51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.150.410-8.150.410.10 RESERVED
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R.8.150.410-8.150.410.11 HOUSING TYPE
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A. Non-subsidized rent: Non-subsidized rent is defined as an obligation to pay for shelter which is entirely the responsibility of the household incurring the expense. (1) Separate direct costs: Households paying nonsubsidized rent who incur a separate heating/cooling cost are el…
R.8.150.410-8.150.410.12 INDIAN TRIBAL ELIGIBILITY
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In New Mexico, an Indian tribe may choose to administer its own LIHEAP program for tribal members and request from DHHS an allocation of the state's share of the LIHEAP grant award for this purpose. An Indian tribe is defined as a legal entity of a group of Native Americans livin…
R.8.150.410-8.150.410.13 CITIZENSHIP
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To be eligible, a LIHEAP household must contain at least one member who is a (1) U.S. citizen, or (2) a qualified non-citizen considered eligible to participate in the TANF program. See 8 USC Sec. 1641, Title 8, Chapter 14, Subchapter IV, and any subsequent changes.
R.8.150.410-8.150.410.14 RESIDENCY
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To be eligible, a LIHEAP household must have a residence in New Mexico and be occupying that residence at the time of application. The LIHEAP benefit must be applied toward the utility or fuel costs incurred for that residence.
R.8.150.410-8.150.410.15 ENUMERATION
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To be eligible for inclusion in the LIHEAP benefit group, a social security number (SSN) or proof of application for a number must be provided for each citizen and qualified non-citizen for which assistance is being requested. Any member(s) of a LIHEAP applicant household who do …
R.8.150.410-8.150.410.16 RESIDENCE IN FACILITY OR INSTITUTION
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Persons residing in New Mexico but living in group homes, halfway houses, institutions, homeless shelters, or in places not normally intended for human occupation are not eligible unless they can document heating/cooling expenses.
R.8.150.410-8.150.410.17 RECIPIENT RIGHTS
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A. Treatment and non-discrimination: Members of a household shall have the right, at all times, to be treated with dignity at all times. Household members may not be discriminated against on the basis of age, sex, race, color, handicap, national origin, or religious or political …
R.8.150.410-8.150.410.18 RECIPIENT RESPONSIBILITIES
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A. Benefit purpose: The household is responsible for using the benefit received for the purpose intended. B. Erroneously issued benefits: If it is determined the household is not entitled to the benefit received, whether agency or recipient caused, the household is responsible fo…
R.8.150.410-8.150.410.2 SCOPE
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The rule applies to the general public.
R.8.150.410-8.150.410.3 STATUTORY AUTHORITY
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27 NMSA 1978 (1992 Repl.) provides for the health care authority (HCA) to "...adopt, amend and repeal bylaws, rules and regulations...". It also provides for administration of public assistance programs. Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single, unified dep…
R.8.150.410-8.150.410.4 DURATION
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Permanent.
R.8.150.410-8.150.410.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is at the end of a section.
R.8.150.410-8.150.410.6 OBJECTIVE
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The objective of these regulations is to provide policy and procedures for the administration of the low income home energy assistance program (LIHEAP).
R.8.150.410-8.150.410.7 DEFINITIONS [RESERVED]
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R.8.150.410-8.150.410.8 HOUSEHOLD UNIT
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For purposes of LIHEAP, a household is an individual, or group of individuals living together, who incurs a heating or cooling cost. The heating or cooling cost must be to meet residential, not business or industrial, heating or cooling needs.
R.8.150.410-8.150.410.9 ENERGY RESPONSIBILITY
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A. Energy cost: To be eligible for LIHEAP benefits, the household must incur an energy cost. The energy cost may be for a primary heat source, i.e., the energy source or fuel with which the household is predominantly heated, or for a secondary heat source. A secondary heat source…
R.8.150.500-8.150.500.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.150.500-8.150.500.10 RESERVED
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R.8.150.500-8.150.500.2 SCOPE
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The rule applies to the general public.
R.8.150.500-8.150.500.3 STATUTORY AUTHORITY
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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 publi…
R.8.150.500-8.150.500.4 DURATION
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Permanent.
R.8.150.500-8.150.500.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is at the end of a section.
R.8.150.500-8.150.500.6 OBJECTIVE
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The objective of these regulations is to provide policy and procedures for the administration of the low-income home energy assistance program (LIHEAP).
R.8.150.500-8.150.500.7 DEFINITIONS [RESERVED]
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R.8.150.500-8.150.500.8 NEED DETERMINATION
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To be eligible for LIHEAP benefits households must do the following: A. An applicant/ recipient or representative must complete an application for LIHEAP benefits and will be interviewed face to face or telephonically only if information is questionable, to determine crisis or li…
R.8.150.500-8.150.500.9 RESERVED
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R.8.150.510-8.150.510.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.150.510-8.150.510.2 SCOPE
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The rule applies to the general public.
R.8.150.510-8.150.510.3 STATUTORY AUTHORITY
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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 publi…
R.8.150.510-8.150.510.4 DURATION
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Permanent.
R.8.150.510-8.150.510.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is at the end of a section.
R.8.150.510-8.150.510.6 OBJECTIVE
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The objective of these regulations is to provide policy and procedures for the administration of the low income home energy assistance program (LIHEAP).
R.8.150.510-8.150.510.7 DEFINITIONS [RESERVED]
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R.8.150.510-8.150.510.8 RESOURCE STANDARDS/ELIGIBILITY
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No assets test is required to be eligible for LIHEAP benefits.
R.8.150.520-8.150.520.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.150.520-8.150.520.10 GROSS INCOME OF INELIGIBLE NONCITIZENS
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The gross income received by any ineligible non-citizen household member must be prorated and counted to establish the benefit amount. A. Definition: If any member of the household providing income to the household is an ineligible non-citizen for TANF purposes, that member's inc…
R.8.150.520-8.150.520.11 GROSS INCOME OF MIGRANT HOUSEHOLDS
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A. Definition: A migrant household is a group that travels away from home on a regular basis with a group of laborers to seek employment in an agriculturally related activity. B. Verification sources: The household's federal income tax return is needed to annualize the household'…
R.8.150.520-8.150.520.12 GROSS INCOME DETERMINATION
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Gross income of the household member is defined as all income received prior to deductions, including taxes, garnishments, whether voluntary or involuntary and net business income. A. Income sources: Gross income includes income from both earned and unearned sources. B. Countable…
R.8.150.520-8.150.520.13 UNEARNED INCOME
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A. Definition: Unearned income is income received in the form of entitlement, disability, retirement, unemployment benefits or payments, including but not limited to the following:(1) child support; (2) alimony; (3) temporary assistance to needy families (TANF) benefits; (4) gene…
R.8.150.520-8.150.520.14 TOTAL GROSS INCOME
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The household's total gross income is determined by adding countable earned and unearned income. Income received from self-employment and by ineligible non-citizens is not counted in full. The income of migrant households may be annualized and averaged. The household's total gros…
R.8.150.520-8.150.520.15 INCOME STANDARD
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Income guidelines for eligibility will be updated at the beginning of each federal fiscal year as required by federal statute. The guidelines will be effective for the entire federal fiscal year beginning October 1 and ending September 30. The income guidelines will be determined…
R.8.150.520-8.150.520.16 CRISIS INTERVENTION STANDARDS
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Households who are over the income standards but meet the crisis intervention requirements may be eligible for a crisis LIHEAP benefit. If a household is over the income standards, HCA staff should explore the household's financial circumstances and take into account any financia…
R.8.150.520-8.150.520.17 NET INCOME
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A. Definition: Net income, except for net business income, for the purposes of LIHEAP policy, is not gross income minus deductions. Rather, it is gross income minus household emergency expenses incurred and paid in 30 days prior to the application date or the initial payment, dur…
R.8.150.520-8.150.520.18 HOUSEHOLD EMERGENCY EXPENSES
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A. Definition: Household emergency expenses are defined as expenses incurred and paid in full or in part by the household in the 30 days prior to the application date. B. Examples of emergency expenses include: (1) hospital, ambulance, doctor and dental bills; (2) laboratory and …
R.8.150.520-8.150.520.19 VERIFICATION
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To be considered, the household must provide proof of the incurred expense(s) and proof of payment.
R.8.150.520-8.150.520.2 SCOPE
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The rule applies to the general public.
R.8.150.520-8.150.520.3 STATUTORY AUTHORITY
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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 publi…
R.8.150.520-8.150.520.4 DURATION
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Permanent.
R.8.150.520-8.150.520.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is at the end of a section.