Relates to notice requirements pertaining to residential utility service to residential health care facilities

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 munici- pality 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 discon- tinuing 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 discontin- uance.

MDL § 4(7) defines a "multiple dwelling" as a dwelling which is rented for occupation as the residence of three or more families living inde- pendently 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 indi- viduals 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 facili- ty 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 hous- ing 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 Ombuds- man 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 discon- tinuance 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.