TITLE 8 SOCIAL SERVICES
CHAPTER 150 LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
PART 600 DESCRIPTION OF PROGRAM/BENEFITS
8.150.600.1 ISSUING
AGENCY: New Mexico Health Care
Authority.
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8.150.600.2 SCOPE: The rule
applies to the general public.
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8.150.600.3 STATUTORY
AUTHORITY: Section 9-8-1 et seq. NMSA 1978 establishes
the health care authority (HCA) as a single, unified department to administer
laws and exercise functions relating to health care facility licensure and health
care purchasing and regulation. It also
provides for administration of public assistance programs.
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8.150.600.4 DURATION: Permanent.
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8.150.600.5 EFFECTIVE
DATE:
July1, 2024, unless a different date is at the end of a section.
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8.150.600.6 OBJECTIVE: The objective
of these regulations is to provide policy and procedures for the administration
of the low income home energy assistance program (LIHEAP).
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8.150.600.7 DEFINITIONS: [RESERVED]
8.150.600.8 BENEFITS
- ISSUANCE AND USE AND VENDOR RESPONSIBILITIES:
A. Issuance of benefits: Benefits are issued in one of the following
methods:
(1) recipient
warrants: HCA issues benefits
directly to recipients through recipient warrants when appropriate and only as
a last resort;
(2) vendor
payments: HCA issues benefits
directly to the vendor;
(a) HCA
will provide the account name and customer account number for the LIHEAP
eligible household to the vendor specified by the household; the vendor will
notify HCA of mismatches within a specified time frame;
(b) vendors
who carry customer accounts will credit eligible households with the amount of
the LIHEAP regular benefit no more than 30 days from the time of the payment;
vendors who provide fuel on demand will provide fuel to eligible households
equal to the amount of the LIHEAP regular benefit no more than 30 days from the
date of the eligible household’s contact with the vendor to make
arrangements for the provision of such fuel;
(c) vendors
shall return to the LIHEAP central office excess LIHEAP benefits from the
account originally credited if that account is closed.
(d) vendors
should transfer a LIHEAP benefit credit on an account that is closed after the
credit is posted; the transfer must be to a new or existing account for the new
residence of the recipient household; the vendor must document the transfer in
a manner that meets generally accepted audit standards;
(e) vendors
may refund LIHEAP benefit credit to a household under certain circumstances
when the household moves or will not have service with the company at their
residence; the vendor must document the transfer in a manner that meets
generally accepted audit standards;
(f) vendors
must refund LIHEAP benefit credits on closed accounts to HCA when the credit
cannot be transferred to a new account or the
household cannot be located.
B. Benefit use: The recipient household which receives a
direct payment is responsible for using the benefit for the purpose intended:
(1) to
purchase fuel, such as propane, wood, coal, kerosene, fuel oil or other
unregulated fuels;
(2) to
pay the household's utility charges, such as those for electric or natural gas
services;
(3) to
purchase gasoline or tools needed when a household gathers/cuts its own
firewood;
(4) to
pay a landlord for the utility costs that are included in the rent payment;
(5) to
pay for a deposit obligation needed to initiate or continue service.
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8.150.600.9 STATE LIHEAP FUNDING:
A. Purpose: To reduce the home heating and cooling costs
of low-income New Mexicans.
B. Benefits:
(1) payments that assist low-income
households to reduce the costs of home heating/cooling; or
(2) weatherization services for the homes
of low-income households.
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8.150.600.10 FUND
USES:
Unless specified by the New Mexico state legislature, the secretary of
the HCA has the authority to specify the uses of the funding. Funding will be used for purposes similar to those allowed under the federal low income home
energy assistance program.
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8.150.600.11 WINTER
MORATORIUM ON UTILITY DISCONNECTION:
No utility vendor regulated by the public regulation commission shall
discontinue or disconnect residential utility service for heating from November
15 through March 15 of the subsequent year for certain customers.
A. Administering
authority: The HCA or a tribal entity
that administers its own low income home energy assistance program are
designated as the authorities to identify customers who meet the
certain qualifications for the winter moratorium. The customer must also meet the New Mexico
public regulation commission requirements to receive winter moratorium
protection.
(1) the
customer is a member of a household in which the total gross income is at or
below one hundred fifty percent of the current federal poverty guidelines; or
(2) one
or more of the household members:
(a) receive
supplemental security income; or
(b) are
eligible for any federally funded assistance program administered by ISD with
income guidelines at or below one hundred fifty percent of the current federal
poverty guidelines;
(3) the
person in whose name a utility account is listed and
the name of the public assistance recipient need not match in order for the
customer to be entitled to protection under this section.
C. Proof
of qualification:
(1) HCA
generated approval notice for public assistance programs whose income
guidelines are at or below one hundred fifty percent of the current federal
poverty guidelines;
(2) computer generated notice from HCA; or
(3) form
completed by hand from a local ISD office.
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HISTORY OF 8.150.600 NMAC:
Pre-NMAC History: The material
in this part was derived from that previously filed with the State Records
Center and Archives:
ISD 600.0000, Energy Assistance Programs, 11/12/1982.
ISD 600.0000, Low Income Energy Assistance Program, 1/9/1984.
ISD 710.0000, Energy Assistance Programs, 11/15/1985.
ISD 620.0000, Crisis Intervention Assistance, 11/12/1982.
ISD 620.0000, Energy Crisis Intervention Assistance, 12/27/1983.
ISD 714.0000, Energy Crisis Intervention, 11-20-85.
ISD 630.0000, Program Administration, 11/12/1982.
ISD 630.0000, Program Administration, 12/27/1983.
ISD 715.0000, Administration of Energy Assistance Programs, 11/20/1985.
ISD FA 710, Energy Assistance Programs, 12/5/1989.
ISD CAS 700, Energy Assistance Program, 11/13/1991.
ISD CAS 700, Energy Assistance Program, 11/10/1992.
ISD/CACB/LHP 700, Low Income Home Energy Assistance Program, 5/6/1994.
ISD/CACB/LHP 700, Low Income Home Energy Assistance Program, 7/28/1994.
History of Repealed Material: 8.150.600 NMAC
- Description Of
Program/Benefits (filed 9/17/2001), Repealed effective 7/1/2024.
Other: 8.150.600 NMAC - Description Of Program/Benefits (filed
9/17/2001), Replaced by 8.150.600 NMAC - Description Of Program/Benefits, effective
7/1/2024.