Section 55.104. Required 37-day notice before termination of service

(a) Thirty-seven day written notice to health care facilities. Except when required to prevent or alleviate an emergency, a utility shall, at least 37 days before terminating service to a health care facility, send to the affected facility a service termination notice in the form specified in § 55.108 (relating to form of notice).

(b) Thirty-seven day notice to agencies. On the same day that a utility sends the 37-day notice to the health care facility as required by subsection (a), the utility shall also send a copy of the notice to the following:

(1) The regulatory agency of the health care facility as identified on the listings available from the Commission’s Bureau or from the license or operating certificate provided by the health care facility.

(2) The Commission’s Bureau.

(c) Methods of serving the 37-day notice to health care facilities and to regulatory agencies. Notice to an affected health care facility and involved agencies shall be given in writing using one of the following methods:

(1) First class certified mail.

(2) Hand delivery with acknowledgment of receipt.

(3) Overnight express service with acknowledgment of receipt.

(4) Facsimile or other electronic transmission which produces a written copy at the receiving location, if a written confirmatory copy is subsequently dispatched the same day by a method specified in paragraph (1), (2) or (3), and if prior consent is obtained from the health care facility.

(d) Health care facilities failure to respond. If a health care facility fails to accept service of the 37-day notice within 10 days after service as specified in subsection (c), the utility shall inform the Commission’s Bureau by telephone or facsimile prior to proceeding further with the termination of service. Unless otherwise directed by the Bureau, the utility may then thereafter proceed with termination of service in accordance with this subchapter.

Notation

Cross References

This section cited in 52 Pa. Code § 55.105 (relating to required 10-day notice before termination of service).