S T A T E   O F   N E W   Y O R K
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                                 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:

  Section 1. The public service law is amended by adding a  new  section
91-b to read as follows:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10952-05-5
              

A. 7734--A                          2

AND  SHALL  RE-SUBMIT  THE  PLAN TO THE COMMISSION WITHIN THIRTY DAYS OF
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.

A. 7734--A                          3

  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
  (B)  "OUTAGE"  REFERS  TO ANY DISRUPTION IN OR COMPROMISE OF TELEPHONE
SERVICE REGARDLESS OF THE REASON FOR SUCH DISRUPTION OR COMPROMISE.
  S 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.