Section 55.102. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Bureau—The Bureau of Consumer Services.

Designated individual—An employe or representative of a health care facility who will act on behalf of the facility to receive and take action on termination notices regarding utility service. The administrator or contact person identified on the listing provided by the Department of Aging, Health or Public Welfare is deemed the designated individual for purposes of this subchapter unless the health care facility specifically identifies a designated individual.

Dispute—A health care facility grievance regarding subjects such as credit determinations, deposit requirements, the accuracy of meter readings, bill amounts and the proper party to be charged, which remains unresolved after the initial contact or utility follow-up response where the health care facility consents to the utility reviewing pertinent records or other information and calling back. If, at the conclusion of the health care facility’s initial contact or the utility follow-up response, the health care facility indicates satisfaction with the resulting resolution or explanation, the contact will not be considered a dispute. A grievance regarding rate or service issues which does not involve potential termination of utility service will not be considered a dispute for purposes of this subchapter.

Emergency—An unforeseen combination of circumstances requiring temporary discontinuance of service in order to effect repairs or maintenance, or to eliminate an imminent threat to life, health, safety or property.

Health care facility—

(i) Inpatient and residential institutions, including the following, which serve persons who are dependent upon others because of permanent or temporary disabilities:

(A) A birth center, hospital or long-term care nursing facility as defined in section 802.1 of the Health Care Facilities Act (35 P. S. § 448.802a).

(B) Overnight residential schools, facilities and institutions which provide overnight care for dependent children, adults and mentally retarded persons (such as boarding homes for children, personal care homes, mental health establishments, intermediate care facilities for the mentally retarded and intermediate care facilities for other related conditions, but not child day care centers, adult training facilities, vocational facilities or private homes) which are supervised or licensed under Articles IX and X of the Public Welfare Code (62 P. S. § § 901—922 and 1001—1059) by the Department of Public Welfare, the Department of Aging or the Department of Health.

(C) Domiciliary care homes as defined in section 2202-A of The Administrative Code of 1929 (71 P.S. § 581-2) for which the Department of Aging issues the certificate of operation.

(ii) The term does not include boarding schools, dormitories or similar facilities involving community living arrangements. The term does not include separately metered outpatient clinics or other outpatient facilities which are located on the site of an affiliated inpatient or residential health care facility or which are part of a commercial account of an inpatient or residential health care facility.

Regulatory agency—A governmental agency of the Commonwealth responsible for licensing, approving, supervising or certifying, for reimbursement purposes, health care facilities. Specifically, the Departments of Aging, Health and Public Welfare.

Termination of service—Cessation of service, whether temporary or permanent, without the consent of the affected health care facility.

Utility—An entity which provides electric, gas, steam heat, water, sewer or local exchange telephone service subject to the jurisdiction of the Commission.