KRS 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 co ntract 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 ju risdiction 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, t hen 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 custome r 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.