4 Colo. Code Regs. § 723-3-3413
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-3-3413 - Medical Exemption Program(a) Scope and Applicability.(I) Any electric utility that has a Commission approved Medical Exemption Program shall file an advice letter and tariff, consistent with 4 CCR 723-1-1210, for a rate plan for residential customers who elect an alternate rate plan due to a qualifying medical condition and/or use of essential medical equipment and whose household income is less than or equal to 400 percent of federal poverty guidelines, which may be self-certified by the customer. The effect of such an exemption shall be neutral with respect to the utility's revenue requirement. If a customer qualifies for the alternate rate plan, that customer shall not be precluded from participating in any low-income program offered by the utility.(II) If an electric utility requests Commission approval of a tiered rate plan after July 1, 2013, the utility shall include in its tiered rate plan request, a rate plan for customers with a qualifying medical condition and/or use of qualifying life support equipment.(III) Rule 3413 is applicable to investor-owned electric utilities subject to rate regulation by the Commission.(b) Definitions.(I) "Essential medical equipment" means any medical device used in the home to sustain life or which is relied upon for mobility, as determined by a physician currently licensed and in good standing in the state of Colorado.(II) "Federal poverty guidelines" means the poverty measures published annually by the U.S. Department of Health and Human Services.(III) "Non-participant" means a utility customer who is not participating in the Medical Exemption Program.(IV) "Participant" means a residential utility customer who is billed according to the utility's alternative rate plan.(V) "Qualifying medical condition" includes heat-sensitive medical conditions including, but not limited to, multiple sclerosis, epilepsy, quadriplegia, and paraplegia, or the need for the use of essential medical equipment, as determined by a physician licensed in the state of Colorado, or other health care practitioner licensed to prescribe and treat patients.(c) A certificate of a qualifying medical condition and/or use of essential medical equipment shall be valid for one year. Once certified by a physician, or other health care practitioner licensed to prescribe and treat patients, customers with qualifying medical conditions lasting longer than one year may submit an annual attestation as to the continued condition and the current address of residency. A certificate of a qualifying medical condition and/or use of essential medical equipment shall: (I) be in writing (which includes electronic certificates and signatures and those provided electronically);(II) be sent from the office of a currently licensed physician in good standing in the state of Colorado, or other health care practitioner licensed to prescribe and treat patients to either the utility or a Commission approved third party with whom the utility contracts pursuant to rule 3209;(III) clearly state the name of the customer or individual whose medical condition and/or use of essential medical equipment is at issue; and(IV) clearly state the Colorado medical identification number, phone number, name, and signature of the physician or health care practitioner acting under a physician's authority, or other health care practitioner licensed to prescribe and treat patients certifying the existence of a qualifying medical condition and/or use of essential medical equipment.(d) Such certification is not contestable by the utility as to the medical judgment, although the utility may use reasonable means to verify the authenticity of such certificate.(e) Verification of the authenticity of the certificate of a qualifying medical condition or use of essential medical equipment shall be done by the utility or a Commission approved third party with which the utility contracts the medical verification activities.(f) If the utility or Commission approved third party deems it reasonably necessary, verification of household income may be done by the utility or Commission approved third party with which the utility contracts the income verification activities.(g) The Commission may, with cause, conduct an audit of the income verification process employed by the utility or an entity with which the utility contracts for that purpose.(h) Cost recovery. (I) Each utility shall address in its filing how costs of the alternative rate plan will be recovered.(II) Each utility shall provide information regarding impacts on the various participant classes and on participants within a class.(III) The following costs are eligible for recovery by a utility as alternative rate plan costs: (A) lost revenues based on the difference between the expected monthly revenues and revenues under the alternate rate plan for the months during which the Medical Exemption Program is in place; and(B) alternative rate plan administrative costs. (i) Annual Report. (I) No later than December 15 each year, each utility shall file an annual report, based on the previous summer cooling period the Medical Exemption Program was in effect, containing the following information:(A) monthly information including number of participants, individual household electricity usage, and individual household incomes;(B) the total number of applicants for the alterative rate plan;(C) the number of applicants who qualified for the rate plan;(D) total cost of the program and the average rate impact of non-participants by rate class; and(E) a description of the efforts made to facilitate the enrollment of qualified persons in the alternative rate plan.(II) To the extent that the annual report may disclose individual customer information, the utility is authorized to file that portion of the annual report as confidential pursuant to 4 CCR 723-1-1102, Procedures Relating to Confidential Information Submitted to the Commission Outside of a Formal Proceeding.38 CR 17, September 10, 2015, effective 9/30/201539 CR 06, March 25, 2016, effective 4/14/201639 CR 08, April 25, 2016, effective 5/15/201640 CR 22, November 25, 2017, effective 12/15/201742 CR 03, February 10, 2019, effective 3/2/201942 CR 07, April 10, 2019, effective 4/30/201942 CR 09, May 10, 2019, effective 5/30/201943 CR 08, April 25, 2020, effective 5/15/202043 CR 12, June 25, 2020, effective 7/15/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 13, July 10, 2021, effective 7/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 18, September 25, 2022, effective 10/15/202246 CR 02, January 25, 2023, effective 2/14/2023