Department of Health and Human Services (HHS)

Amend 45 CFR §96.84(b) to prohibit the use of federal LIHEAP funds in state plans that allow disconnection of essential residential utilities—electricity, gas, water—when non-payment is due to documented financial hardship.

LIHEAP Model Plan Utility Disconnection Guidance

This revision ensures federal energy assistance dollars are not used to prop up utility disconnection practices that criminalize poverty. A modern social safety net must guarantee baseline access to life-sustaining services, especially during economic hardship or extreme weather.

U.S. Department of Health and Human Services 200 Independence Avenue, SW Washington, D.C. 20201

LIHEAP Program Office Phone: (202) 401-9351 Email: energyassistance@acf.hhs.gov

45 CFR §96.84(b) governs the content of state LIHEAP model plans. While it encourages states to protect public health, it does not require them to prohibit shutoffs for low-income households. This regulatory silence allows states to enable utility disconnection due to poverty, even while receiving federal support to assist the same households post-disconnection.

By conditioning federal LIHEAP funding on protective disconnection policies, HHS can enforce a minimum dignity standard. Prohibiting shutoffs tied to economic hardship aligns with both the intent of LIHEAP and public health imperatives. Access to utilities is not optional—it's life-critical infrastructure.

Robert F Kennedy, JrAmended 45 CFR §96.84(b) shall include: “No state may submit a plan for the use of funds under this part that allows for the disconnection of residential electric, gas, or water utility services due to non-payment when such non-payment is due to documented financial hardship. States must include in their model plan assurance that LIHEAP funds will not support or subsidize such disconnection practices.”

Robert F Kennedy, Jr

Secretary of Health and Human Services