NY State Senate Bill 2015-S5508A

Senate Bill S5508A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to energy and telecommunications
Jun 12, 2015	print number 5508a
Jun 12, 2015	amend and recommit to energy and telecommunications
May 14, 2015	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2015-S5508 - Details

See Assembly Version of this Bill:: A7734
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §91-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2031, A3568
2019-2020: S3600, A2705
2021-2022: S5707
2023-2024: S2770
2025-2026: S4316

2015-S5508 - Summary

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.

2015-S5508 - Sponsor Memo

                                BILL NUMBER:S5508

TITLE OF BILL:

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

PURPOSE:

To ensure that customers who utilize communications equipment to monitor
life threatening conditions that rely on telephone service can get
prompt restoration of service by their telephone company in the event of
an outage.

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.  Subdivi-
sion 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 resi-
dence 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 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 emer-
gency 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 6 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 7 provides enforcement powers of this section to the Public
Service Commission.

Subdivision 8 defines "outage" as any disruption or compromise of tele-
phone service regardless of the reason for such disruption or compro-
mise.

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, glucome-
ters, implantable cardioverter defibrillators, and blood pressure moni-
tors.

Some of these devices rely on telephone 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 custom-
ers. 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

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
becomes law.

2015-S5508 - Bill Text download pdf

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

                                  5508

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10952-03-5

S. 5508                             2

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. 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.
  6. 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.
  7.  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.
  8. AS USED IN THIS SECTION, "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.

2015-S5508A (ACTIVE) - Details

See Assembly Version of this Bill:: A7734
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §91-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2031, A3568
2019-2020: S3600, A2705
2021-2022: S5707
2023-2024: S2770
2025-2026: S4316

2015-S5508A (ACTIVE) - Summary

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.

2015-S5508A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5508A

TITLE OF BILL:

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

PURPOSE:

To ensure that customers who utilize communications equipment to
monitor life threatening conditions that rely on telephone and
internet service can get prompt restoration of service by their
telephone company in the event of an outage.

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

2015-S5508A (ACTIVE) - Bill Text download pdf

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

                                 5508--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  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.
                                                           LBD10952-04-5

S. 5508--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.

S. 5508--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.

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