CONTINUATION OF SERVICE IN MEDICAL EMERGENCIES
Under the Home Energy Fair Practices Act (HEFPA), service can be continued to customers in arrears in “medical emergency” situations.
In addition to obvious life sustaining equipment, such as a dialysis machine, there are numerous situations requiring continued utility service under the Home Energy Fair Practices Act and regulations of the Public Service Commission:
- A diabetic may need service to keep insulin refrigerated, or to cook meals
- A person with asthma may need electricity for an inhalation treatment two or three times a day to prevent a serious attack
- A child who suffers from a sleep disorder may need an electric alarm to wake the parents if breathing stops
- An aged adult with chronic respiratory disease may need air conditioning on a hot humid day
- A heart patient may need oxygen 24 hours a day and electricity to keep a respirator or an oxygen concentrator running.
The list above gives just a few examples that might constitute a “medical emergency” under the PSC rules. By following the steps described below one can prevent a shutoff or restore service and perhaps save a life.
What if I have a Medical Emergency?
When your utility is notified by your doctor or the local Board of Health that a medical emergency exists which will be aggravated by the lack of utility service, it has to keep your service on or restore your service for 30 days. The notification may be made by phone, but must be followed within five business days by written certification, which should be on the doctor’s letterhead. This certificate may be renewed for an additional 30 days by the doctor who must explain how long the condition will last, and you show why you are unable to pay your utility bill. If your medical condition is chronic, a longer time period can be approved. 16 NYCRR § 11.5 (a)
If utility service is required to operate a life support system (ventilator, dialysis machine), the doctor's certificate remains effective unless terminated by the PSC. However, every three months, you must show your utility why you can't pay your bill. Your utility will code your account to ensure service is continued to your residence. 16 NYCRR § 11.5 (a) (6)
If the utility intends to terminate service to a medical emergency account, it must send a final termination notice fifteen days prior to the date of termination. 16 NYCRR § 11.5 (a) (6)
During the medical emergency your obligation to pay the bill is suspended and you may owe a large amount at the end of the medical emergency. The Public Service Commission is required to help you work out payment arrangements to avoid arrearages at the end of the emergency. 16 NYCRR § 11.5 (a) (7)
Insulin Refrigeration
Utilities sometimes refuse to continue electric service even when it is needed to refrigerate insulin needed by diabetics. Insulin is sensitive to temperature changes and using a cooler with ice, sometimes suggested by utilities, is not a proper way to store it. See Insulin Storage.
Resource Materials
A properly written doctor’s letter should be sufficient to continue service.
Suggested Form for Medical Doctor's Certificate of Medical Emergency under PSC Rule
§ 11.5 - PULP - 10-10-2007
Sample letter from health care provider to utility company.
Example of a note from physician that did not work
This PSC decision emphasizes the importance of a properly written doctor’s letter:
Decision from Public Service Commission
"The medical documentation submitted by complainant did not include the doctor’s identification number, a diagnosis, the duration of illness or indication that the lack of utility service would be detrimental to complainant’s health and thus failed to meet the standards necessary for continued service in a medical emergency. The hearing officer found that the utility’s claim of insufficient documentation was correct, and the complainant failed to produce necessary medical statements. Therefore, the utility was not obligated to restore complainant’s electric service. **** Complainant provided the utility with a record of a confidential psychiatric assessment of himself, conducted at the Delaware County Medical Health Clinic on April 26, 1993. Complainant also provided a copy of an emergency room record he received from Delaware Valley Hospital indicating that he was admitted to their emergency room May 23, 1993, because he was cold, shivering and dizzy. Staff advised complainant that neither piece of documentation was adequate to support continuation of service because of a medical emergency -- they did not state the reason why complainant needed utility service, or that a lack of service was detrimental to his health."
Public Service Commission Emergency Hotline Number 1-800-342-3355
Public Service Commission Internet Complaint Form
Public Service Commission Complaint Number (to file a complaint by phone): 1-800-342-3377
PULP Answers Questions About Medical Emergencies.
If you have a specific question about a medical emergency, contact PULP.
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