2023-2024: S2770

2019-S3600 (ACTIVE) - Summary

Requires 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.

2019-S3600 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3600

SPONSOR: COMRIE
 
TITLE OF BILL:  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

 
PURPOSE:

To ensure that customers who utilize communications equipment to monitor
life threatening conditions that rely on telephone service can get
prompt restoration of service by their telephone company in the event of
an outage..

 
SUMMARY OF PROVISIONS:

Section 1: Amends the public service law to add a new section 91-b which
establishes that every telephone corporation subject to the provisions
of the article shall develop and implement an emergency response plan to
ensure the reasonably prompt restoration of telephone services in the

event of an outage for customers who utilize communications equipment to
monitor and transmit medical data to treating physicians' medical sites.

Subdivision 2a requires that an emergency response plan ensuring the
reasonably prompt restoration of services for customers who utilize
communications equipment to monitor and transmit medical data must be
submitted by the telephone corporation to the Public Service Commission
for review and approval. Plans must be submitted annually on or before
December 15th.

Subdivision 2b establishes the procedures for approval or disapproval of
an emergency response plan.

Subdivision 3 defines the components of the emergency response plan.
The emergency response plans must include, at a minimum:

(a): the name, address and contact information for each customer who has
provided written or online documentation of the need for telephone
service for medical needs during outage;

(b): outreach plans to communicate with each customer who has provided
written or online documentation of the need for telephone service for
medical needs during outage;

(c) procedures to practice the emergency response plan;

(d) whatever additional information the commission requires.

Subdivision 4 outlines the procedures by which telephone corporations
determine which of their customers use these medical devices. Every
telephone corporation subject to the provisions of the article shall:

(a): send annually to each residence a form that may be used to notify
the telephone corporation that a person living in the residence suffers
from life threatening medical conditions which require the constant use
of communications technology to remotely monitor and transmit critical
medical data to their physicians;

(b): provide an easily accessible link for use on its website for the
purpose of notifying the corporation that a person living in the resi-
dence suffers from a life threatening medical condition which requires
the constant use of communications technology to remotely monitor and
transmit critical medical data to treating physicians; Subdivision 5
requires that each telephone corporation shall maintain a current list
of its customers who have provided notification as in subdivision four
and shall include the list in the 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 shall be added to the list within three business days of the date
the corporation receives notice from the customer, either in writing or
online. Each customer on the list is responsible for notifying the
corporation of any change in name, address or contact information.

Subdivision 6 provides that no telephone corporation shall assign or
transfer liability to any other person or corporation or contract to
perform their duties under this section without the prior written
consent of the commission.

Subdivision 7 provides enforcement powers of this section to the Public
Service Commission.

Subdivision 8 defines "outage" as any disruption or compromise of tele-
phone service regardless of the reason for such disruption or compro-
mise.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

The use of personal medical devices that alert healthcare providers of
an emergency and that assist with remote patient monitoring are in use
throughout our state. According to a report by Center for Technology and
Aging, devices can be used to monitor a variety of medical conditions
and can transmit vital health information to caregivers, physicians, and
third parties. Examples of such devices include weight scales, glucome-
ters, implantable cardioverter defibrillators, and blood pressure moni-
tors.

Some of these devices rely on telephone service to function properly, so
when phone service goes down in the event of an outage, patients lives
may be placed at risk. This bill establishes an emergency protocol that
telephone companies must follow to a) determine which of their customers
use communications technology for life threatening medical conditions
and b) establish procedures to restore service promptly to such custom-
ers. Elderly or at-risk patients who rely on such devices to communicate
with their physicians or alert healthcare providers should not have to
see their lives put on the line every time phone service goes out.

 
LEGISLATIVE HISTORY:

A.7734 -A of 2015-16

 
FISCAL IMPLICATIONS:

To Be Determined.

 
EFFECTIVE:

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.

2019-S3600 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3600
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04640-01-9

 S. 3600                             2
 
 RECEIVING NOTICE OF THE DISAPPROVAL. THE  COMMISSION  SHALL  REVIEW  THE
 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

 S. 3600                             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.

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