438.284. New contracts for personal emergency response system services --
Components -- Existing contracts.

(1) Effective January 1, 2009, all new contracts between a personal
emergency response system provider and a customer shall be in accordance
with the following:

(a) The customer shall designate in the contract the order in which
responders are to be contacted in the event the personal emergency response
system provider receives an emergency alarm from the customer;

(b) The customer may designate in the contract that, in response to
receiving a customer's alarm, the first and primary contact for the dispatch
of aid shall be from the personal emergency response system provider to a
911 center, public safety answering point, or communications center in the
jurisdiction from which the alarm was received;

(c) The customer may designate in the contract that if, in response to
receiving a customer's alarm, the personal emergency response system
provider is not able to solicit a verbal response from the customer, then
the personal emergency response system provider shall call the customer's
911 center, public safety answering point, or communications center before
contacting the customer's designated responders;

(d) If the customer does not designate in the contract a 911 center,
public safety answering point, or communications center as the primary
responder, then the customer's 911 center, public safety answering point, or
communications center shall become the default secondary responder after the
personal emergency response system provider has attempted, without success,
to notify all other responders designated by the customer;

(e) The personal emergency response system provider shall provide a
disclosure statement to the customer that clearly states that the customer
has the option to designate in the contract a 911 center, public safety
answering point, or communications center as the primary responder. The
customer shall acknowledge that he or she has read the disclosure statement
by initialing, signing, or checking a box on the disclosure statement;

(f) If a 911 center, public safety answering point, or communications
center is designated as a responder by the customer pursuant to this
section, the personal emergency response system provider shall provide that
responder with the name of the customer, the location from which the
customer's alarm was received, and such other information as may be
requested by the 911 center, public safety answering point, or
communications center; and

(g) Following any notification to the 911 center, public safety answering
point, or communications center, the personal emergency response system
provider shall attempt to notify the responders on the customer's calling
list in accordance with the voice-to-voice request of the customer or, if no
instructions are received from the customer, to the responders specified on
the calling list in the order specified by prior written instructions of the
customer.

(2) For contracts existing between a personal emergency response system
provider and a customer prior to January 1, 2009:

(a) A personal emergency response system provider shall, by January 1,
2009:

1. Mail a notice to each customer giving the customer the option of
adding a 911 center, public safety answering point, or communications center
as the primary responder as provided in this section; and

2. Provide the customer with a toll-free number by which to contact
the personal emergency response system provider in order to establish a
modified protocol for the customer; and

(b) If the customer does not contact the personal emergency response
system provider to change his or her protocol, the existing protocol shall
remain in place between the customer and the personal emergency response
system provider.

HISTORY: (Enact. Acts 2008, ch. 102, § 3, effective July 15, 2008.)