A utility may not disconnect service and may not refuse to connect or 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 serious medical condition.
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 serious medical condition and that certification of the medical condition will be obtained, the utility may not disconnect service for at least 3 business days. The effective period of a pending disconnection notice can be extended to accommodate this 3-day period if the utility notified the customer of the extension at the time the utility was notified of the medical condition.
A physician's certification of a medical condition 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 CAD. The utility may require written confirmation within 7 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:
If the written certification is not provided within the 7-day period, the utility may proceed with disconnection pursuant to Section 10(D)(3).
When a utility is required to connect or 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.
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 serious medical conditions reside at the same premises, the utility must accept no more than a total of three serious medical condition certifications for the premises within a 12-month period.
Whenever service is provided due to the existence of a serious medical condition, 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.
A utility may begin disconnection procedures when a certification of a serious medical condition expires if the customer has failed to pay or enter into a payment arrangement for the amount overdue.
65- 407 C.M.R. ch. 660, § 11