* § 391-l. Personal emergency response service agreements; required\ncancellation provisions. 1. As used in this section, the term "personal\nemergency response service" shall mean (a) the provision and maintenance\nof electronic communication equipment in the home of an individual which\nsignals a monitoring agency for help when activated by the individual,\nor after a period of time if a timer mechanism has not been reset; (b)\nthe continuous monitoring of such signals by a trained operator and, in\ncase of receipt of such signal, the immediate notification of such\nemergency response organizations or persons, if necessary, as the\nindividual has previously specified.\n 2. (a) In addition to any right otherwise to revoke an offer, the\npurchaser or other person obligated for any part of the purchase price\nor price for service for obtaining a personal emergency response service\nmay cancel the sale or purchase thereof with or without cause at any\ntime until midnight of the seventh business day after the day on which\nthe purchaser has signed an agreement or offer to purchase relating to\nsuch sale or purchase, without any penalty or obligation.\n (b) In addition to the cancellation right created by paragraph (a) of\nthis subdivision, the agreement providing for obtaining such service may\nbe cancelled by the purchaser or other person obligated for any part of\nthe purchase price or price for such service, upon thirty days prior\nwritten notice to the seller or supplier of such service, that the\npurchaser of such service has legally obligated himself or herself to\ncommence residence in a nursing home or other health-related facility\nwithin such thirty-day period for what is expected to be a permanent\nstay or an extended stay of at least two months duration, or that\nresidence therein with such expectation has already commenced.\n 3. (a) Cancellation under the terms of paragraph (a) of subdivision\ntwo of this section occurs when written notice of cancellation is given\nto the seller or provider of such service. Cancellation under the terms\nof such paragraph (a) shall be governed by the requirements of the\n"door-to-door sales protection act" contained in article ten-A of the\npersonal property law, whether or not such sale is a "door-to-door sale"\nas defined therein, except where such requirements are inconsistent with\nthe provisions of this section, in which case the provisions of this\nsection shall prevail, and except that the transactional exclusions from\nthe definition of "door-to-door sale" contained in paragraphs (a)\nthrough (f) of subdivision one of section four hundred twenty-six of the\npersonal property law shall not apply to the sale or purchase of a\npersonal emergency response service as defined herein.\n (b) Cancellation under the terms of paragraph (b) of subdivision two\nof this section occurs upon the thirtieth day after written notice of\ncancellation is given to the seller or provider of such service. Upon\nthe occurrence of cancellation under such paragraph (b), the purchaser\nor other person obligated for the purchaser shall remain obligated under\nsuch agreement to pay for the use of such service only for the period of\ntime during which the service was provided prior to the occurrence of\ncancellation thereunder. For this purpose, under such paragraph (b) the\nprice agreed to for the entire term of such agreement shall be prorated\nby multiplying such price by a fraction, the numerator of which is the\nperiod of time during which such service was provided prior to the\noccurrence of cancellation, and the denominator of which is the entire\nterm of such agreement. Any overpayment made in advance for the\nprovision of such service, the amount of which is determined by such\nproration shall be refunded to the purchaser or other person obligated\nfor the purchaser, as the case may be, within ten business days from the\ndate of the occurrence of cancellation under such paragraph (b). Such\ncan
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