Consumers can find help in PRC
Commission strives to resolve disputes for those served by utilities, agencies it regulates

Kate Nash | The New Mexican
Posted: Sunday, February 12, 2012
- 2/13/12
     
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Lawmakers this session have plans to revamp, reform and rearrange the Public Regulation Commission.

While some ponder what all that high-level hand-wringing really means, others wonder what the PRC does.

For consumers, in particular, dealing with the agency and the entities it regulates can be a confusing maze of acronyms, abbreviations and jargon.

But it doesn't have to be, say those whose job it is to help consumers deal with companies they think have treated them unfairly.

Jim Williamson, the PRC's Consumer Relations Division director, said his division works to create a solution for parties involved in a dispute over everything from hefty utility deposits to crummy cellphone coverage.

That work starts with helping the customer really understand the situation.

"We take the lawyer talk and put it into normal talk," said Williamson, who works with five others in the division to handle consumer complaints.

Those in the little-known office have helped thousands of New Mexicans deal with companies that have overcharged them. In 2011, the office saved consumers more than $818,954 by reversing wrongly charged fees or renegotiating the terms of an insurance settlement, among other things, Williamson said.

Thousands of complaints

The PRC regulates everything from taxi cabs to pipelines. It also oversees telephone and insurance companies, excavators, gas companies and ambulances, among others.

As such, it also handles grievances about those companies and services.

In 2011, the CRD handled 1,797 complaints. Of those, 256 resulted in a customer being given a credit. In 79 cases, a bill was adjusted, and in 28 cases, a fee was waived. At the same time, in 223 cases, no violation was found by the company, according to information provided by the PRC.

The CRD handles the majority of gripes, although those about health insurance go to a separate division of the agency.

So if you are receiving bad service or paying outrageous fees, what can you do about it?

The first step, Williamson said, is to go to the PRC's website, www.nmprc.state.nm.us. A link on the right side of the page takes consumers to a form they can fill out with the details of their complaint. Employees in the CRD strive to get back to complainants within 24 hours, to at least start the process.

The employees try to work with the business and the consumer to come up with a solution. That involves referencing state and federal laws as well as PRC regulations, Williamson said.

Sometimes, a company at fault will reverse a charge. Other times, the CRD finds a customer didn't read the fine print or pay on time. In some cases, cellphone companies work with customers to get them better reception.

Williamson must strike a balance between rules and regulations and customer rights. Often, he said, people are satisfied with the work by his office. But not always.

Data from 2011 show 16 customers said they weren't happy with the outcome of their cases and were considering filing a formal complaint with the commission. That is an option after going through the more informal complaint process with Williamson's office.

Local real-estate broker Carol Allen, who thought her bills from Public Service Co. of New Mexico and New Mexico Gas Co. were too high, said she had tremendous help from the PRC.

"I would look at these bills and think, 'This is crazy,' " she said. "They were estimating and their estimates were high."

Allen called the companies to dispute the charges, but faced a runaround and long waits on the phone.

Then she called the PRC.

The man who helped her, Arcy Baca, "stood by me with the whole thing," Allen said.

"I didn't get anywhere at all and he took it over for me," she said.

Eventually, Allen was able to get credits to her utility accounts and is satisfied with the outcome.

"I don't know where I would be with my issues with the utilities without this help," she said.

Williamson said the division also helped customers in a recent case involving Excel Energy, which had for years been underbilling customers around Carlsbad, and then wanted to charge for past amounts.

Affected customers saved about a million dollars after a deal in which the company would only be allowed to charge for some of the time in which it said it had underbilled customers, Williamson said.

In addition, PRC commissioners frequently also get directly involved in cases and help consumers as well, a spokesman said.

One area in which consumers in the past have not been happy with the PRC relates to 2010 increases in rates by Blue Cross Blue Shield. Questions arose over how the decision was handled, and the public's ability to provide input. Another proposed rate increase last fall was rejected by the superintendent of insurance and is pending before the agency.

Health insurance complaints by those with insurance are handled by the Managed Health Care Bureau, part of the Insurance Division of the PRC, which has five people who work with those consumers.

There, Bureau Chief Christine Baca said, "we do a lot of outreach relative to assisting members filing a complaint."

An annual report for 2010 shows the bureau handled 3,172 grievances and saved consumers $977,433.

The PRC also has a health insurance ombudsman, thanks to a recent federal grant.

In that job, Ashley Hernandez works to help people who don't have insurance understand their choices as they decipher what, for many, is a new world of coverage.

"A lot of people need to be talked to in plain English, by someone they can relate to, rather than someone who says 'call this number,' " she said.

Hernandez started as an intern answering the phone at the Consumer Relations Division and loved that work. "It's interesting," she said. "It's all kinds of calls every day."

Hernandez is working on plans to have a hotline available soon for those with questions.

But not everyone is convinced that the PRC complaint system works or is one in which participating would make a difference.

Ed Oppenheimer chose not to file a complaint after being upset by a recent rate increase by Blue Cross Blue Shield.

"For someone to work with the PRC in this state I think it would involve a really serious long-term effort to change the politics around it. I don't know who they respond to, but they don't respond to the consumer."

Oppenheimer, a 64-year-old artist, said he is frustrated by lack of concern for the public.

"It's just sewed up that they don't have to communicate or consider the consumer," he said.

Commissioner Jason Marks said he is proud of the work the CRD does for consumers. His office is next to the CRD, and he often overhears the consumer advocates on the phone. He also sometimes takes calls himself.

"In the ordinary situation when someone is just needing help and needing someone to break through bureaucracy and get a fair deal, our folks -- when I listen to them -- are advocates. That makes them effective."

Marks said he thinks the agency overall does a good job of working on behalf of consumers, but would like to see it do better when it comes to complaints about insurance.

"We could use more consumer advocacy on insurance matters," he said, adding that the agency could do better when it comes to complaints about premiums, in particular.

"I think we could use the ability we do have better," he said.

While the PRC is able to handle many of the complaints it gets, it refers some to other state agencies, including the Attorney General's Office, Williamson said.

"We get post office [complaints]. People just find us in the phone book and it says 'regulation' and they think we must regulate the world,' " he said.

PRC INFO

Number to call with a complaint about regulated entities: 888-4ASKPRC (888-427-5772).

For a health insurance complaint by people who are currently insured: 827-3928.

Non-insured people with questions about get- ting coverage can call: 827-4465.

To file a complaint online about any service the PRC regulates, visit: www.nmprc.state.nm.us.

Contact Kate Nash at 986-3036 or knash@sfnewmexican.com.






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