reglab/housing_qa huggingface dataset:
NE Code § 71-5829.05 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5829.05 - Long-term care beds; certificate of need; issuance; conditions.

71-5829.05.  Long-term care beds; certificate of need; issuance; conditions.If two or more applications are submitted within thirty days after the receipt of the first application for the same health planning region and the approval of all the applications would result in long-term care beds in the health planning region in excess of the long-term care bed need established in section 71-5829.04, the department shall grant the application and issue a certificate of need, subject to any reduction in beds required by section 71-5846 to the applicant which is better able to: (1) Provide quality care; (2) operate a long-term care facility in a cost-effective manner based on annual cost reports submitted to the department; (3) accumulate financial resources to complete the project; and (4) serve medicare, medicaid, and medically indigent long-term care patients in the area. The department shall show a preference to an application filed by an applicant with facilities in Nebraska. Information to make these determinations shall be limited to the application and data currently collected by the state. If the applicant does not have a facility in Nebraska, the department may request information from other states in which the applicant is offering services to make its determination.Source   Laws 1997, LB 798, § 24;  Laws 2007, LB296, § 635.
NE Code § 71-5829.06 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5829.06 - Rehabilitation beds; moratorium; exceptions.

71-5829.06.  Rehabilitation beds; moratorium; exceptions.All rehabilitation beds which require a certificate of need are subject to a moratorium, unless one of the following exceptions applies:(1) If the average occupancy for all rehabilitation beds located in Nebraska has exceeded ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application, the department may grant an exception to the moratorium and issue a certificate of need. If the department determines the average occupancy for all rehabilitation beds located in Nebraska does not exceed ninety percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application, the department shall deny the application; or(2) If the average occupancy for all rehabilitation beds within a health planning region exceeds eighty percent occupancy during the most recent three consecutive calendar quarters as reported at the time of the filing of the application and no other comparable services are otherwise available in the health planning region, the department shall grant an exception to the moratorium and issue a certificate of need for up to three rehabilitation beds.Source   Laws 1997, LB 798, § 25;  Laws 2008, LB765, § 2.
NE Code § 71-5830.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5830.01 - Certificate of need; exempt activities.

71-5830.01.  Certificate of need; exempt activities.Notwithstanding any other provisions of the Nebraska Health Care Certificate of Need Act, a certificate of need is not required for:(1) A change in classification between an intermediate care facility, a nursing facility, or a skilled nursing facility;(2) A project of a county in which is located a city of the metropolitan class for which a bond issue has been approved by the electorate of such county on or after January 1, 1994;(3) A project of a federally recognized Indian tribe to be located on tribal lands within the exterior boundaries of the State of Nebraska where (a) a determination has been made by the tribe's governing body that the cultural needs of the tribe's members cannot be adequately met by existing facilities if such project has been approved by the tribe's governing body and (b) the tribe has a self-determination agreement in place with the Indian Health Service of the United States Department of Health and Human Services so that payment for enrolled members of a federally recognized Indian tribe who are served at such facility will be made with one hundred percent federal reimbursement; and(4) A transfer or relocation of long-term care beds from one facility to another entity in the same health planning region or any other health planning region. The receiving entity shall obtain a license for the transferred or relocated beds within two years after the transfer or relocation. The department shall grant an extension of such time if the receiving entity is making progress toward the licensure of such beds.Source   Laws 1982, LB 378, § 56;   Laws 1989, LB 429, § 16;   Laws 1997, LB 798, § 26;  Laws 1999, LB 594, § 60;  Laws 2008, LB928, § 31;  Laws 2009, LB195, § 86.
NE Code § 71-5836 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5836 - Department; duties.

71-5836.  Department; duties.The department, after consulting with appropriate governmental agencies and affected persons, shall:(1) Prescribe the form to be used in applying for certificates of need and for applying for renewal of such certificates. The application shall contain (a) the name and address of the sponsor, (b) the anticipated date for placing the beds in service, (c) the location, (d) the number of new beds, (e) a concise, narrative description of the project showing the type and description of proposed acute care beds, rehabilitation beds, or long-term care beds, and (f) the certification and telephone number of a responsible officer; and(2) By rule and regulation describe and clarify the procedures to be followed in the review of an application. Such procedures shall be issued with each application form.Source   Laws 1979, LB 172, § 36;   Laws 1982, LB 378, § 25;   Laws 1989, LB 429, § 22;   Laws 1997, LB 798, § 27.
NE Code § 71-5837 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5837 - Certificate of need application; filing; fee.

71-5837.  Certificate of need application; filing; fee.An application for a certificate of need shall be filed with the department. All applications for a certificate of need shall be accompanied by a one-thousand-dollar nonrefundable fee. Such fee shall be remitted to the State Treasurer for credit to the General Fund.Source   Laws 1979, LB 172, § 37;   Laws 1982, LB 378, § 28;   Laws 1989, LB 429, § 24;   Laws 1993, LB 840, § 1;   Laws 1997, LB 798, § 28.
NE Code § 71-5842 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5842 - Transferred to section 71-5859.01.

71-5842.  Transferred to section 71-5859.01.
NE Code § 71-5843 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5843 - Transferred to section 71-5859.02.

71-5843.  Transferred to section 71-5859.02.
NE Code § 71-5844 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5844 - Transferred to section 71-5859.04.

71-5844.  Transferred to section 71-5859.04.
NE Code § 71-5845 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5845 - Transferred to section 71-5859.03.

71-5845.  Transferred to section 71-5859.03.
NE Code § 71-5846 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5846 - Certificate of need; decision; department; duties.

71-5846.  Certificate of need; decision; department; duties.The department shall make a decision in writing to (1) approve the application and issue a certificate of need, (2) disapprove the application and deny a certificate of need, or (3) if the application is for more long-term care beds than allowed under section 71-5829.04, approve the application but issue a certificate of need only for the reduced number of beds that section 71-5829.04 allows. The department shall make its decision within sixty days after the date the application was received.Source   Laws 1979, LB 172, § 46;   Laws 1982, LB 378, § 37;   Laws 1989, LB 429, § 27;   Laws 1996, LB 1155, § 65;   Laws 1997, LB 798, § 29.
NE Code § 71-5848 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5848 - Application; decision; findings and conclusions.

71-5848.  Application; decision; findings and conclusions.The department shall, when it approves or rejects an application, provide in writing to the applicant the decision and the findings and conclusions on which it based the decision.Source   Laws 1979, LB 172, § 48;   Laws 1982, LB 378, § 39;   Laws 1989, LB 429, § 28;   Laws 1997, LB 798, § 30.
NE Code § 71-5848.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5848.01 - Certificate of need; period valid; renewal.

71-5848.01.  Certificate of need; period valid; renewal.A new or modified certificate of need shall be valid for a period of one year from the date of issuance and may be renewed at the expiration of such period for up to one year if the holder of the certificate establishes that the holder is meeting the timetable or making a good faith effort to meet it. The department shall give written notice to an applicant for a renewal certificate of its decision within thirty days after receipt of an application. Such decision shall be considered a final decision of the department for purposes of appeal. If the decision is not appealed, it shall be final as of the date issued.Source   Laws 1979, LB 172, § 67;   Laws 1982, LB 378, § 53;   R.S.1943, (1986), § 71-5867;   Laws 1989, LB 429, § 29;   Laws 1997, LB 798, § 31.
NE Code § 71-5859 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5859 - Department; decision; appeal procedures.

71-5859.  Department; decision; appeal procedures.The department shall adopt and promulgate rules and regulations establishing procedures in accordance with the Administrative Procedure Act by which the applicant may appeal a decision by the department. The applicant may appeal a final decision of the department to the district court in accordance with the Administrative Procedure Act.Source   Laws 1979, LB 172, § 59;   Laws 1982, LB 378, § 49;   Laws 1989, LB 429, § 31;   Laws 1997, LB 798, § 32;  Laws 2007, LB296, § 636. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 71-5865 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5865 - Certificate of need; appeal; burden of proof.

71-5865.  Certificate of need; appeal; burden of proof.In an appeal of a decision to deny a certificate of need, the person requesting the appeal shall bear the burden of proving that the project meets the applicable criteria established in sections 71-5829.03 to 71-5829.06.Source   Laws 1979, LB 172, § 65;   Laws 1982, LB 378, § 51;   Laws 1989, LB 429, § 36;   Laws 1997, LB 798, § 33;  Laws 2009, LB195, § 87. Annotations  In an appeal from a decision granting a certificate of need, the party appealing bears the burden of proof that the application does not meet the applicable criteria. Department of Health v. Lutheran Hosp. & Homes Inc., 227 Neb. 116, 416 N.W.2d 222 (1987). In an appeal of a decision to grant a certificate of need, the party appealing that decision shall bear the burden of proof that the application does not meet the applicable criteria. Department of Health v. Grand Island Health Care, 223 Neb. 587, 391 N.W.2d 582 (1986).
NE Code § 71-5867 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5867 - Transferred to section 71-5848.01.

71-5867.  Transferred to section 71-5848.01.
NE Code § 71-5868 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5868 - Violation; department; maintain action.

71-5868.  Violation; department; maintain action.The department may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person who is engaging in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without first having a valid certificate of need or who is engaging in an activity prohibited under the act.Source   Laws 1979, LB 172, § 68;   Laws 1982, LB 378, § 54;   Laws 1989, LB 429, § 38;   Laws 1997, LB 798, § 34.
NE Code § 71-5869 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5869 - Health care facility; license or permit; denial, revocation, or suspension; grounds.

71-5869.  Health care facility; license or permit; denial, revocation, or suspension; grounds.(1) A license or permit which has been issued by the department under the Health Care Facility Licensure Act or any other state statute to a health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without having first obtained a certificate of need or which engaged in an activity prohibited under the act is subject to revocation or suspension. Nothing contained in this section shall limit the rights of appeal of a health care facility from such decision as provided in the Health Care Facility Licensure Act.(2) No license or permit may be issued or renewed by the department under the Health Care Facility Licensure Act or any other state statute, nor may any type of approval be granted to any health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without having first obtained a certificate of need or which engaged in an activity prohibited under the act.Source   Laws 1979, LB 172, § 69;   Laws 1997, LB 798, § 35;  Laws 2000, LB 819, § 121.  Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 71-5870 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5870 - Violation; penalty.

71-5870.  Violation; penalty.Any person who violates the Nebraska Health Care Certificate of Need Act by engaging in any activity which requires a certificate of need without first obtaining a certificate of need as required by the act or by engaging in an activity prohibited under the act is guilty of a Class IV misdemeanor. Each day of violation constitutes a separate offense. The magnitude of the violation is the primary consideration in establishing the amount of the fine.Source   Laws 1979, LB 172, § 70;   Laws 1982, LB 378, § 55;   Laws 1989, LB 429, § 39;   Laws 1997, LB 798, § 36.
NE Code § 71-5901 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5901 - Act, how cited.

71-5901.  Act, how cited.Sections 71-5901 to 71-5909 shall be known and may be cited as the Assisted-Living Facility Act.Source  Laws 2004, LB 1005, § 45;  Laws 2019, LB571, § 1.
NE Code § 71-5902 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5902 - Purposes of act.

71-5902.  Purposes of act.The purposes of the Assisted-Living Facility Act are to supplement provisions of the Health Care Facility Licensure Act relating to the licensure and regulation of assisted-living facilities, to provide for the health and safety of residents of such facilities, and to promote the goals of individualized decisionmaking and personal autonomy.Source  Laws 2004, LB 1005, § 46;  Laws 2018, LB439, § 3.  Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 71-5904 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5904 - Administrator; discretion.

71-5904.  Administrator; discretion.Assisted living promotes resident self-direction and participation in decisions which emphasize independence, individuality, privacy, and dignity.The administrator shall have the discretion regarding admission or retention of residents of the assisted-living facility subject to the Assisted-Living Facility Act and rules and regulations adopted and promulgated under the act.Source   Laws 1997, LB 608, § 14;   R.S.Supp.,1998, § 71-20,116;  Laws 2000, LB 819, § 61;   R.S.1943, (2003), § 71-461;  Laws 2004, LB 1005, § 48;  Laws 2018, LB439, § 5.
NE Code § 71-5905 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5905 - Admission or retention; conditions; services of employees; requirements; written information provided to applicant for admission; resident services agreement.

71-5905.  Admission or retention; conditions; services of employees; requirements; written information provided to applicant for admission; resident services agreement.(1) An assisted-living facility shall determine if an applicant for admission to the assisted-living facility is admitted or if a resident of the assisted-living facility is retained based on the care needs of the applicant or resident, the ability to meet those care needs within the assisted-living facility, and the degree to which the admission or retention of the applicant or resident poses a danger to the applicant or resident or others.(2) Any complex nursing intervention or noncomplex intervention provided by an employee of the assisted-living facility shall be performed in accordance with applicable state law.(3) Each assisted-living facility shall provide written information about the practices of the assisted-living facility to each applicant for admission to the facility or his or her authorized representative. The information shall include:(a) A description of the services provided by the assisted-living facility and the staff available to provide the services;(b) The charges for services provided by the assisted-living facility;(c) Whether or not the assisted-living facility accepts residents who are eligible for the medical assistance program under the Medical Assistance Act and, if applicable, the policies or limitations on access to services provided by the assisted-living facility for residents who seek care paid by the medical assistance program;(d) The criteria for admission to and continued residence in the assisted-living facility and the process for addressing issues that may prevent admission to or continued residence in the assisted-living facility;(e) The process for developing and updating the resident services agreement;(f) For facilities that have special care units for dementia, the additional services provided to meet the special needs of persons with dementia; and(g) Whether or not the assisted-living facility provides part-time or intermittent complex nursing interventions.(4) Each assisted-living facility shall enter into a resident services agreement in consultation with each resident.Source  Laws 2004, LB 1005, § 49;  Laws 2011, LB401, § 1;  Laws 2018, LB439, § 6.  Cross References  Medical Assistance Act, see section 68-901.
NE Code § 71-5906 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5906 - Complex nursing interventions; authorized; drugs, devices, biologicals, and supplements; list required; duties.

71-5906.  Complex nursing interventions; authorized; drugs, devices, biologicals, and supplements; list required; duties.(1) An assisted-living facility may provide complex nursing interventions on a part-time or intermittent basis.(2) Every person seeking admission to an assisted-living facility or the authorized representative of such person shall, upon admission and annually thereafter, provide the facility with a list of drugs, devices, biologicals, and supplements being taken or being used by the person, including dosage, instructions for use, and reported use.(3) Every person residing in an assisted-living facility or the authorized representative of such person shall annually provide the facility with a list of drugs, devices, biologicals, and supplements being taken or being used by such person, including dosage, instructions for use, and reported use.(4) An assisted-living facility shall not be subject to disciplinary action by the department for the failure of any person seeking admission to or residing at such facility or the authorized representative of such person to comply with subsections (2) and (3) of this section.(5) Each assisted-living facility shall provide for a registered nurse to review medication administration policies and procedures and to be responsible for the training of medication aides at such facility.Source  Laws 2004, LB 1005, § 50;  Laws 2018, LB439, § 7.
NE Code § 71-5907 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5907 - State Fire Code classification.

71-5907.  State Fire Code classification.For purposes of the State Fire Code under section 81-503.01, an assisted-living facility shall be classified as (1) residential board and care if the facility meets the residential board and care classification requirements of the State Fire Code or (2) limited care if the facility meets the limited care classification requirements of the State Fire Code.Source  Laws 2004, LB 1005, § 51;  Laws 2019, LB195, § 1.
NE Code § 71-5908 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5908 - Rules and regulations.

71-5908.  Rules and regulations.The department shall adopt and promulgate rules and regulations necessary to carry out the Assisted-Living Facility Act, including, but not limited to, rules and regulations which:(1) Prohibit the use of chemical or physical restraints at an assisted-living facility;(2) Require that a criminal background check be conducted on all persons employed as direct care staff at an assisted-living facility;(3) Establish initial and ongoing training requirements for administrators and approved curriculum for such training. Such requirements shall consist of thirty hours of initial training, including, but not limited to, training in resident care and services, social services, financial management, administration, gerontology, and rules, regulations, and standards relating to the operation of an assisted-living facility. The department may waive initial training requirements established under this subdivision for persons employed as administrators of assisted-living facilities on January 1, 2005, upon application to the department and documentation of equivalent training or experience satisfactory to the department. Training requirements established under this subdivision shall not apply to an administrator who is also a nursing home administrator or a hospital administrator; and(4) Provide for acceptance of accreditation by a recognized independent accreditation body or public agency, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the assisted-living facility complies with rules and regulations adopted and promulgated under the Assisted-Living Facility Act.Source Laws 2004, LB 1005, § 52.
NE Code § 71-5909 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5909 - Grievance procedure.

71-5909.  Grievance procedure.(1) For purposes of this section:(a) Grievance means a written expression of dissatisfaction that may or may not be the result of an unresolved complaint; and(b) Grievance procedure means the written policy of an assisted-living facility for addressing a grievance from an individual including an employee or resident.(2) Each assisted-living facility shall, on or before January 1, 2020, provide to the department the grievance procedure provided to an applicant for admission to the assisted-living facility. When such grievance procedure is modified, updated, or otherwise changed, the new grievance procedure shall be provided to the department within seven business days after such new grievance procedure takes effect. The department shall make such grievance procedure available to the deputy public counsel for institutions.Source Laws 2019, LB571, § 2.
NE Code § 71-6001 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-6001 - Transferred to section 71-2084.

71-6001.  Transferred to section 71-2084.
NE Code § 71-6002 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-6002 - Transferred to section 71-2085.

71-6002.  Transferred to section 71-2085.