Bill Text: DE HB261 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 26 Of The Delaware Code Relating To Termination Of Utility Service Or Sale.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-07-18 - Signed by Governor [HB261 Detail]
Download: Delaware-2011-HB261-Draft.html
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SPONSOR: |
Rep. Longhurst & Sen. Hall-Long;Reps. Hudson, D. Short |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 261 |
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AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO TERMINATION OF UTILITY SERVICE OR SALE. |
Section 1. Amend §117(d), Title 26 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(d)
In no event shall such termination occur if the termination will prevent the
use of life-support equipment or cause loss of life or immediate
hospitalization of the occupant of the premises any occupant of any
dwelling unit shall be so ill that the termination of such sale or service
shall adversely affect his health or recovery, which has been so certified
by a signed statement from any duly licensed physician, physician assistant
or advanced nurse practitioner of this State or any accredited Christian
Science practitioner , of this State or of a state with similar
accreditation and received by any employee or officer of such person
engaging in the distribution or sale of gas, water or electricity. Signed
statements from a licensed physician, physician assistant or advanced
practice nurse or accredited Christian Science practitioner,
obtained pursuant to this section are effective for 120 days if the occupant
of the premises makes a good faith effort to make payments toward the utility
service being provided. Signed statements may be renewed by means of a new
signed statement to prevent termination. A utility or a customer may
petition the Delaware Public Service Commission for review of any dispute
hereunder. While such dispute is pending, a utility shall continue to provide
utility service to the customer until a final Commission adjudication on the
petition is issued.
SYNOPSIS
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This bill amends the current utility medical certification program that protects customers with a medical certification from termination of utility services.The current medical certification law is so broad that it is being used as a method of bill avoidance by numerous customers who do not need to be on the program, which is impacting all customers of the utility.Thus, this bill clarifies the parameters for a utility medical certification and grants protections to customers who need to be on the program.In addition, this bill expands the class of medical professionals able to certify a condition to include both advanced nurse practitioners and physician assistants.This bill eliminates Christian Science practitioners as persons who can provide a certified signed statement.Furthermore, this bill allows for medical professionals from other states that have similar accreditation to Delaware to be able to provide certification as required by §117(d), Title 26 of the Delaware Code. |
