65- 407 C.M.R. ch. 815, § 11

Current through 2024-25, June 19, 2024
Section 407-815-11 - CONTINUATION OF UTILITY SERVICE IS REQUIRED FOR RESIDENTIAL CUSTOMERS WITH A MEDICAL EMERGENCY
A.Basic service is required for residential customers when a medical emergency necessitates a continuation of service

A utility may not disconnect service or refuse to reconnect service to any residential customer when the customer or an occupant of the customer's residence is certified by a physician or the physician's agent or designee to have a medical emergency. If a utility discovers after a disconnection of service that the customer or an occupant of the customer's residence is certified by a physician or the physician's agent or designee to have a medical emergency, the utility must reconnect the service pursuant to subsection D, provided the customer is eligible for a medical emergency declaration pursuant to subsection E.

B.Disconnection postponed pending certification

If the customer or member of the customer's household notifies the utility that the customer or an occupant of the customer's residence has a medical emergency and that certification of the medical emergency will be obtained, the utility may not disconnect service for at least three business days. The effective period of a pending disconnection notice can be extended to accommodate this three-day period if the utility notified the customer of the extension at the time the utility was notified of the medical emergency.

C.Certification procedure

A physician's certification of a medical emergency may be oral or written. A utility may not challenge the validity of an oral or written certification with a physician or a physician's agent, unless the utility has reason to believe that fraudulent information has been provided by the customer. If the utility has reason to believe that certification is not valid, it should file a request for an exemption of this Section with the CASD. The utility may require written confirmation within seven days of an oral certification. The utility may require that a written certification include the following if the utility provides a form for the physician to complete:

1. The name and service location of the customer (to be provided by the utility).
2. The name and address of the person with the medical emergency.
3. A statement that a serious illness or medical condition exists which would be seriously aggravated by lack of utility service.
4. The anticipated length of the medical emergency.
5. The specific reason why continued service is required.
6. The name, office address, telephone number and signature of the certifying physician.

If the written certification is not provided within the seven day period, the utility may proceed with disconnection if the pending disconnection notice is still effective or may pursue disconnection pursuant to Section 10(D)(3) if the pending disconnection notice has expired.

D.Reconnection of service

When a utility is required to reconnect service under this Section, the utility shall attempt to provide service on the day it receives the certification. In any case, service must be provided by 5:00 p.m. of the next day.

E.Length of certification; renewals

The utility may not disconnect the customer for the time period specified in the certification or 30 days, whichever is less. If the certification does not specify a time period or it is not readily ascertainable, the utility must not disconnect for a least 30 days. A certification may be renewed a total of two times during any 12-month period. This limitation applies to the premises as a whole, i.e., regardless of how many different people with a medical emergency reside at the same premises, the utility must accept no more than a total of three medical emergency certifications for the premises within a 12-month period.

F.Customer's duty to pay or make a payment arrangement

Whenever service is provided due to the existence of a medical emergency, the utility shall inform the customer of the continuing duty to pay or make a payment arrangement for the amount overdue. A utility must offer to refer a customer to possible sources of financial assistance for the payment of the utility bill when a medical emergency is declared.

G.Disconnection upon expiration of a certification

A utility may begin disconnection procedures when a certification of a medical emergency expires if the customer has failed to pay or enter into a payment arrangement for the amount overdue.

65- 407 C.M.R. ch. 815, § 11