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

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 residence 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 makes clear that notification to the corporation of medical conditions shall be voluntary.

Subdivision 6 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 7 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 8 provides enforcement powers of this section to the Public Service Commission.

Subdivision 9 (a) defines "telephone corporation" and includes internet and cell phone service within that definition. (b)defines "outage" as any disruption or compromise of telephone service regardless of the reason for such disruption or compromise.

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, glucometers, implantable cardioverter defibrillators, and blood pressure monitors.

Some of these devices rely on telephone and internet 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 customers. 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

New Bill