Restore Phones for Medical Needs

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 notification 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

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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 article 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 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; 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 telephone corporation as defined in section two of this chapter, and also includes providers of internet and cell phone service; and

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(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.