Nev. Admin. Code § 704.680474

Current through December 12, 2024
Section 704.680474 - Criteria for eligibility as qualifying low-income subscriber; documentation of qualification; duties of eligibility responsibility party
1. To be eligible as a qualifying low-income subscriber for the purposes of NAC 704.680475 and 704.680477, a prospective subscriber must not currently be receiving Lifeline service, there must not be any other person in the prospective subscriber's household who is currently receiving Lifeline service and:
(a) The total household gross income, as described in 47 C.F.R. § 54.400(f), of the prospective subscriber must not exceed 135 percent of the federally established poverty levels set forth for the number of persons in the household of that prospective subscriber; or
(b) The prospective subscriber, one or more of the prospective subscriber's dependents or the prospective subscriber's household must receive benefits from one or more of the following programs of assistance:
(1) Medicaid;
(2) The Supplemental Nutrition Assistance program;
(3) The Supplemental Security Income Program;
(4) Federal public housing assistance;
(5) Veterans and Survivors Pension benefit;
(6) Bureau of Indian Affairs general assistance;
(7) Tribally administered Temporary Assistance for Needy Families;
(8) Head Start; or
(9) The Food Distribution Program on Indian Reservations.
2. For the purposes of subsection 1, there may be more than one household at a single physical address, but a prospective subscriber must affirmatively certify that any other person who receives Lifeline service at the same physical address is not a member of the prospective subscriber's household.
3. To demonstrate that he or she meets the income-eligibility requirements set forth in paragraph (a) of subsection 1, the prospective subscriber must submit to the eligibility responsibility party, and the eligibility responsibility party must review, documentation which demonstrates that the prospective subscriber meets the income-eligibility requirements set forth in that paragraph. Such documentation must, at a minimum, cover any period of 3 consecutive months during the 12-month period immediately preceding the date of application, and may include, without limitation:
(a) State or federal income or tribal tax returns from the year immediately preceding the date of application;
(b) Current income statements from an employer or paycheck stubs;
(c) A statement of benefits from the Social Security Administration;
(d) A statement of benefits from the United States Department of Veterans Affairs;
(e) A statement of benefits from a pension or benefit program;
(f) A statement of benefits from an unemployment or workers' compensation program;
(g) A notice letter of participation in federal or tribal general assistance;
(h) A divorce decree or child support award; or
(i) Any other documentation which contains income information.
4. To demonstrate compliance with the requirements set forth in paragraph (b) of subsection 1, the prospective subscriber must submit to the eligibility responsibility party, and the eligibility responsibility party must review, documentation which proves that the prospective subscriber meets the relevant program-based eligibility requirements for Lifeline service. Such documentation may include, without limitation:
(a) A statement of benefits from the relevant program of assistance for the year in which the prospective subscriber is applying for Lifeline service or for the year immediately preceding the date of application;
(b) A notice or letter of participation from the relevant program of assistance; or
(c) Any other official documentation which demonstrates that the prospective subscriber, one or more of the prospective subscriber's dependents or the prospective subscriber's household is receiving benefits from the relevant program of assistance.
5. Unless the National Lifeline Eligibility Verifier has been implemented in this State, before an eligible telecommunications carrier may enroll the prospective subscriber in Lifeline service, the eligibility responsibility party shall:
(a) Collect from the prospective subscriber the certification documentation required by 47 C.F.R. § 54.410(d);
(b) Review the information submitted to the eligibility responsibility party pursuant to subsection 3 or 4, as applicable;
(c) Query the National Lifeline Accountability Database to ensure that the subscriber is not already receiving Lifeline service; and
(d) Provide to each eligible telecommunications carrier copies of the certifications.
6. The eligibility responsibility party shall retain copies of the documentation concerning the subscriber's income-based or program-based eligibility for Lifeline service only in accordance with the provisions of this section.
7. The eligibility responsibility party shall, consistent with the provisions of 47 C.F.R. §§ 54.410 and 54.417, keep and maintain accurate records concerning:
(a) The source from which the eligibility responsibility party obtained the information used to determine the subscriber's income-based or program-based eligibility for Lifeline service; and
(b) The documentation provided by the subscriber to the eligibility responsibility party to demonstrate the subscriber's eligibility for Lifeline service.
8. On and after the date that the National Lifeline Eligibility Verifier is implemented in this State, eligibility must be determined by the National Lifeline Eligibility Verifier in accordance with 47 C.F.R. §§ 54.409 and 54.410.
9. If the National Lifeline Eligibility Verifier is implemented in this State, an eligible telecommunications carrier may only enroll a subscriber who is identified as eligible in the National Lifeline Eligibility Database and the National Lifeline Accountability Database.

Nev. Admin. Code § 704.680474

Added to NAC by Pub. Utilities Comm'n by R150-97, eff. 12-11-97; A by R051-05, 9-7-2005; R006-09, 10-27-2009; A by R143-13, eff. 10/24/2014; A by R021-14, eff. 10/24/2014; A by R059-17A, eff. 12/19/2017; A by R147-17AP, eff. 8/30/2018
NRS 703.025, 704.040, 704.210, 704.6873