reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6008 - Definitions, where found.

71-6008.
Definitions, where found.
As used in the Nebraska Nursing Home Act, unless the context otherwise requires, the definitions found in sections 71-6010 to 71-6017.01 shall apply.
Source
Laws 1983, LB 235, § 1;
Laws 1986, LB 782, § 4;
Laws 1998, LB 1354, § 38.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6010 - Department, defined.

71-6010.
Department, defined.
Department shall mean the Department of Health and Human Services.
Source
Laws 1983, LB 235, § 3;
Laws 1996, LB 1044, § 745;
Laws 2007, LB296, § 638.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6012 - Nursing home, defined.

71-6012.
Nursing home, defined.
Nursing home shall mean a nursing facility or a skilled nursing facility as defined in section 71-424 or 71-429.
Source
Laws 1983, LB 235, § 5;
Laws 2000, LB 819, § 122.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6016 - License, defined.

71-6016.
License, defined.
License shall mean a license to operate a nursing home issued under the Health Care Facility Licensure Act.
Source
Laws 1983, LB 235, § 9;
Laws 2000, LB 819, § 123.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6017.01 - Medicaid, defined.

71-6017.01.
Medicaid, defined.
Medicaid means the medical assistance program established pursuant to the Medical Assistance Act.
Source
Laws 1986, LB 782, § 1;
Laws 2006, LB 1248, § 78.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6019 - Access to residents; when permitted.

71-6019.
Access to residents; when permitted.
Any employee, representative, or agent of the department, the office of the state long-term care ombudsman, a law enforcement agency, or the local county attorney shall be permitted access at any hour to any resident of any nursing home. Friends and relatives of a resident shall have access during normal visiting and business hours of the facility. Representatives of community legal services programs, volunteers, and members of community organizations shall have access, after making arrangements with proper personnel of the home, during regular visiting and business hours if the purpose of such access is to:
(1) Visit, talk with, and make personal, social, and legal services available to all residents;
(2) Inform residents of their rights and entitlements and their corresponding obligations under federal and state laws by means of educational materials and discussions in groups and with individual residents;
(3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance, and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or
(4) Engage in other methods of asserting, advising, and representing residents so as to extend to them full enjoyment of their rights.
Source
Laws 1983, LB 235, § 12;
Laws 1992, LB 677, § 32;
Laws 1996, LB 1044, § 747;
Laws 2007, LB296, § 640.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6020 - Visitor; visitation procedures.

71-6020.
Visitor; visitation procedures.
Any person entering a nursing home pursuant to section 71-6019 shall first notify appropriate nursing home personnel of his or her presence. He or she shall, upon request, produce identification to establish his or her identity. No such person shall enter the immediate living area of any resident without first identifying himself or herself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected.
Source
Laws 1983, LB 235, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6021 - Administrator refuse access; hearing; procedure; access authorized.

71-6021.
Administrator refuse access; hearing; procedure; access authorized.
(1) Notwithstanding the provisions of sections 71-6019 and 71-6020, the administrator of a nursing home may refuse access to the nursing home to any person if the presence of such person in the nursing home would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the nursing home or if the person seeks access to the nursing home for commercial purposes. Any person refused access to a nursing home may, within thirty days of such refusal, request a hearing by the department. The wrongful refusal of a nursing home to grant access to any person as required in sections 71-6019 and 71-6020 shall constitute a violation of the Nebraska Nursing Home Act. A nursing home may appeal any citation issued pursuant to this section in the manner provided in sections 71-452 to 71-455.
(2) Nothing in sections 71-6019 to 71-6021 shall be construed to prevent (a) an employee of the department, acting in his or her official capacity, from entering a nursing home for any inspection authorized by the act or any rule or regulation adopted and promulgated pursuant thereto or (b) a state long-term care ombudsman or an ombudsman advocate, acting in his or her official capacity, from entering a nursing home to conduct an investigation authorized by any rules and regulations promulgated by the department.
Source
Laws 1983, LB 235, § 14;
Laws 1992, LB 677, § 33;
Laws 1996, LB 1044, § 748;
Laws 2000, LB 819, § 124;
Laws 2007, LB296, § 641.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6022 - Transfer or discharge of resident; conditions; procedure; involuntary transfer or discharge; notice requirements.

71-6022.
Transfer or discharge of resident; conditions; procedure; involuntary transfer or discharge; notice requirements.
(1) A nursing home shall not transfer or discharge a resident except (a) upon his or her consent, (b) for medical reasons, (c) for the resident's safety or the safety of other residents or nursing home employees, (d) when rehabilitation is such that movement to a less restrictive setting is possible, or (e) for nonpayment for the resident's stay, except as prohibited by section 71-6023.01 or by Title XVIII or XIX of the Social Security Act as amended.
(2) Involuntary transfer from a nursing home or discharge of a resident shall be preceded by a minimum written notice of thirty days, except when subdivision (d) of subsection (1) of this section applies, five days written notice shall be given to the resident or his or her representative and when subdivision (e) of subsection (1) of this section applies, a resident shall be given ten days' written notice if his or her charges are five days or more in arrears. This subsection shall not apply when (a) an emergency transfer or discharge is mandated by the resident's health care needs and is in accord with the written orders and medical justification of the attending physician or (b) the transfer is mandated by the physical safety of other residents or nursing home employees, as documented in the nursing home records.
Source
Laws 1983, LB 235, § 15;
Laws 1986, LB 782, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6023 - Involuntary transfer or discharge; notice; contents.

71-6023.
Involuntary transfer or discharge; notice; contents.
(1) The notice required by subsection (2) of section 71-6022 shall contain:
(a) The stated reason for the proposed transfer or discharge;
(b) The effective date of the proposed transfer or discharge; and
(c) In not less than twelve-point type, the text of section 71-445.
(2) A copy of the notice required by subsection (2) of section 71-6022 shall be transmitted to the resident and the resident's representative, if a representative has been designated.
Source
Laws 1983, LB 235, § 16;
Laws 2000, LB 819, § 125.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6023.01 - Licensure; retention of medicaid resident required; when.

71-6023.01.
Licensure; retention of medicaid resident required; when.
A nursing home seeking or renewing a license shall be required to retain a resident whose economic status changes so that such resident receives medicaid or becomes eligible for medicaid if such resident has resided in the nursing home for a period of at least one year after July 17, 1986, unless ten percent of such nursing home's residents are receiving medicaid or are eligible for medicaid. Such requirement shall constitute a condition of licensure. The department shall notify the nursing home of such requirement ninety days prior to the renewal of a license or upon application for a license. For purposes of this section, nursing homes shall include long-term care hospitals, including long-term care units of a hospital. This section shall not apply to the Nebraska veterans homes established pursuant to Chapter 80, article 3.
Source
Laws 1986, LB 782, § 2;
Laws 1990, LB 1064, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6037 - Act, how cited.

71-6037.
Act, how cited.
Sections 71-6008 to 71-6037 shall be known and may be cited as the Nebraska Nursing Home Act.
Source
Laws 1983, LB 235, § 30;
Laws 1986, LB 782, § 6;
Laws 2000, LB 819, § 128.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6038 - Terms, defined.

71-6038.
Terms, defined.
For purposes of sections 71-6038 to 71-6042:
(1) Complicated feeding problems include, but are not limited to, difficulty swallowing, recurrent lung aspirations, and tube or parenteral or intravenous feedings;
(2) Department means the Department of Health and Human Services;
(3) Nurse aide means any person employed by a facility described in subsection (1) of section 71-6039 for the purpose of aiding a licensed registered or practical nurse through the performance of nonspecialized tasks related to the personal care and comfort of residents other than a paid dining assistant or a licensed registered or practical nurse;
(4) Nursing home means any facility or a distinct part of any facility that provides care as defined in sections 71-420, 71-421, 71-422, 71-424, and 71-429; and
(5) Paid dining assistant means any person employed by a nursing home for the purpose of aiding a licensed registered or practical nurse through the feeding of residents other than a nurse aide or a licensed registered or practical nurse.
Source
Laws 1983, LB 273, § 1;
Laws 1984, LB 416, § 10;
Laws 1988, LB 190, § 4;
Laws 1990, LB 1080, § 6;
Laws 1994, LB 1210, § 148;
Laws 1996, LB 1044, § 749;
Laws 1998, LB 1354, § 40;
Laws 2004, LB 1005, § 110;
Laws 2007, LB296, § 642;
Laws 2007, LB463, § 1235;
Laws 2017, LB417, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6039.01 - Paid dining assistant; qualifications.

71-6039.01.
Paid dining assistant; qualifications.
No person shall act as a paid dining assistant in a nursing home unless such person:
(1) Is at least sixteen years of age;
(2) Is able to speak and understand the English language or a language understood by the nursing home resident being fed by such person;
(3) Has successfully completed at least eight hours of training as prescribed by the department for paid dining assistants;
(4) Has no adverse findings on the Nurse Aide Registry or the Adult Protective Services Central Registry; and
(5) Has no adverse findings on the central registry created in section 28-718 if the nursing home which employs such person as a paid dining assistant has at any one time more than one resident under the age of nineteen years.
Source
Laws 2004, LB 1005, § 115;
Laws 2014, LB853, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6039.02 - Paid dining assistant; permitted activities.

71-6039.02.
Paid dining assistant; permitted activities.
A paid dining assistant shall:
(1) Only feed residents who have no complicated feeding problems as selected by the nursing home based on the resident's latest assessment and plan of care and a determination by the charge nurse that the resident's condition at the time of such feeding meets that plan of care;
(2) Work under the supervision of a licensed registered or practical nurse who is in the nursing home and immediately available; and
(3) Call a supervisor for help in an emergency.
Source
Laws 2004, LB 1005, § 116.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6039.03 - Paid dining assistant; training requirements.

71-6039.03.
Paid dining assistant; training requirements.
(1) The department may prescribe a curriculum for training paid dining assistants and may adopt and promulgate rules and regulations for such courses of training. Such courses shall be no less than eight hours in duration. The department may approve courses of training for paid dining assistants that meet the requirements of this section. Nursing homes may carry out approved courses of training and competency evaluation programs at the nursing home. Training of paid dining assistants shall be administered by a licensed registered nurse.
(2) Courses of training and competency evaluation programs for paid dining assistants shall include:
(a) Feeding techniques;
(b) Assistance with feeding and hydration;
(c) Communication and interpersonal skills;
(d) Appropriate responses to resident behavior;
(e) Safety and emergency procedures, including the abdominal thrust maneuver;
(f) Infection control;
(g) Resident rights;
(h) Recognizing changes in residents that are inconsistent with their normal behavior and the importance of reporting those changes to the supervisory nurse;
(i) Special needs; and
(j) Abuse and neglect, including the responsibility to report suspected abuse or neglect pursuant to sections 28-372 and 28-711.
(3) This section shall not prohibit any facility from exceeding the minimum hourly or training requirements.
Source
Laws 2004, LB 1005, § 117.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6039.04 - Paid dining assistant registry.

71-6039.04.
Paid dining assistant registry.
The department shall maintain a paid dining assistant registry and shall include in the registry individuals who have successfully completed a paid dining assistant course of training and a competency evaluation program.
Source
Laws 2004, LB 1005, § 118.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6039.05 - Paid dining assistant; nursing home; duties.

71-6039.05.
Paid dining assistant; nursing home; duties.
Each nursing home shall maintain (1) a record of all paid dining assistants employed by such facility, (2) verification of successful completion of a training course for each paid dining assistant, and (3) verification that the facility has made checks with the Nurse Aide Registry, the Adult Protective Services Central Registry, and the central registry created in section 28-718, if applicable under section 71-6039.01, with respect to each paid dining assistant.
Source
Laws 2004, LB 1005, § 119;
Laws 2014, LB853, § 48.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6039.06 - Eligibility for Licensee Assistance Program.

71-6039.06.
Eligibility for Licensee Assistance Program.
Nurse aides and paid dining assistants are eligible to participate in the Licensee Assistance Program as prescribed by section 38-175.
Source
Laws 2007, LB463, § 1240;
Laws 2017, LB417, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6040 - Department; approve programs and materials.

71-6040.
Department; approve programs and materials.
The department shall approve all courses, lectures, seminars, course materials, or other instructional programs used to meet the requirements of sections 71-6038 to 71-6042.
Source
Laws 1983, LB 273, § 3;
Laws 1996, LB 1044, § 750;
Laws 2004, LB 1005, § 112;
Laws 2007, LB463, § 1237.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6041 - Department; adopt rules and regulations.

71-6041.
Department; adopt rules and regulations.
To protect the health, safety, and welfare of nursing home residents and the public, the department shall adopt and promulgate such rules and regulations as are necessary for the effective administration of sections 71-6038 to 71-6042. Such rules and regulations shall be consistent with federal requirements developed by the United States Department of Health and Human Services.
Source
Laws 1983, LB 273, § 4;
Laws 1994, LB 1210, § 150;
Laws 1996, LB 1044, § 751;
Laws 2004, LB 1005, § 113;
Laws 2007, LB463, § 1238.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6042 - Chief medical officer; enforcement; powers.

71-6042.
Chief medical officer; enforcement; powers.
The chief medical officer as designated in section 81-3115 shall have the authority to enforce sections 71-6038 to 71-6042 and rules and regulations adopted under section 71-6041 by any of the following means: Denial, suspension, restriction, or revocation of a nursing home's license, refusal of the renewal of a nursing home's license, restriction of a nursing home's admissions, or any other enforcement provision granted to the department.
Source
Laws 1983, LB 273, § 5;
Laws 2004, LB 1005, § 114;
Laws 2007, LB296, § 643;
Laws 2007, LB463, § 1239.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6201 - Act, how cited.

71-6201.
Act, how cited.
Sections 71-6201 to 71-6229 shall be known and may be cited as the Nebraska Regulation of Health Professions Act.
Source
Laws 1985, LB 407, § 1;
Laws 1988, LB 384, § 1;
Laws 1993, LB 536, § 102;
Laws 2012, LB834, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6202 - Purpose of act.

71-6202.
Purpose of act.
The purpose of the Nebraska Regulation of Health Professions Act is to establish guidelines for the regulation of health professions which are not licensed or regulated and those licensed or regulated health professions which seek to change their scope of practice. The Legislature believes that all individuals should be permitted to provide a health service, a health-related service, or an environmental service unless there is an overwhelming need for the state to protect the public from harm.
Source
Laws 1985, LB 407, § 2;
Laws 2012, LB834, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6203 - Definitions, where found.

71-6203.
Definitions, where found.
For purposes of the Nebraska Regulation of Health Professions Act, unless the context otherwise requires, the definitions found in sections 71-6204 to 71-6220.01 shall be used.
Source
Laws 1985, LB 407, § 3;
Laws 1988, LB 384, § 2;
Laws 1993, LB 536, § 103;
Laws 2012, LB834, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6204 - Applicant group, defined.

71-6204.
Applicant group, defined.
Applicant group shall mean any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not previously regulated be regulated by the division or which proposes to change the scope of practice of a regulated health profession.
Source
Laws 1985, LB 407, § 4;
Laws 2012, LB834, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6206 - Certificate or certification, defined.

71-6206.
Certificate or certification, defined.
Certificate or certification shall mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by such regulatory entity and who may assume or use certified in the title or designation to perform prescribed tasks.
Source
Laws 1985, LB 407, § 6;
Laws 2012, LB834, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6207.02 - Directed review, defined.

71-6207.02.
Directed review, defined.
Directed review shall mean a review conducted pursuant to section 71-6223.02 in which (1) there is no applicant group or application, (2) the duty of the committee is to formulate an initial proposal on the issues subject to review, and (3) the duty of the board and the director is to evaluate the proposal using the appropriate criteria and to make recommendations to the Legislature.
Source
Laws 1993, LB 536, § 105;
Laws 2015, LB90, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6208 - Director, defined.

71-6208.
Director, defined.
Director shall mean the Director of Public Health of the Division of Public Health of the Department of Health and Human Services.
Source
Laws 1985, LB 407, § 8;
Laws 1996, LB 1044, § 758;
Laws 2007, LB296, § 652;
Laws 2012, LB834, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6209 - Grandfather clause, defined.

71-6209.
Grandfather clause, defined.
Grandfather clause shall mean a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
Source
Laws 1985, LB 407, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6210 - Health profession, defined.

71-6210.
Health profession, defined.
Health profession shall mean a vocation involving health services, health-related services, or environmental services requiring specialized knowledge and training. Health profession does not include the vocation of duly recognized members of the clergy acting in their ministerial capacity.
Source
Laws 1985, LB 407, § 10;
Laws 2012, LB834, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6211 - Health professional group not previously regulated, defined.

71-6211.
Health professional group not previously regulated, defined.
Health professional group not previously regulated shall mean those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:
(1) Preventing physical, mental, or emotional injury or illness, excluding persons acting in their capacity as clergy;
(2) Facilitating recovery from injury or illness;
(3) Providing rehabilitative or continuing care following injury or illness; or
(4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.
Source
Laws 1985, LB 407, § 11;
Laws 2007, LB463, § 1241;
Laws 2012, LB834, § 11.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6212 - Inspection, defined.

71-6212.
Inspection, defined.
Inspection shall mean the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner's occupation is being carried out in a manner consistent with the public health, safety, and welfare.
Source
Laws 1985, LB 407, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6213 - License, licensing, or licensure, defined.

71-6213.
License, licensing, or licensure, defined.
License, licensing, or licensure shall mean permission to engage in a health profession which would otherwise be unlawful in this state in the absence of such permission and which is granted to individuals who meet prerequisite qualifications and allows them to perform prescribed tasks and use a particular title.
Source
Laws 1985, LB 407, § 13;
Laws 2012, LB834, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6214 - Professional license, defined.

71-6214.
Professional license, defined.
Professional license shall mean an individual nontransferable authorization to work in a health profession based on qualifications which include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations.
Source
Laws 1985, LB 407, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6216 - Public member, defined.

71-6216.
Public member, defined.
Public member shall mean an individual who is not, and never was, a member of the health profession being regulated, the spouse of a member, or an individual who does not have and never has had a material financial interest in the health profession being regulated or an activity directly related to the health profession being regulated.
Source
Laws 1985, LB 407, § 16;
Laws 2012, LB834, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6217 - Registration, defined.

71-6217.
Registration, defined.
Registration shall mean the formal notification which, prior to rendering services, a practitioner submits to a state agency setting forth the name and address of the practitioner, the location, nature, and operation of the health activity to be practiced, and such other information which is required by the regulatory entity. A registered practitioner may be subject to discipline and standards of professional conduct established by the regulatory entity and may be required to meet any test of education, experience, or training in order to render services.
Source
Laws 1985, LB 407, § 17;
Laws 1988, LB 384, § 5;
Laws 2012, LB834, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6218 - Regulated health professions, defined.

71-6218.
Regulated health professions, defined.
Regulated health professions shall mean those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:
(1) Preventing physical, mental, or emotional injury or illness;
(2) Facilitating recovery from injury or illness;
(3) Providing rehabilitative or continuing care following injury or illness; or
(4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.
Source
Laws 1985, LB 407, § 18;
Laws 2007, LB463, § 1242;
Laws 2012, LB834, § 15.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6219 - Regulatory entity, defined.

71-6219.
Regulatory entity, defined.
Regulatory entity shall mean any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
Source
Laws 1985, LB 407, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-6220 - State agency, defined.

71-6220.
State agency, defined.
State agency shall include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency.
Source
Laws 1985, LB 407, § 20;
Laws 1991, LB 81, § 5.