reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 152 - Coverage for Newborn and Recently Adopted Children and Children Placed for Adoption (§§ 10021 — 10026) › § 10025 - Coverage requirements

(a) Each health plan subject to this chapter shall provide coverage to:
(1) A newborn child of a covered person or enrollee from the moment of birth, or
(2) a newly adopted child of a covered person or enrollee from the earlier of:
(A) The date of placement in the home of the covered person or enrollee for the purpose of adoption and continues in the same manner as other dependents of the covered person or enrollee unless the placement is disrupted prior to legal adoption and the child is removed from placement;
(B) the date of entry of an order granting the covered person or enrollee custody of the child for purposes of adoption, or
(C) the effective date of adoption.
(b) The coverage for newborn and newly adopted children and children placed for adoption shall meet the following requirements:
(1) Include coverage of injury or sickness healthcare services including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, and
(2) is not subject to any preexisting condition exclusion.
History —Aug. 29, 2011, No. 194, § 54.050, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 152 - Coverage for Newborn and Recently Adopted Children and Children Placed for Adoption (§§ 10021 — 10026) › § 10026 - Notification requirements

(a) For a newborn child, the health insurance organization or issuer shall be required to provide covered persons or enrollees with reasonable notice of the following:
(1) If payment of a specific premium or subscription fee is required to provide coverage for a newborn child, as provided in this chapter, the health plan may require the covered person or enrollee to notify the health insurance organization or issuer of the birth of the child and furnish payment of the required premium or fees within thirty (30) days after the date of birth.
(2) If notice and the payment described above are not provided, the health insurance organization or issuer may refuse to continue coverage for the child under the health plan beyond the thirty (30)-day period. However, if within four (4) months after the birth of the child the covered person or enrollee makes all past-due payments, coverage shall be restored.
(3) If payment of a specific premium or subscription fee is not required to provide coverage for a newborn child, the health insurance organization or issuer may request notification of the birth of the child, but shall not deny or refuse to continue coverage if the covered person or enrollee does not furnish the notice.
(b) For a newly adopted child or child placed for adoption, the health insurance organization or issuer shall be required to provide covered persons or enrollees with reasonable notice of the following:
(1) If payment of a specific premium or subscription fee is required to provide coverage for a newly adopted child or child placed for adoption, the health plan may require the covered person or enrollee to notify the health insurance organization or issuer of the adoption or placement for adoption and furnish payment of the required premium or fees within thirty (30) days after coverage is required to begin under § 10025(a)(2) of this title.
(2) If the covered person fails to provide the notice or make the payment described in the preceding paragraph within the thirty (30)-day period, the health insurance organization or issuer shall treat the adopted child or child placed for adoption no less favorably than it treats other dependents, other than newborn children, who seek coverage at a time other than when the dependent was first eligible to apply for coverage.
History —Aug. 29, 2011, No. 194, § 54.060, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10251 - Title

This chapter shall be known and may be cited as the chapter on Long-term Care Insurance.
History —Aug. 29, 2011, No. 194, § 66.010, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10252 - Scope

The requirements of this chapter shall apply to policies delivered or issued for delivery in Puerto Rico on or after the effective date thereof. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the provisions of other applicable insurance laws insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to Medicare supplement insurance policies shall not be applied to long-term care insurance.
History —Aug. 29, 2011, No. 194, § 66.020, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10253 - Purpose

The purpose of this chapter is to promote the public interest, and the availability of long-term care insurance policies, to protect applicants for long-term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage.
History —Aug. 29, 2011, No. 194, § 66.030, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10255 - Extraterritorial jurisdiction-Group long-term care insurance

No group long-term care insurance coverage may be offered to a resident of Puerto Rico under a group policy issued in another state to a group described in § 10254(e) of this title, unless the Government of Puerto Rico, or the government of another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in Puerto Rico, has made a determination that such requirements have been met.
History —Aug. 29, 2011, No. 194, § 66.050, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10257 - Incontestability period

(a) For a policy or certificate that has been in force for less than six (6) months, an issuer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage or to the risk assumed by the issuer.
(b) For a policy or certificate that has been in force for at least six (6) months but less than two (2) years, an issuer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.
(c) After a policy or certificate has been in force for two (2) years, it is not contestable upon the grounds of misrepresentation alone; such policy or certificate may be contested only upon a showing that the enrollee knowingly and intentionally misrepresented relevant facts relating to his/her health status.
(d) Long-term care insurance policies or certificates may be field issued by third-party administrators if the compensation to the producer or third party administrator is not based on the number of policies or certificates issued. For purposes of this section, “field issued” means a policy or certificate issued by a producer or a third-party administrator pursuant to the underwriting authority granted to the producer or third-party administrator by an issuer and using the issuer’s underwriting guidelines.
(e) If an issuer has paid benefits under the long-term care insurance policy or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded.
(f) In the event of the death of the enrollee, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In this situation, the remaining death benefits under these policies shall be governed by the provisions of law applicable to life insurance. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.
History —Aug. 29, 2011, No. 194, § 66.070, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10258 - Nonforfeiture benefits

(a) Except as provided in subsection (b) of this section, a long-term care insurance policy may not be delivered or issued for delivery in Puerto Rico unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the issuer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.
(b) When a group long-term care insurance policy is issued, the offer required in subsection (a) of this section shall be made to the group policyholder.
(c) The Commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection (a) of this section.
History —Aug. 29, 2011, No. 194, § 66.080, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10260 - Rulemaking authority

The Commissioner shall issue reasonable regulations to promote premium adequacy and to protect the policyholder or certificate holder in the event of substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties and reporting practices for long-term care insurance.
The Commissioner shall issue reasonable regulations to promote premium adequacy and to protect the policyholder or certificate holder in the event of substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties and reporting practices for long-term care insurance [sic].
History —Aug. 29, 2011, No. 194, § 66.100, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 164 - Long-term Care Insurance (§§ 10251 — 10261) › § 10261 - Penalties

In addition to any other penalties provided by the laws of Puerto Rico including the Insurance Code of Puerto Rico, any issuer and any producer found to have violated any requirement of Puerto Rico related to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine which shall be the greater of the following amounts: up to three (3) times the amount of any commissions paid for each policy involved in the violation, or up to $10,000.
History —Aug. 29, 2011, No. 194, § 66.130, eff. 180 days after Aug. 29, 2011.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 170 - Unfair Discrimination against Victims of Abuse (§§ 10371 — 10377) › § 10371 - Purpose

The purpose of this chapter is to prohibit unfair discrimination by health insurance organizations or issuers and insurance professionals against victims of abuse.
History —Aug. 29, 2011, No. 194, added as § 72.010 on Aug. 23, 2012, No. 203, § 9, eff. 90 days after Aug. 23, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 170 - Unfair Discrimination against Victims of Abuse (§§ 10371 — 10377) › § 10372 - Scope

This chapter shall apply to all health insurance organizations or issuers and insurance professionals involved in issuing or renewing in Puerto Rico a health plan policy or certificate.
History —Aug. 29, 2011, No. 194, added as § 72.020 on Aug. 23, 2012, No. 203, § 9, eff. 90 days after Aug. 23, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 170 - Unfair Discrimination against Victims of Abuse (§§ 10371 — 10377) › § 10373 - Definitions

(a) Abuse-related medical condition.— Means a medical condition sustained by a victim of abuse which arises in whole or in part out of an act or pattern of abuse.
(b) Confidential abuse information.— Means information about acts of abuse against a person or abuse status of such person; information about a person's medical condition that the issuer knows or has reason to know is abuse-related, the address and telephone number (home and work) of a victim of abuse, or the status of a current or potential covered person or enrollee as a family member or employer of a victim of abuse.
(c) Abuse.— Means the occurrence of one (1) or more of the following acts by a current or former family member, household member, intimate partner or caretaker:
(1) Attempting to cause or intentionally or recklessly causing another person bodily injury, physical harm, severe emotional distress, psychological trauma, rape, sexual assault, or involuntary sexual intercourse;
(2) knowingly engaging in an unwanted pursuit behavior towards the victim, including following the person without proper authority, under circumstances that place the victim in reasonable fear of harm to his/her bodily integrity;
(3) subjecting another person to false imprisonment, or
(4) cause knowingly or recklessly damage to property so as to intimidate or control the behavior of the victim.
(d) Health plan or plan.— Means a policy, contract, certificate or agreement offered by a health insurance organization or issuer or insurance professional to provide, deliver, arrange for, pay for or reimburse any of the costs of healthcare services. For purposes of this chapter, health plan includes accident only, credit health, dental, vision, Medicare supplement or long-term care insurance, coverage issued as a supplement to liability insurance, short-term and catastrophic health insurance policies, and a policy that pays on a cost-incurred basis. “Health plan” does not include workers' compensation or similar insurance.
(e) Insurance professional.— Means a producer, broker, or adjuster as such terms are defined in §§ 949–953i of this title, as well as third-party administrators, as such terms are defined in Chapter 38 of this Code[sic].
(f) Abuse status.— Means the fact or perception that a person is or has been a victim of abuse, irrespective of whether the person has sustained abuse- related medical conditions.
(g) Victim of abuse.— Means a person against whom an act of abuse has been directed; who has current or prior injuries, illnesses, or disorders that resulted from abuse; or who seeks, may have sought, or had reason to seek medical or psychological treatment for abuse; or protection, court-ordered protection, or shelter from abuse.
History —Aug. 29, 2011, No. 194, added as § 72.030 on Aug. 23, 2012, No. 203, § 9, eff. 90 days after Aug. 23, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 170 - Unfair Discrimination against Victims of Abuse (§§ 10371 — 10377) › § 10375 - Justification of adverse insurance decisions

A health insurance organization or issuer or insurance professional that takes an action that adversely affects a current or potential covered person or enrollee on the basis of a medical condition that the issuer or insurance professional knows or has reason to know is abuse-related shall explain the reason for its action to the covered person or enrollee in writing and shall be able to demonstrate that its action, and any applicable plan provision:
(a) Does not have the purpose of treating the victim of abuse as a medical condition or underwriting criterion;
(b) is not based upon any actual or perceived correlation between a medical condition and abuse;
(c) is otherwise permissible by law and applies in the same manner and to the same extent to all current or potential covered persons or enrollees with a similar medical condition without regard to whether the condition or claim is abuse-related, and
(d) except for claim actions, is based on a determination, made in conformance with sound actuarial principles and supported by reasonable statistical evidence, that there is a correlation between the medical condition and a material increase in insurance risk.
History —Aug. 29, 2011, No. 194, added as § 72.050 on Aug. 23, 2012, No. 203, § 9, eff. 90 days after Aug. 23, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 170 - Unfair Discrimination against Victims of Abuse (§§ 10371 — 10377) › § 10376 - Insurance protocols for victims of abuse

Health insurance organizations or issuers shall develop and adhere to written policies specifying procedures to be followed by employees and by insurance professionals they contract with, for the purpose of protecting the safety and privacy of a victim of abuse and shall otherwise implement the provisions of this chapter when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a victim of abuse. Health insurance organizations or issuers shall distribute their written policies to employees and insurance professionals.
History —Aug. 29, 2011, No. 194, added as § 72.060 on Aug. 23, 2012, No. 203, § 9, eff. 90 days after Aug. 23, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-SIX - Insurance (§§ 101 — 10377) › Subtitle 3 - Puerto Rico Health Insurance Code (§§ 9001 — 10377) › Chapter 170 - Unfair Discrimination against Victims of Abuse (§§ 10371 — 10377) › § 10377 - Enforcement

The Commissioner shall conduct a reasonable investigation based on a complaint received and issue a prompt determination as to whether a violation of this chapter may have occurred. If the Commissioner finds from the investigation that a violation of this chapter may have occurred, the Commissioner shall promptly begin an administrative adjudicatory proceeding. The Commissioner may address a violation through means appropriate to the nature and extent of the violation, which may include suspension or revocation of certificates of authority or licenses, imposition of civil penalties, issuance of cease and desist orders, injunctive relief, a requirement for restitution, referral to prosecutorial authorities or any combination thereof. The powers and duties set forth in this section are in addition to all other authority of the Commissioner.
History —Aug. 29, 2011, No. 194, added as § 72.070 on Aug. 23, 2012, No. 203, § 9, eff. 90 days after Aug. 23, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 15 - Revision and Modification of Rates (§§ 261 — 261e) › § 261 - Title and purpose

This chapter shall be known as the “Uniform Rate Revision and Modification Act” and shall have the purpose of guaranteeing to the subscribers or users of public services adequate and uniform administrative procedures for the revision and modification of the rates fixed and charged for basic and essential services rendered by public corporations and other similar government instrumentalities.
History —May 31, 1985, No. 21, p. 67, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 15 - Revision and Modification of Rates (§§ 261 — 261e) › § 261a - Application

This chapter shall be applicable to the Puerto Rico Electric Power Authority, to the Puerto Rico Aqueducts and Sewers Authority and to other similar public service government instrumentalities established or to be established in the future, and to their subsidiaries.
History —May 31, 1985, No. 21, p. 67, § 2; Sept. 12, 1996, No. 218, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 15 - Revision and Modification of Rates (§§ 261 — 261e) › § 261b - Procedures—Permanent rates

No authority, public corporation or other similar government instrumentality that provides basic and essential public services to the citizenry shall make changes in the rates they charge their subscribers or users for said services, unless they comply with the following procedures:
(a) No changes of a permanent nature shall be made in the rates, unless public hearings are held which have been duly announced in two (2) newspapers of general circulation in Puerto Rico, at least fifteen (15) days prior to the date they are to be held, indicating in the announcement the place, date and hour said public hearings are to be held, the rates in effect, the proposed rates or changes in the rates to be adopted, and the effective date of the proposed change.
(b) The Authority shall make available to the public, with sufficient time prior to the date the public hearings are to be held, all the agency reports and documents supporting or justifying the proposed change in rates.
(c) The public hearings prescribed by this section shall be presided by an examining official who is knowledgeable of the rate structure of the agency, who is designated by the Authority for such effects. In case it were necessary to transfer agency personnel to serve as the examining official during these public hearings, the person designated shall not have previously intervened in the determination of the proposed change in rates.
(d) The examining official shall hear the statements of the deponents and shall grant them the opportunity to present expert and documentary evidence. Said official will issue a report which he shall submit to the Board of Directors of the Authority within sixty (60) days following the date on which the public hearings conclude. Said report shall include a list of all the objections, statements, opinions, documents, studies, recommendations, and any other pertinent facts introduced at the hearings, as well as the conclusions and recommendations. A copy of said report shall be made available to the public for examination and study, which shall be notified through the news media. Any interested person may submit his comments with respect to the report in writing to the Board of Directors of the Authority, within ten (10) days following the date it was made available to the public.
History —May 31, 1985, No. 21, p. 67, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 15 - Revision and Modification of Rates (§§ 261 — 261e) › § 261c - Procedures—Temporary or emergency rates

Temporary or emergency rates may only be adopted for a period of one hundred and eighty (180) days, or while the circumstances which motivated the emergency prevail, and, in any case, they shall be in accordance with the procedures provided hereinbelow:
(a) When the change in rates is temporary or due to an emergency, a notice shall be issued to the public through the communications media before the rates become effective, apprising of the change or modifications in rates, and explaining, in general terms, the reasons or emergency situation for such determination.
(b) In every case that a temporary raise is decreed, the instrumentality involved shall issue a detailed report explaining the grounds or circumstances which brought about said decision. Said report shall be made available to the public in an accessible place no later than ten (10) days before the date set for the beginning of the public hearings that shall be held pursuant to this chapter.
(c) When a temporary or emergency raise is decreed, public hearings will be held to consider said raise or change, within thirty (30) days following the effective date thereof. If the public hearings do not begin within the indicated term, the temporary or emergency raise shall not be effective nor valid. In these cases, the notice of public hearings, the holding of the hearings and the decision of the examining official shall be ruled by the provisions established in § 261b of this title.
History —May 31, 1985, No. 21, p. 67, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 15 - Revision and Modification of Rates (§§ 261 — 261e) › § 261d - Procedures—Legislative review

Every final determination of the public entities subject to the application of this chapter, after the public hearings referred to in §§ 261b and 261c of this title have been held with respect to changes in rates, may be reviewed by the Legislature through a concurrent resolution or through a resolution of any of its bodies. Nothing of what is established herein shall be construed as limiting the power of the courts to review the administrative decision in the pertinent cases.
History —May 31, 1985, No. 21, p. 67, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 15 - Revision and Modification of Rates (§§ 261 — 261e) › § 261e - Procedures—Exceptions

The procedures on changes in rates consigned in this chapter shall not be applicable to changes that must be made by the Authority due to rate adjustments imposed on it by federal agencies that regulate their area of operations or functioning. In such cases, the Authority shall notify its subscribers, in writing, as of the date on which the rates are raised, that the change in rates is the result of the application of federal regulatory provisions.
History —May 31, 1985, No. 21, p. 67, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262 - Title and purpose

This chapter shall be known as an “Act to Establish Minimum Procedural Requirements for the Suspension of Essential Public Services”. Its purpose is to guarantee to the subscribers or consumers an adequate opportunity to question the accuracy and source of the charges invoiced, and an adequate notice of the decision to discontinue services for nonpayment, as well as to guarantee an adequate disclosure of the complete procedure established.
History —June 27, 1985, No. 33, p. 123, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262a - Applicability

This chapter shall apply to the Puerto Rico Aqueducts and Sewers Authority and other public service companies established or to be established in the future, and their subsidiaries.
History —June 27, 1985, No. 33, p. 123, § 2; Sept. 12, 1996, No. 218, § 2; May 27, 2014, No. 57, § 7.02.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262c - Outcome favorable to subscriber

If the outcome of the administrative hearing or the judicial review is favorable to the subscriber, the authority concerned shall return or credit any amount the subscriber paid in excess plus interest at a rate of ten percent (10%) per annum.
If the subscriber does make the payment and does not use or exhaust the established procedure to object to the charges, the authority may discontinue the service. The discontinuance of the service shall be carried out on a date subsequent to the term of twenty (20) days from the time the notice for suspension is sent and shall never take place on a Friday, Saturday, Sunday or on a holiday, nor on the working day preceding the latter. Provided, That said notice shall not be made before the fifteen (15) day term granted to the subscriber to pay or object and request an investigation of the collection bill has elapsed, as established in subsection (a) of § 262b of this title.
History —June 27, 1985, No. 33, p. 123, § 4; Jan. 5, 2002, No. 14, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262d - Information to subscriber—Upon signing service contract

At the time the subscriber signs the service contract with the instrumentality, it shall inform him in writing of the procedure established, in compliance with the provisions of this chapter. The information must advise the following:
(a) Each stage of the procedure and the terms provided for each one.
(b) The rights, faculties and obligations that govern each party, that is, the instrumentality and the subscriber.
(c) The availability of the instrumentality to personally explain the process to the subscriber or to clarify any doubt he may have regarding the same.
(d) The right of the subscriber to require that the service billing be based on the reading of the usage measuring instruments and not by an estimate of the usage, except in those cases in which it is physically impossible for the public corporation to perform a reading of the meter.
History —June 27, 1985, No. 33, p. 123, § 5; Oct. 11, 2007, No. 146, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262e - Information to subscriber—In every invoice

In every invoice that the instrumentality sends to the subscriber it shall advise the latter that he/she shall have twenty (20) days to pay or to object to the same, and to request an investigation by the instrumentality without affecting the service in any way.
History —June 27, 1985, No. 33, p. 123, § 6; Dec. 16, 2003, No. 304, § 2; Sept. 30, 2004, No. 545, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262e-1 - Interruption of service; notification

Every authority, public corporation, or other government instrumentality that provides essential services to the citizenry and that has scheduled at least fifteen (15) days in advance, the interruption of the public service it provides in one or several areas, shall notify the interruption of the service, at least, forty-eight (48) hours in advance to the subscribers that will be affected. Said notification may be done through the media. This provision is not subject to the terms of the sections that precede it.
History —June 27, 1985, No. 33, p. 123, added as § 7 on Apr. 29, 2000, No. 73, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262f - Broader rights

None of what is provided herein shall prevent the instrumentality from granting its subscribers and consumers other broader rights than those prescribed above.
When the charges include three (3) or more monthly payments in arrears for services that were not previously billed, the instrumentality shall offer a reasonable payment plan to the subscriber or user according to his/her financial means, the duration of which may be extended for up to twenty-four (24) months.
History —June 27, 1985, No. 33, p. 123, § 7, renumbered as § 8 on Apr. 29, 2000, No. 73, § 2; Feb. 25, 2011, No. 25, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART I - Regulation of Companies Rendering Public Service (§§ 1 — 262g) › Chapter 17 - Suspension of Essential Public Services; Minimum Procedural Requirements (§§ 262 — 262g) › § 262g - 9-1-1 access guarantee

No telecommunications company that provides telephone service to a natural or juridical person may eliminate access to the 9-1-1 Emergency System during the partial suspension of its services to a client for failure to pay.
History —June 27, 1985, No. 33, p. 123, added as § 9 on Feb. 14, 2006, No. 60, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267 - Creation

(a) The Telecommunications Regulatory Board of Puerto Rico is hereby created as the agency in charge of regulating telecommunications services in Puerto Rico and of enforcing compliance and administrating this chapter. All orders and authorizations issued and granted by the Board shall be issued on behalf of the Telecommunications Regulatory Board of Puerto Rico, and all procedures instituted by the Board shall be on behalf of the Commonwealth of Puerto Rico.
(b) The Board shall have an official seal which shall bear the words “Telecommunications Regulatory Board of Puerto Rico” and the design prescribed by the Board.
History —Sept. 12, 1996, No. 213, § II-1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267a - Organization

(a) The Board shall be composed of four (4) associate members, and a Chairperson, appointed by the Governor with the advice and consent of the Senate. The Governor shall appoint the Chairperson of the Board with the advice and consent of the Senate, who shall hold office at the volition of the Governor and may be removed or replaced by the latter at any time with or without just cause.
(1) The Governor shall fix the compensation and other benefits of the associate members and of the Chairperson of the Board.
(b) Three (3) of the five (5) members of the Board shall constitute a quorum for a session of the whole Board.
(c) All actions taken by the Chairperson or by one of the associate members shall be subject to review by the whole Board.
(d) The decisions of the Board shall be made by a majority of its members and shall be subject to review by the Court of Appeals of Puerto Rico, except in those cases in which the Federal Communications Act confers jurisdiction on the Federal Communications Commission or on the U. S. District Court for the District of Puerto Rico.
History —Sept. 12, 1996, No. 213, § II-2; Apr. 26, 2013, No. 11, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267b - Members

(a) The members of the Board shall be citizens of the United States of America and residents of Puerto Rico. Of its five (5) members, one (1) shall be a professional with knowledge and broad experience in corporate finances; one (1) shall be a lawyer, or an engineer with at least seven (7) years of experience practicing such profession in Puerto Rico, which shall include professional experience in the field of telecommunications; and the remaining three (3) shall have broad, recognized experience in the telecommunications industry. The members shall not have a direct or indirect interest in, or any contractual relationship with the telecommunications companies subject to the jurisdiction of the Board, or in entities in or outside of Puerto Rico affiliated to, or having interests in said telecommunications companies. No member of the Board shall intervene in an issue or controversy in which a party thereto is a natural or juridical person with whom said member has had any contractual, professional, labor or trustee relation during two (2) years prior to his appointment. Neither shall any member, once he/she has ceased functions in the Board represent any person or entity before the Board with regard to any matter in which he/she participated while in the service of the Board and for two (2) years following his/her separation from said office when having to do with any other matter. The activities of the members during and after the expiration of their terms shall be subject to the restrictions provided in the Puerto Rico Government Ethics Act of 2011, §§ 1854 et seq. of Title 3.
(b) Without impairment to the power of the Governor to remove or replace the Chairperson of the Board, the members of the Board shall be appointed for a fixed term of four (4) years as of the date of said appointment. Any person chosen to fill a vacancy shall be appointed only for the remainder of the unexpired term of the member he/she succeeds. Upon the expiration of the term of any member, he/she shall continue to hold office until his successor is appointed and takes office.
History —Sept. 12, 1996, No. 213, § II-3; Apr. 26, 2013, No. 11, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267c - Chairperson

The Chairperson shall preside [over] all the meetings of the Board, shall be in charge of all administrative operations and shall represent the Board in all matters related to legislation and legislative reports, but any member may set forth his/her [dissenting] or supplementary opinion. The Chairperson shall also represent the Board when conferences or communications with other heads of agencies of the Commonwealth of Puerto Rico are required. In case of the absence of the Chairperson or his/her inability to fulfill his/her obligations, the Board shall temporarily designate one of its members to assume the office of Chairperson until the cause or circumstance that required said designation ceases or is corrected.
History —Sept. 12, 1996, No. 213, § II-4.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267d - Personnel

The Board shall be deemed an individual administrator pursuant to the provisions of the Public Service Personnel Act of Puerto Rico, Act No. 5 of October 14, 1975.
The Board, upon consultation with the Government Ethics Office, shall promulgate an ethics regulation to regulate the relationship between its personnel and the telecommunications companies.
History —Sept. 12, 1996, No. 213, § II-5.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267e - Jurisdiction

(a) The Board shall have primary jurisdiction over all telecommunications services and over all those persons [who] render these services in the Commonwealth of Puerto Rico, and over any person with a direct or indirect interest in said services or companies. Specifically, the Board shall have jurisdiction over:
(1) Any person who violates the provisions of this chapter or the regulations of the Board, including any person or entity that uses its control over the telecommunications services or companies to carry out such violation.
(2) Any person whose actions affect the rendering of telecommunications service, including any person or entity that uses its control over telecommunications services or companies to affect the rendering of the above mentioned services.
(3) Any person who carries out any activity for which a certification from the Board is necessary.
(4) Any person whose actions or omissions are detrimental to the activities, resources or interests over which the Board has regulatory, supervisory or surveillance powers, including any person who uses his/her control over telecommunications services or companies in such a manner that is detrimental to them.
(b) The Board shall have jurisdiction to regulate the service contract terms and conditions of DBS companies rendering such services in Puerto Rico over any person with a direct or indirect interest in such services or companies, and to address subscriber complaints related to such services and/or contract terms and conditions; also, to address consumer complaints related to services offered within Puerto Rico by DBS companies operating in Puerto Rico. The Board shall have jurisdiction, insofar as it is not inconsistent with the provisions of federal laws and regulations, especially those of the Federal Communications Commission. As for DBS services, the Federal Telecommunications Act of 1996 and Federal regulations have preemption in all that pertains to the authorization, construction, and regulation of the transmission of energy by interstate or foreign radio in Puerto Rico.
The Board shall exercise its jurisdiction in all that is not in conflict with federal statutory or regulatory provisions, especially those that correspond to the Federal Communications Commission, as well as those preemptive federal norms.
History —Sept. 12, 1996, No. 213, § II-6; Feb. 18, 2011, No. 11, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267g - Expropriation and easements

(a) Expropriation.— The Board shall have the power to identify the private property that shall be expropriated for the rendering of telecommunications services pursuant to the objectives of this chapter. Said property shall be expropriated by petition of the Board, by the Commonwealth of Puerto Rico represented by the Governor, or by the agency or official on whom [sic] the latter delegates.
(b) Legal easements.— The Board shall adopt the rules and regulations for the establishment, use and enjoyment of easements for any facilities needed for the installation of systems required and necessary to render telecommunications services, as provided in §§ 2151 et seq. of this title. These benefits shall apply equally to all companies providing telecommunications services.
In the rules and regulations to be adopted, the Telecommunications Regulatory Board shall establish the obligations that arise from the enjoyment of this right. Among these, the obligation to coordinate with the other companies the installation, repair and maintenance work in the facilities to reduce the damage that could be caused to the property affected by the easement and its occupants, the norms to prevent the interruption of other services, and compensation for damages caused to the services rendered by other companies and to the property. It is further provided that it shall be the obligation of the telecommunications companies to repair, maintain or remove those installations or structures of which they have ownership, title ship or a lease that are property of, owned or leased, that could be considered a danger to public safety. The municipalities may require any telecommunications company to repair or remove any of its installations that represents a danger to public safety. If the telecommunications company does not take any action on such respect within fifteen (15) workdays after being notified of the request, the municipality may resort to the Court of Instance through an injunction and petition the court to order the required work of repair or removal. If the injunction is accepted, the court may impose a fine of not less than five thousand dollars ($5,000) nor greater than ten thousand dollars ($10,000), plus costs and expenses incurred by the municipality.
History —Sept. 12, 1996, No. 213, § II-8; Aug. 26, 2005, No. 101, § 3; May 23, 2008, No. 68, § 1.