Bill Text: NY A07734 | 2015-2016 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to corporations, authorities and commissions [A07734 Detail]

Download: New_York-2015-A07734-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7734--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 26, 2015
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on  Corporations, Authorities and Commissions -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       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:
    1    Section 1. The public service law is amended by adding a  new  section
    2  91-b to read as follows:
    3    S 91-B. SERVICE RESTORATION FOR CONSUMERS USING A MEDICAL ALERT SYSTEM
    4  OR  A DEVICE THAT TRANSMITS MEDICAL DATA. 1. EVERY TELEPHONE CORPORATION
    5  SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL DEVELOP AND IMPLEMENT AN
    6  EMERGENCY RESPONSE PLAN ENSURING THE REASONABLY  PROMPT  RESTORATION  OF
    7  TELEPHONE SERVICES IN THE EVENT OF AN OUTAGE FOR CUSTOMERS WHO UTILIZE A
    8  MEDICAL  ALERT  SYSTEM  OR COMMUNICATIONS EQUIPMENT, IN CONJUNCTION WITH
    9  MEDICAL DEVICES, TO MONITOR AND TRANSMIT MEDICAL DATA TO THEIR  TREATING
   10  PHYSICIANS' MEDICAL SITES.
   11    2.  (A)  EACH  EMERGENCY RESPONSE PLAN DESCRIBED IN SUBDIVISION ONE OF
   12  THIS SECTION SHALL BE SUBMITTED BY  THE  TELEPHONE  CORPORATION  TO  THE
   13  COMMISSION  FOR  REVIEW  AND APPROVAL. ALL SUCH PLANS SHALL BE SUBMITTED
   14  ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH.
   15    (B) THE COMMISSION SHALL REVIEW THE EMERGENCY RESPONSE PLAN AND NOTIFY
   16  THE TELEPHONE CORPORATION OF APPROVAL OR DISAPPROVAL OF THE PLAN  WITHIN
   17  THIRTY  DAYS  OF  RECEIVING  THE  PLAN.  IF THE PLAN IS DISAPPROVED, THE
   18  COMMISSION SHALL PROVIDE THE TELEPHONE CORPORATION WITH WRITTEN  NOTIFI-
   19  CATION  OF  THE  REASONS FOR THE DISAPPROVAL AT THE TIME IT NOTIFIES THE
   20  TELEPHONE CORPORATION OF THE DISAPPROVAL  OF  THE  PLAN.  THE  TELEPHONE
   21  CORPORATION SHALL REVISE THE PLAN TO ADDRESS THE REASONS FOR DISAPPROVAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10952-05-5
       A. 7734--A                          2
    1  AND  SHALL  RE-SUBMIT  THE  PLAN TO THE COMMISSION WITHIN THIRTY DAYS OF
    2  RECEIVING NOTICE OF THE DISAPPROVAL. THE  COMMISSION  SHALL  REVIEW  THE
    3  RESUBMITTED  PLAN  AND  NOTIFY  THE TELEPHONE CORPORATION OF APPROVAL OR
    4  DISAPPROVAL WITHIN FIFTEEN DAYS OF RECEIVING THE REVISED PLAN.
    5    3.  EACH  EMERGENCY  RESPONSE  PLAN  SHALL  INCLUDE, AT A MINIMUM, THE
    6  FOLLOWING:
    7    (A) THE NAME, ADDRESS AND CONTACT INFORMATION FOR  EACH  CUSTOMER  WHO
    8  HAS  PROVIDED  WRITTEN  OR  ONLINE  DOCUMENTATION OF HIS OR HER NEED FOR
    9  TELEPHONE SERVICE FOR MEDICAL NEEDS DURING OUTAGES;
   10    (B) OUTREACH PLANS TO COMMUNICATE WITH EACH CUSTOMER WHO HAS  PROVIDED
   11  WRITTEN OR ONLINE DOCUMENTATION OF HIS OR HER NEED FOR TELEPHONE SERVICE
   12  FOR MEDICAL NEEDS DURING OUTAGES;
   13    (C) PROCEDURES TO PRACTICE THE EMERGENCY RESPONSE PLAN; AND
   14    (D) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMISSION MAY REQUIRE.
   15    4. EVERY TELEPHONE CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTI-
   16  CLE SHALL:
   17    (A)  SEND ANNUALLY TO EACH RESIDENCE IT SERVES A FORM THAT MAY BE USED
   18  TO NOTIFY THE TELEPHONE CORPORATION THAT A PERSON LIVING  IN  THE  RESI-
   19  DENCE  SUFFERS  FROM LIFE THREATENING MEDICAL CONDITIONS WHICH REQUIRE A
   20  MEDICAL ALERT SYSTEM OR THE CONSTANT USE OF COMMUNICATIONS TECHNOLOGY TO
   21  REMOTELY MONITOR AND TRANSMIT CRITICAL MEDICAL DATA TO  TREATING  PHYSI-
   22  CIANS; AND
   23    (B)  PROVIDE  ON ITS WEBSITE, AN EASILY ACCESSIBLE LINK FOR USE BY ITS
   24  CUSTOMERS FOR THE PURPOSE OF NOTIFYING THE TELEPHONE CORPORATION THAT  A
   25  PERSON  LIVING  IN  THE  RESIDENCE SUFFERS FROM LIFE THREATENING MEDICAL
   26  CONDITIONS WHICH REQUIRE A MEDICAL ALERT SYSTEM OR THE CONSTANT  USE  OF
   27  COMMUNICATIONS  TECHNOLOGY  TO  REMOTELY  MONITOR  AND TRANSMIT CRITICAL
   28  MEDICAL DATA TO TREATING PHYSICIANS.
   29    5. NOTIFICATION OF THE TELEPHONE CORPORATION THAT A PERSON LIVING IN A
   30  RESIDENCE SUFFERS FROM LIFE THREATENING MEDICAL CONDITIONS WHICH REQUIRE
   31  A MEDICAL ALERT SYSTEM OR THE CONSTANT USE OF COMMUNICATIONS  TECHNOLOGY
   32  TO  REMOTELY  MONITOR  AND  TRANSMIT  CRITICAL  MEDICAL DATA TO TREATING
   33  PHYSICIANS SHALL BE VOLUNTARY. NO CUSTOMER SHALL BE REQUIRED TO  PROVIDE
   34  NOTIFICATION TO A TELEPHONE CORPORATION UNLESS HE OR SHE OPTS TO DO SO.
   35    6.  EACH  TELEPHONE  CORPORATION  SHALL MAINTAIN A CURRENT LIST OF ITS
   36  CUSTOMERS WHO HAVE PROVIDED NOTIFICATION TO THE TELEPHONE CORPORATION AS
   37  PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, AND SHALL INCLUDE THE LIST
   38  IN SUCH TELEPHONE CORPORATION'S  EMERGENCY  RESPONSE  PLAN.  THE  NAMES,
   39  ADDRESSES  AND CONTACT INFORMATION OF CUSTOMERS WHO PROVIDE NOTIFICATION
   40  TO THE TELEPHONE CORPORATION AS PROVIDED IN  SUBDIVISION  FOUR  OF  THIS
   41  SECTION  SHALL  BE  ADDED  TO THE LIST WITHIN THREE BUSINESS DAYS OF THE
   42  DATE THE TELEPHONE CORPORATION RECEIVES NOTICE FROM THE CUSTOMER, EITHER
   43  IN WRITING OR ONLINE. EACH CUSTOMER ON THE LIST SHALL BE RESPONSIBLE FOR
   44  NOTIFYING THE TELEPHONE CORPORATION OF ANY  CHANGES  IN  THE  CUSTOMER'S
   45  NAME, ADDRESS OR CONTACT INFORMATION.
   46    7. NO TELEPHONE CORPORATION SHALL ASSIGN OR TRANSFER LIABILITY FOR ITS
   47  OBLIGATIONS  UNDER  THIS  SECTION  TO ANY OTHER PERSON OR CORPORATION OR
   48  CONTRACT FOR ANY OTHER PERSON OR CORPORATION TO  PERFORM  THE  TELEPHONE
   49  CORPORATION'S  DUTIES  UNDER  THIS  SECTION  WITHOUT  THE  PRIOR WRITTEN
   50  CONSENT OF THE COMMISSION.
   51    8. THE COMMISSION SHALL SUPERVISE,  AND  ENSURE  COMPLIANCE  WITH  THE
   52  PROVISIONS  OF  THIS SECTION, AND SHALL PROMULGATE RULES AND REGULATIONS
   53  IT DEEMS NECESSARY TO ENSURE SUCH COMPLIANCE BY  TELEPHONE  CORPORATIONS
   54  WITH THE PROVISIONS OF THIS SECTION.
       A. 7734--A                          3
    1    9.  AS USED IN THIS SECTION: (A) "TELEPHONE CORPORATION" MEANS A TELE-
    2  PHONE CORPORATION AS DEFINED IN SECTION TWO OF THIS  CHAPTER,  AND  ALSO
    3  INCLUDES PROVIDERS OF INTERNET AND CELL PHONE SERVICE; AND
    4    (B)  "OUTAGE"  REFERS  TO ANY DISRUPTION IN OR COMPROMISE OF TELEPHONE
    5  SERVICE REGARDLESS OF THE REASON FOR SUCH DISRUPTION OR COMPROMISE.
    6    S 2. This act shall take effect on the one hundred eightieth day after
    7  it shall have become law; provided, however,  that  the  public  service
    8  commission  is  immediately  authorized and directed to take any and all
    9  actions necessary to fully implement the provisions of this  act  on  or
   10  before its effective date.