N.Y. Comp. Codes R. & Regs. tit. 18 § 394.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 394.1 - Utility disconnection response procedures

(a) General. The local social services district shall take the following actions in cases in which a suspected serious impairment to human health is identified. A special procedure must also be utilized to protect individuals who are both seriously impaired and who are unable because of mental or physical problems to manage their own resources or to protect themselves from neglect or hazardous situations without the assistance of others. These actions shall complement and be in concert with rules and regulations of the Public Service Commission regarding discontinuance of utility service. These actions shall be in effect as a mandate during the period November 1st through April 15th of each year. In addition, from September 1st through October 31st of each year, utilities must review heat-related disconnections since the previous November 1st which are still disconnected (i.e.,dormant accounts) and refer any suspected serious impairment situations to the local social services district.

(b) Liaison. The local social services official shall designate a staff member to function as liaison to appropriate utility corporation(s) to insure timely and effective implementation of these procedures. Appropriate utilities are those which are regulated by the Public Service Commission.

(c) Serious impairment. A serious impairment to human health is indicated if the utility customer of record, or other person residing in the premises, appears to be seriously impaired and may, because of mental or physical problems, be unable to manage his or her own resources, carry out activities of daily living or protect oneself from neglect or hazardous situations without assistance from others. Indicators of serious impairments include, but are not limited to:

(1) age, infirmity or mental incapacitation;

(2) use of life support systems, such as dialysis machines or iron lungs;

(3) serious illness;

(4) physical disability or blindness; or

(5) any other factual circumstances which indicate severe or hazardous health situations.

(d) Neglect or hazardous situation. A neglect or hazardous situation is indicated if a residential customer is identified as likely to suffer a serious impairment to health or safety if utility service is terminated and if the customer is unable because of mental or physical problems to manage his or her own resources or to protect himself or herself from neglect or hazardous situations without the assistance of others. The utility company will identify these cases through responses to their annual notification of rights to all their residential customers; through notification by a local social services district, office of aging, board of health, or other responsible agency or person; or through identification by any utility personnel.

(e) Receipt of referrals. The local district designee or specified unit shall receive initial verbal and subsequent written referrals of potential serious impairment and/or identified neglect or hazardous situation cases from the utility corporation(s) on forms prescribed by the Public Service Commission/Department of Social Services.

(f) Social services district activities. Upon receipt of a suspected serious impairment and/or neglect or hazardous situation and/or dormant account referral, the social services district must perform the following activities:

(1) screen all referrals against WMS or other public assistance files to determine if the customer is a recipient of public assistance or SSI;

(2) attempt to make an in-person contact with the household when it is found that the referred household has been contacted by the utility corporation prior to termination of utility service to devise a plan that precludes termination and that arranges for payment of bills and/or where there is suspicion of or verification of a serious impairment to a household member and/or a neglect or hazardous situation. If in-person contact cannot be made, the district must send to the referred household an appropriate letter which clearly explains how the household can apply for emergency assistance. The letter must identify a telephone number which may be called to request emergency assistance and must indicate the date by which utility service will be terminated unless an application for assistance has been completed by the household and reviewed and approved by the district, or the situation which will result in the disconnection of utility service will be resolved in a timely manner;

(3) send to each referred household an appropriate letter which clearly explains how the household can apply for emergency assistance when it is found that the referred household has not been contacted by the utility corporation prior to termination of utility service to devise a plan that precludes termination and that arranges for payment of bills and/or there is no suspicion of or verification of a serious impairment and/or a neglect or hazardous situation and/or there is a dormant account. The letter must identify a telephone number which may be called to request emergency assistance and must indicate the date by which service will be terminated unless an application for assistance has been completed by the household and reviewed and approved by the district, or the situation which will result in the disconnection of utility service will be resolved in a timely manner;

(4) make a report to the utility corporation for each referred household where there is suspicion of or verification of a serious impairment and/or a neglect or hazardous situation. The report must be made orally by the 15th working day subsequent to receipt of the referral. A formal report in writing on forms prescribed by the department must be sent to the utility corporation on or before the 30th working day of the initial referral; and

(5) assist the referred household to apply in a timely manner for emergency assistance to resolve the pending utility disconnection or to restore service upon receipt of a request for emergency assistance.

(g) Training. The local social services district shall participate with the utility corporation, as necessary, in joint training/orientation programs to insure the effective implementation of these procedures.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 394.1