BILL NUMBER: S4316
SPONSOR: COMRIE
 
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.
Subdivision 4 outlines the procedures by which telephone corporations
determine which of their customers use 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 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 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 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, glucome-
ters, implantable cardioventer 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 prdcedures to restore service promply 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, tin phone service goes out.
 
LEGISLATIVE HISTORY:
2024: S2770
S5707 2022
A.7734 -A of 2015-16
 
FISCAL IMPLICATIONS:
Be Determined.
 
EFFECTIVE DATE:
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.