Q:  I am a social worker at a medical clinic in a low income neighborhood.  A distressed patient showed me a notice she received from the local utility company saying her electric service will be turned off a few days from now.  Apparently the patient's husband, who is the utility customer, had not paid the bill.  The local utility company notified the patient of the impending termination of service.  The patient uses an electric nebulizer to treat severe asthma attacks.  She is also a diabetic who requires refrigeration to keep her insulin supply.

Answer:  The situation you describe is a "medical emergency."     (16 NYCRR § 11.5.a.1)   The utility company may not terminate service when it is aware that the customer or a resident in the customer's premises suffers from a serious illness or medical condition that severely affects his/her well-being.      (16 NYCRR § 11.5.a.2)   To access this exception to the utility's right to terminate for non-payment of legal charges, however, a customer/patient must meet certain specific requirements. 

 In order to invoke this provision of the Home Energy Fair Practices Act a medical doctor or the local board of health must certify in writing to the utility that the condition exists and will be exacerbated by the absence of utility service. (PSL § 32.3.a and 16 NYCRR § 11.5.a.3). This certificate will be effective and provide 30 additional days of service.  The doctor or the board of health or other acceptable authority may provide effective notification to the utility by phone but must furnish the written certification within 5 days.

 A 30 day certificate may be renewed provided new written documentation is provided by the doctor or board of health and the customer provides a financial statement to the utility demonstrating the inability to pay charges for service.  Such renewal certificate will also be effective for 30 days unless the certification indicates that the condition is chronic in which case the renewed certificate shall remain in effect for 60 days or such longer period as the Commission or its designee may approve. . (16 NYCRR § 11.5.a.4) 

 A utility shall not terminate service to customers who are on life support systems, defined as requiring utility service to operate life-sustaining equipment (ventilator, dialysis machine), and who have obtained a medical certification until authorized to do so by the Commission, or its designee, the customer has demonstrated an ability to pay for charges, and the commission has received 15 days' written notice of the company's intent to terminate service. (16 NYCRR § 11.5.a.5)

 In any event, no utility may terminate a customer who has received a medical certification pursuant to the Public Service Law and the Department of Public Service Regulations without first sending the customer a final notice of termination 15 days prior to the date of the termination. (16 NYCRR § 11.5.a.6)

 Thus, our distressed patient with a need for electricity to run the nebulizer and keep the refrigerator operating in order to keep her insulin effective qualifies for a medical emergency to a utility's right to terminate service for nonpayment of legal charges.