reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-336 - Department; mental health board; forms; rules and regulations.

83-336.
Department; mental health board; forms; rules and regulations.
The Department of Health and Human Services shall provide the mental health boards with blanks for warrants, certificates, and other forms, such as will enable them to comply with sections 83-313 to 83-357, and also with printed copies of the applicable rules and regulations of the department.
Source
G.S.1873, c. 31, § 55, p. 425;
R.S.1913, § 7277;
C.S.1922, § 6933;
C.S.1929, § 83-738;
R.S.1943, § 83-336;
Laws 1947, c. 335, § 26, p. 1066;
Laws 1969, c. 818, § 19, p. 3122;
Laws 1996, LB 1155, § 89;
Laws 1997, LB 307, § 225;
Laws 2004, LB 1083, § 133;
Laws 2007, LB296, § 788.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-338 - State hospitals for the mentally ill; order of admission when facilities are limited; Lincoln Regional Center; minimum number of beds; state-operated mental health facilities; weekly report.

83-338.
State hospitals for the mentally ill; order of admission when facilities are limited; Lincoln Regional Center; minimum number of beds; state-operated mental health facilities; weekly report.
(1) If at any time it becomes necessary, for lack of capacity or other cause, to establish priorities for the admission of patients into the state hospitals for the mentally ill, admission shall be limited to: (a) Patients whose care in the state hospital is necessary in order to protect the public health and safety; (b) defendants who are determined by a court to be incompetent to stand trial and who remain lodged in the county jail; (c) patients committed by a mental health board under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act or by a district court; (d) patients who are most likely to be benefited by treatment in the state hospitals, regardless of whether such patients are committed by a mental health board or whether such patients seek voluntary admission to one of the state hospitals; and (e) when cases are equally meritorious, in all other respects, patients who are indigent.
(2) The Lincoln Regional Center shall provide a minimum number of beds equal to the following percentages of total available capacity:
(a) Ten percent for patients entering the facility pursuant to subdivision (1)(a) of this section;
(b) Ten percent for patients entering the facility pursuant to subdivision (1)(b) of this section;
(c) Thirty percent for patients entering the facility pursuant to subdivision (1)(c) of this section;
(d) Ten percent for patients entering the facility pursuant to subdivision (1)(d) of this section;
(e) Ten percent for patients entering the facility pursuant to subdivision (1)(e) of this section; and
(f) Thirty percent to remain unallocated for the Department of Health and Human Services to allocate according to the priorities established in subsection (1) of this section as needed to reduce existing waiting lists.
(3) Beginning on or before November 1, 2022, the Department of Health and Human Services shall make available on its website a weekly report on the capacity and status of state-operated mental health facilities, including, but not limited to, the capacity and wait times associated with each priority category established in subsection (1) of this section.
Source
G.S.1873, c. 31, § 37, p. 420;
R.S.1913, § 7263;
C.S.1922, § 6920;
C.S.1929, § 83-725;
R.S.1943, § 83-338;
Laws 1947, c. 335, § 28, p. 1068;
Laws 2004, LB 1083, § 134;
Laws 2006, LB 1199, § 100;
Laws 2022, LB921, § 3.
Cross References
Nebraska Mental Health Commitment Act, see section 71-901.
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-340 - State hospitals for the mentally ill; voluntary patient; discharge; when.

83-340.
State hospitals for the mentally ill; voluntary patient; discharge; when.
Any voluntary patient in a state hospital for the mentally ill who no longer meets the clinical and legal requirements for treatment at such hospital shall be discharged by the chief executive officer of such hospital.
Source
G.S.1873, c. 31, § 42, p. 421;
R.S.1913, § 7268;
C.S.1922, § 6923;
C.S.1929, § 83-728;
R.S.1943, § 83-340;
Laws 1947, c. 335, § 30, p. 1068;
Laws 1963, c. 526, § 9, p. 1652;
Laws 1969, c. 818, § 21, p. 3122;
Laws 1981, LB 95, § 3;
Laws 1996, LB 1155, § 91;
Laws 1997, LB 307, § 227;
Laws 2004, LB 1083, § 135.
Annotations
Any patient who is cured should be immediately discharged. State v. Noll, 171 Neb. 831, 108 N.W.2d 108 (1961).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-348 - State hospitals for the mentally ill; patients whose legal settlement has not been ascertained; state to bear expense.

83-348.
State hospitals for the mentally ill; patients whose legal settlement has not been ascertained; state to bear expense.
Patients in the state hospitals for the mentally ill having no legal settlement in this state, or whose legal settlement cannot be ascertained, shall be supported at the expense of the state. This section shall apply to all such patients now in the hospitals and shall include expenses already incurred and remaining unpaid. The Department of Health and Human Services may authorize the removal of any such patient at the expense of the state.
Source
G.S.1873, c. 31, § 27, p. 417;
R.S.1913, § 7254;
C.S.1922, § 6911;
C.S.1929, § 83-716;
R.S.1943, § 83-348;
Laws 1947, c. 335, § 36, p. 1071;
Laws 1969, c. 818, § 22, p. 3123;
Laws 1996, LB 1044, § 944;
Laws 2007, LB296, § 789.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-349 - State hospitals for the mentally ill; adjustment of expense between counties; notice; inquiry; effect of delay.

83-349.
State hospitals for the mentally ill; adjustment of expense between counties; notice; inquiry; effect of delay.
If the mental health board finds that a person committed to a state hospital for the mentally ill by the board has, or probably has, a legal settlement in some other county in the state, the board shall immediately notify the mental health board of that county of its finding and commitment. The board members so notified shall thereupon inquire and ascertain, if possible, whether the patient has a legal settlement in their county and shall immediately notify the chief executive officer of the hospital and the board members of the county from which the patient was committed of the result of their inquiry. If the legal settlement of a patient cannot for a time be ascertained and is afterwards found, the notices provided for in this section shall then be given.
Source
G.S.1873, c. 31, § 24, p. 416;
R.S.1913, § 7251;
C.S.1922, § 6908;
C.S.1929, § 83-713;
R.S.1943, § 83-349;
Laws 1947, c. 335, § 37, p. 1071;
Laws 2004, LB 1083, § 136.
Annotations
Notice is required to be given after commitment and not before. County of Kearney v. County of Buffalo, 167 Neb. 117, 91 N.W.2d 304 (1958).
Legal settlement of an insane person is the political subdivision primarily liable for his support. Clay County v. Adams County, 69 Neb. 106, 95 N.W. 58 (1903).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-350 - State hospitals for the mentally ill; legal settlement of patient in another county; treatment.

83-350.
State hospitals for the mentally ill; legal settlement of patient in another county; treatment.
When the chief executive officer of a state hospital for the mentally ill has been notified, as provided for in sections 83-313 to 83-357, that a patient sent to the hospital from one county has a legal settlement in another county of the state, the chief executive officer shall thereafter hold and treat such patient as from the latter county.
Source
G.S.1873, c. 31, § 25, p. 417;
R.S.1913, § 7252;
C.S.1922, § 6909;
C.S.1929, § 83-714;
R.S.1943, § 83-350;
Laws 1947, c. 335, § 38, p. 1072;
Laws 1969, c. 812, § 23, p. 3058;
Laws 2004, LB 1083, § 137.
Annotations
County of legal settlement means the county in which a person had a residence at the time of becoming incompetent. County of Kearney v. County of Buffalo, 167 Neb. 117, 91 N.W.2d 304 (1958).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-351 - Expenses; adjustment between counties; patients transferred from a state institution.

83-351.
Expenses; adjustment between counties; patients transferred from a state institution.
Expenses incurred by one county, on account of a mentally ill and dangerous person or a dangerous sex offender as defined in section 83-174.01 whose legal settlement is in another county of the state, shall be refunded, with lawful interest thereon, by the county in which the mentally ill and dangerous person or dangerous sex offender has his or her legal settlement. Such expenses shall be presented to the county board of the county sought to be charged, which shall allow and pay them the same as other claims. Whenever a patient of any facility over which the Department of Health and Human Services has control has been adjudicated a mentally ill and dangerous person or a dangerous sex offender as defined in section 83-174.01 and committed to a state hospital for the mentally ill, and the expenses of the adjudication and commitment have been paid by the county in which the institution is located, the county clerk of that county shall certify the total amount of the expenses thus incurred to the Department of Health and Human Services. The department shall audit the expenses so certified and shall file a statement of the amount found due with the Director of Administrative Services, and a warrant shall be drawn on the General Fund in favor of the county from which the mentally ill and dangerous person or dangerous sex offender was committed.
Source
G.S.1873, c. 31, § 26, p. 417;
R.S.1913, § 7253;
Laws 1919, c. 100, § 1, p. 252;
C.S.1922, § 6910;
C.S.1929, § 83-715;
R.S.1943, § 83-351;
Laws 1947, c. 335, § 39, p. 1072;
Laws 1976, LB 806, § 26;
Laws 1996, LB 1044, § 945;
Laws 2004, LB 1083, § 138;
Laws 2006, LB 1199, § 101.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-354 - State hospitals for the mentally ill; equal treatment; special care at private expense.

83-354.
State hospitals for the mentally ill; equal treatment; special care at private expense.
All patients in the state hospitals for the mentally ill shall be regarded as standing on an equal footing. The patients, according to their different conditions of mind and body and their respective needs, shall be provided for and treated with equal care. If the relatives or immediate friends of any patient desire special care and pay the expenses thereof, such patient shall have special care and shall be provided with a special attendant as may be agreed upon with the chief executive officer. In such cases the charges for the special care and attendance shall be paid quarterly in advance.
Source
G.S.1873, c. 31, § 28, p. 417;
R.S.1913, § 7255;
C.S.1922, § 6912;
C.S.1929, § 83-717;
R.S.1943, § 83-354;
Laws 1947, c. 335, § 41, p. 1073;
Laws 2004, LB 1083, § 139.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-355 - State hospitals for the mentally ill; admission of nonresidents; expenses paid quarterly in advance.

83-355.
State hospitals for the mentally ill; admission of nonresidents; expenses paid quarterly in advance.
Mentally ill persons from other states and territories may be admitted to the state hospitals for the mentally ill upon equal footing and on same conditions as private-pay patients. The sum to be paid monthly for the care, maintenance, and treatment of such patients shall be fixed by the Department of Health and Human Services and shall be collected quarterly in advance by the stewards of the hospitals and accounted for the same as other funds in their hands belonging to the State of Nebraska.
Source
G.S.1873, c. 31, § 57, p. 425;
R.S.1913, § 7279;
C.S.1922, § 6935;
C.S.1929, § 83-740;
R.S.1943, § 83-355;
Laws 1947, c. 335, § 42, p. 1073;
Laws 1996, LB 1044, § 946.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-356 - Mentally ill persons; mistreatment; liability; penalty.

83-356.
Mentally ill persons; mistreatment; liability; penalty.
Any person taking care of a mentally ill person, and restraining such a person, either with or without authority, who shall treat such person with wanton severity, harshness or cruelty, or shall in any way abuse such a person, shall be guilty of a Class V misdemeanor and shall also be liable in an action for all damages sustained by such mentally ill person.
Source
G.S.1873, c. 31, § 34, p. 418;
R.S.1913, § 7261;
C.S.1922, § 6918;
C.S.1929, § 83-723;
R.S.1943, § 83-356;
Laws 1947, c. 335, § 43, p. 1074;
Laws 1959, c. 442, § 9, p. 1490;
Laws 1977, LB 39, § 312.
Annotations
This section does not create a criminal offense for lack of a penalty. Redding v. State, 165 Neb. 307, 85 N.W.2d 647 (1957).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-357 - Persons supposed mentally ill; liberty not to be restricted; exception.

83-357.
Persons supposed mentally ill; liberty not to be restricted; exception.
The liberty of any person supposed to be mentally ill shall not be restrained by any person not acting under the authority of the county board of mental health except to the extent for the period that may be necessary for the safety of persons and property, and until authority can be obtained.
Source
G.S.1873, c. 31, § 33, p. 418;
R.S.1913, § 7260;
C.S.1922, § 6917;
C.S.1929, § 83-722;
R.S.1943, § 83-357;
Laws 1947, c. 335, § 44, p. 1074.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-363 - Terms, defined.

83-363.
Terms, defined.
As used in sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380, unless the context otherwise requires:
(1) Department means the Department of Health and Human Services;
(2) State institution means the state hospitals at Lincoln and Norfolk, the Beatrice State Developmental Center, and such other institutions as may hereafter be established by the Legislature for the care and treatment of persons with a mental disorder or persons with an intellectual disability;
(3) Relative means the spouse of a patient or, if the patient has no spouse and is under the age of majority at the time he or she is admitted, the parents of a patient in a state institution; and
(4) Parents means either or both of a patient's natural parents unless such patient has been legally adopted by other parents, in which case parents means either or both of the adoptive parents.
Source
Laws 1969, c. 812, § 1, p. 3051;
Laws 1975, LB 466, § 6;
Laws 1986, LB 1177, § 46;
Laws 1996, LB 1044, § 947;
Laws 2007, LB296, § 790;
Laws 2013, LB23, § 52;
Laws 2021, LB401, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-364 - Cost of patient care; liability of patient and relatives.

83-364.
Cost of patient care; liability of patient and relatives.
When any person is admitted to a state institution or other inpatient treatment facility pursuant to an order of a mental health board under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act or receives treatment prescribed by such institution or facility following release or without being admitted as a resident patient, the patient and the patient's relatives shall be liable for the cost of the care, support, maintenance, and treatment of such person to the extent and in the manner provided by sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380. Such sections also shall apply to persons admitted to a state institution as transferees from any state penal institution or youth rehabilitation and treatment center but only after the expiration of the time for which the transferees were originally sentenced or committed.
Source
Laws 1969, c. 812, § 2, p. 3052;
Laws 1994, LB 988, § 30;
Laws 2004, LB 1083, § 140;
Laws 2006, LB 1199, § 102;
Laws 2021, LB273, § 9.
Cross References
For other provisions relating to patient expenses, see sections 83-348 to 83-355.
Nebraska Mental Health Commitment Act, see section 71-901.
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-365 - Cost of patient care; department; determine.

83-365.
Cost of patient care; department; determine.
The department shall periodically determine the individual cost, exclusive of the cost of education, for the care, support, maintenance, and treatment of the patients in each state institution and for persons receiving treatment prescribed by an institution following release or without being admitted as a resident patient. In making such determinations, the department may use averaging methods for each institution if, in the judgment of the department, it is not practicable to compute the cost for each patient. The cost of capital expenditures and capital construction shall not be included in making such determinations.
Source
Laws 1969, c. 812, § 3, p. 3052;
Laws 1996, LB 1044, § 948;
Laws 2007, LB296, § 791.
Annotations
There is no requirement that the Department of Health and Human Services offer proof that the cost of the care, support, maintenance, and treatment is fair and reasonable. In re Guardianship of Gaube, 14 Neb. App. 259, 707 N.W.2d 16 (2005).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-366 - Cost of patient care; assess against patient or relatives; limitations.

83-366.
Cost of patient care; assess against patient or relatives; limitations.
The department shall assess against the patient or his or her relatives all or such part of the cost determined under section 83-365 as they are able to pay, in the judgment of the department, except that a patient who is placed in a state institution to receive appropriate special education pursuant to the Special Education Act or his or her relatives shall be assessed only for medical care and medical treatment costs as determined pursuant to rules and regulations adopted and promulgated by the department in accordance with section 83-371.
Source
Laws 1969, c. 812, § 4, p. 3052;
Laws 1985, LB 518, § 8;
Laws 1987, LB 367, § 73;
Laws 2007, LB296, § 792.
Cross References
Special Education Act, see section 79-1110.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-367 - Cost of patient care; relatives; limitation.

83-367.
Cost of patient care; relatives; limitation.
The liability of each relative, except a spouse, shall cease when relatives shall have completed payments assessed pursuant to sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380 for one hundred eighty months, or when the patient attains the age of majority, whichever shall occur first.
Source
Laws 1969, c. 812, § 5, p. 3053;
Laws 1976, LB 620, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-368 - Cost of patient care; ability to pay; factors.

83-368.
Cost of patient care; ability to pay; factors.
Except as provided in section 71-809, the department shall determine the ability of a patient to pay by consideration of the following factors: (1) Taxable income reportable under Nebraska law; (2) the patient's age; (3) the number of his or her dependents and their ages and mental and physical conditions; (4) the patient's length of care or treatment; (5) his or her liabilities; and (6) his or her assets including health insurance coverage.
Source
Laws 1969, c. 812, § 6, p. 3053;
Laws 1985, LB 487, § 2;
Laws 2012, LB871, § 3.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-369 - Cost of patient care; Department of Health and Human Services; determination of ability to pay; factors considered.

83-369.
Cost of patient care; Department of Health and Human Services; determination of ability to pay; factors considered.
When the department determines that a patient is unable to pay the entire cost determined pursuant to section 83-365, the department shall then determine the ability of his relatives to pay such cost. In making this determination, the department shall consider the relative's taxable income reportable under Nebraska law, and the patient's length of care and treatment. At the request of the relative, the department also shall consider other relevant factors in the interest of avoiding undue hardship. Such factors may include the relative's age, provision for his retirement years, his assets, his liabilities, the number of his dependents, and their mental and physical condition and educational requirements.
Source
Laws 1969, c. 812, § 7, p. 3053.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-370 - Cost of patient care; failure to furnish information; effect.

83-370.
Cost of patient care; failure to furnish information; effect.
When any relative willfully fails to furnish to the department, upon request, the information required by sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380 as to his taxable income, such relative shall be deemed to have ability to pay the entire cost determined under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380.
Source
Laws 1969, c. 812, § 8, p. 3053.
Annotations
The presumption of ability to pay under this section does not extend to a patient who fails to provide the necessary financial information. The Department of Public Institutions was without authority to fashion such a rule. State ex rel. Spire v. Stodola, 228 Neb. 107, 421 N.W.2d 436 (1988).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-371 - Department; rules and regulations; adopt.

83-371.
Department; rules and regulations; adopt.
Pursuant to the provisions of the Administrative Procedure Act, the department shall adopt appropriate rules and regulations for making the determinations required by sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380.
Source
Laws 1969, c. 812, § 9, p. 3053.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-372 - Cost of patient care; county board; duties.

83-372.
Cost of patient care; county board; duties.
It shall be the duty of the county board in each county to make such investigation as the department may require with regard to the ability to pay of any patient or relative of a patient who resides within the county. In making such investigation, the county board shall act in accordance with the rules and regulations of the department and shall promptly submit the required information to the department.
Source
Laws 1969, c. 812, § 10, p. 3053;
Laws 1989, LB 32, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-373 - Cost of patient care; determination; redetermination annually.

83-373.
Cost of patient care; determination; redetermination annually.
Any determination of the ability of a patient or relative to pay shall remain in effect until a redetermination is made. A redetermination shall be made annually and at such additional times when, in the judgment of the department, it is appropriate to do so, or when a request is made by the patient or relative who is liable for the payments.
Source
Laws 1969, c. 812, § 11, p. 3054;
Laws 2007, LB296, § 793.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-374 - Cost of patient care; hearing; appeal.

83-374.
Cost of patient care; hearing; appeal.
Any patient or relative aggrieved by a determination of ability to pay may request a hearing before the department. The department shall adopt and promulgate rules and regulations to govern the conduct of such hearings. The department may appoint an examiner who shall have power to preside at such hearing, administer oaths, examine witnesses, and take testimony and shall report the same to the department. Such hearings shall be held in the county in which the person requesting the hearing resides, if such person so requests, in which event it shall be the duty of the county board to attend such hearing. The department shall deliver the decision within sixty days after the conclusion of the hearing. Any patient or relative aggrieved by a decision following a hearing may appeal such decision, and such appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 812, § 12, p. 3054;
Laws 1988, LB 352, § 183;
Laws 1989, LB 32, § 3;
Laws 2007, LB296, § 794.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-375 - Cost of patient care; failure to pay; action by Attorney General.

83-375.
Cost of patient care; failure to pay; action by Attorney General.
When any patient or relative fails to pay the amounts determined to be due under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380, the state of Nebraska may proceed against such person in the manner authorized by law for the recovery of money owed to a creditor. The Attorney General shall represent the state in such actions, but may authorize the county attorney for the county in which such person resides or owns property to investigate and prosecute the action on behalf of the state.
Source
Laws 1969, c. 812, § 13, p. 3054.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-376 - Cost of patient care; failure of patient or relative to pay; cost to be paid by county and state.

83-376.
Cost of patient care; failure of patient or relative to pay; cost to be paid by county and state.
When the full cost determined to be necessary for the care, support, maintenance, and treatment of any patient is not paid by the patient or his or her relatives within thirty days of receipt of such care, (1) the county in which the patient resides shall pay (a) the first fifteen dollars per day of the unpaid cost for each of the first thirty days at the Hastings Regional Center, the Lincoln Regional Center, the Norfolk Regional Center, or other inpatient treatment facility where the patient is receiving inpatient treatment pursuant to an order of a mental health board under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, (b) the first ten dollars per day of the unpaid cost for each of the first thirty days at the Beatrice State Developmental Center, and (c) the first three dollars per day of the unpaid costs for each day after the first thirty days at any such institution, (2) the balance of the unpaid cost shall be borne by the state, and (3) the county in which the patient resides shall be credited by the department for amounts collected from such patient or his or her relatives in excess of the portion of such costs borne by the state.
Source
Laws 1969, c. 812, § 14, p. 3055;
Laws 1971, LB 1012, § 1;
Laws 1987, LB 112, § 5;
Laws 1996, LB 1044, § 949;
Laws 2004, LB 1083, § 141;
Laws 2006, LB 1199, § 103;
Laws 2007, LB296, § 795.
Cross References
Nebraska Mental Health Commitment Act, see section 71-901.
Sex Offender Commitment Act, see section 71-1201.
Annotations
The transfer of control of the Nebraska Psychiatric Institute from the Department of Public Institutions did not impliedly repeal county liability under section 83-376 for patients treated at the Nebraska Psychiatric Institute. County of Douglas v. Board of Regents, 210 Neb. 573, 316 N.W.2d 62 (1982).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-377 - Cost of patient care; guardian; duties; liability.

83-377.
Cost of patient care; guardian; duties; liability.
In all cases in which a guardian has been named for any person liable for payments under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380, the guardian shall represent such person in all matters arising under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380 and shall be liable in the same manner as he would be on any other matters arising from the guardianship.
Source
Laws 1969, c. 812, § 15, p. 3055.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-378 - Cost of patient care; claim against estate; voluntary payments.

83-378.
Cost of patient care; claim against estate; voluntary payments.
No person shall be liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in sections 83-363 to 83-380, but the amounts determined to be due and unpaid at the time of the death of a patient or relative shall constitute a claim against the estate of such patient or relative. The department may accept voluntary payments on behalf of any patient from any person who is not liable for payments.
Source
Laws 1969, c. 812, § 16, p. 3055;
Laws 1992, LB 858, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-379 - Cost of patient care; fraudulent transfers; effect.

83-379.
Cost of patient care; fraudulent transfers; effect.
In the absence of fraud, a patient and his relatives shall be liable only to the extent of assessments actually made against them respectively, in accordance with sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380. For the purposes of sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-380, it shall be deemed fraudulent for any patient or his relatives to transfer any assets or property to another person for the purpose of affecting the determination of ability to pay. When it is determined that such a fraudulent transfer has been made, the department shall consider the value of such assets or property transferred in determining the ability to pay under section 83-368 or 83-369.
Source
Laws 1969, c. 812, § 17, p. 3055;
Laws 2007, LB296, § 796.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-380 - Cost of patient care; Director of Administrative Services; notify county clerk of amount due; levy; disbursement; withholding of funds by state.

83-380.
Cost of patient care; Director of Administrative Services; notify county clerk of amount due; levy; disbursement; withholding of funds by state.
Within thirty days after June 30, 1971, and each year thereafter, the department shall certify to the Director of Administrative Services all amounts not previously certified due to each state institution from the several counties having patients chargeable thereto. The Director of Administrative Services shall thereupon notify the county clerk of each county of the amount each county owes. The county board shall add to its next levy an amount sufficient to raise the amount certified as due. The county shall pay the amount certified into the state treasury on or before the next June 1 following such certification.
Source
Laws 1969, c. 812, § 18, p. 3056;
Laws 1971, LB 1012, § 2;
Laws 1996, LB 1044, § 950;
Laws 2007, LB296, § 797;
Laws 2009, LB218, § 10;
Laws 2011, LB383, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-380.01 - Indigent outpatient; prescription medicine; Department of Health and Human Services; pay costs; when.

83-380.01.
Indigent outpatient; prescription medicine; Department of Health and Human Services; pay costs; when.
Upon the discharge from a treatment facility, an indigent person who has received mental-health-board-ordered treatment may file an affidavit with the Department of Health and Human Services or the mental health board requesting that prescription medicine which the regional center treating psychiatrist or the patient's treating physician has prescribed as necessary for the patient's mental health treatment be provided to him or her. Such affidavit shall include the following: (1) That the patient qualifies as an indigent person who is unable to pay under the same standards of ability to pay as set forth in sections 83-363 to 83-380; and (2) that such prescription medicine has been prescribed by the regional center's treatment psychiatrist or the patient's treating physician as necessary for the patient's mental health treatment. The mental health board shall refer such requests it receives to the Department of Health and Human Services and the department shall provide such prescription medicine as may be necessary for such former patient's mental health treatment so long as he or she remains an outpatient and his or her treating physician continues to prescribe and certify that such prescription medicine is necessary for the patient's mental health treatment and he or she continues to be an indigent person as determined under the same standards of ability to pay as set forth in sections 83-363 to 83-380. The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out the provisions of this section in accordance with the Administrative Procedure Act, including, but not limited to, hearings necessary to determine whether such person is qualified to receive such medications and whether such medication is necessary for the patient's mental health treatment.
Source
Laws 1981, LB 95, § 25;
Laws 1996, LB 1044, § 951.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-381 - Terms, defined.

83-381.
Terms, defined.
As used in sections 83-217, 83-218, and 83-381 to 83-390, unless the context otherwise requires:
(1) Person with an intellectual disability means any person of significant subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a score of seventy or below on a properly administered and valid intelligence quotient test;
(2) Department means the Department of Health and Human Services or such person or agency within the Department of Health and Human Services as the chief executive officer of the department may designate; and
(3) Residential facility means an institution specified under section 83-217 to provide residential care by the State of Nebraska for persons with an intellectual disability.
Source
Laws 1969, c. 816, § 1, p. 3064;
Laws 1986, LB 1177, § 47;
Laws 1996, LB 1044, § 952;
Laws 2007, LB296, § 798;
Laws 2013, LB23, § 53;
Laws 2016, LB1039, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-382 - Residential facilities; admission; department; jurisdiction.

83-382.
Residential facilities; admission; department; jurisdiction.
Except as provided in sections 79-1148 and 79-1149, the department shall have jurisdiction of the admission of persons with an intellectual disability to a residential facility. Applications for admission to a residential facility shall be filed with the department.
Source
Laws 1969, c. 816, § 2, p. 3064;
Laws 1981, LB 499, § 42;
Laws 1986, LB 1177, § 48;
Laws 1987, LB 367, § 74;
Laws 1996, LB 900, § 1067;
Laws 1996, LB 1044, § 953;
Laws 2007, LB296, § 799;
Laws 2013, LB23, § 54.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-383 - Residential facilities; admission; application; by whom; appointment of guardian.

83-383.
Residential facilities; admission; application; by whom; appointment of guardian.
(1) An application for admission shall be made in writing by one of the following persons:
(a) If the person applying for admission has a court-appointed guardian, the application shall be made by the guardian; and
(b) If the person applying for admission does not have a court-appointed guardian and has not reached the age of majority, as established by section 43-2101, as such section may from time to time be amended, the application shall be made by both parents if they are living together or by the parent having custody of such person if both parents are not then living or are not then living together.
(2) The county court of the county of residence of any person with an intellectual disability or the county court of the county in which a state residential facility is located shall have authority to appoint a guardian for any person with an intellectual disability upon the petition of the husband, wife, parent, person standing in loco parentis to such person, a county attorney, or any authorized official of the department. If the guardianship proceedings are initiated by an official of the department, the costs thereof may be taxed to and paid by the department if the person with an intellectual disability is without means to pay the costs. The department shall pay such costs upon presentation of a proper claim by the judge of the county court in which the proceedings were initiated. The costs of such proceedings shall include court costs, attorneys' fees, sheriffs' fees, psychiatric fees, and other necessary expenses of the guardianship.
Source
Laws 1969, c. 816, § 3, p. 3064;
Laws 1982, LB 264, § 1;
Laws 1986, LB 1177, § 49;
Laws 1988, LB 790, § 36;
Laws 1996, LB 1044, § 954;
Laws 2007, LB296, § 800;
Laws 2013, LB23, § 55.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-384 - Residential facilities; application for admission; contents.

83-384.
Residential facilities; application for admission; contents.
An application for admission to a residential facility shall contain the name, age, and place of residence of the person for whom admission is requested. The application shall set forth the name of the person submitting the application and the capacity in which he or she makes the application. The application shall contain authorization for the department to obtain all relevant medical records and information concerning the person for whom admission is requested.
Source
Laws 1969, c. 816, § 4, p. 3065;
Laws 2007, LB296, § 801.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-385 - Residential facilities; application for admission; referral; return of findings.

83-385.
Residential facilities; application for admission; referral; return of findings.
Upon receipt of an application for admission, the department shall refer the person for whom admission is requested to an agency or person specially qualified in the diagnosis of mental or related conditions for examination and evaluation. Within fourteen days of referral, the agency or person making such examination and evaluation shall return the findings of the examination and evaluation to the department. The findings and evaluation may also include recommendations with respect to the placement of the person for whom admission is requested in a residential facility. The department may require further examination of the person for whom admission is requested.
Source
Laws 1969, c. 816, § 5, p. 3065;
Laws 2007, LB296, § 802.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-386 - Residential facilities; admission; selection by department; priority.

83-386.
Residential facilities; admission; selection by department; priority.
The department shall examine all information concerning the person for whom admission is requested and shall determine therefrom whether the person is a person with an intellectual disability and whether residence in the residential facility is necessary for the welfare, care, treatment, or training of such person. Such determination shall be made in writing and shall set forth the reasons for the determination. If at any time it shall become necessary, for want of room or other cause, to discriminate in the admission of persons with an intellectual disability to residential facilities, the selection shall be made as follows: (1) Persons whose care is necessary in order to protect themselves or the public health and safety; (2) persons who are most likely to be benefited thereby; (3) persons shall next be admitted in the order in which their applications for admission have been filed with the department; and (4) when cases are equally meritorious in all other respects, an indigent person or a person from an indigent family shall be given preference.
Source
Laws 1969, c. 816, § 6, p. 3065;
Laws 1986, LB 1177, § 50;
Laws 2007, LB296, § 803;
Laws 2013, LB23, § 56.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-387 - Residential facilities; patient; discharge or transfer; notice; responsibility of department.

83-387.
Residential facilities; patient; discharge or transfer; notice; responsibility of department.
At such time as the department determines that continued residence in a residential facility will no longer benefit a person with an intellectual disability, the department shall arrange for the discharge or transfer of such person from the residential facility. The department shall give reasonable notice to the person authorized to make an application for admission for such person under subsection (1) of section 83-383 that the department intends to discharge or transfer such person. The department shall also be responsible for the placement of such person in any other available program or facility and in the development of other methods for the care, treatment, and training of such person.
Source
Laws 1969, c. 816, § 7, p. 3066;
Laws 1986, LB 1177, § 51;
Laws 2007, LB296, § 804;
Laws 2013, LB23, § 57.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-388 - Residential facilities; detention after the age of majority.

83-388.
Residential facilities; detention after the age of majority.
No person admitted to a residential facility upon the application of his or her parent or parents shall be detained in a residential facility after attaining the age of majority as established by section 43-2101, as such section may from time to time be amended, unless a guardian for such person makes an application for continued residence for such person in the facility under section 83-383 or such person is committed as provided by law for involuntary commitments.
Source
Laws 1969, c. 816, § 8, p. 3066;
Laws 1981, LB 499, § 43;
Laws 1982, LB 264, § 2;
Laws 1988, LB 790, § 37.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-389 - Residential facility; person with an intellectual disability; removal; notice; procedure.

83-389.
Residential facility; person with an intellectual disability; removal; notice; procedure.
A person admitted to a residential facility under the provisions of sections 83-217, 83-218, and 83-381 to 83-390 shall be immediately discharged from the residential facility after notice of intention to remove the person with an intellectual disability has been given by the person authorized to make an application for admission under subsection (1) of section 83-383 and the normal discharge procedures are completed.
Source
Laws 1969, c. 816, § 9, p. 3066;
Laws 1986, LB 1177, § 52;
Laws 2013, LB23, § 58.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-390 - Residential facilities; persons admitted; rights retained; rules and regulations.

83-390.
Residential facilities; persons admitted; rights retained; rules and regulations.
A person shall not lose his or her rights as a citizen, his or her property rights, or his or her legal capacity by reason of being admitted to a residential facility. The department may make reasonable rules and regulations concerning the exercise of such rights within the residential facility. Every person admitted to a residential facility under sections 83-217, 83-218, and 83-381 to 83-390 shall have an absolute right to communicate with the department, any court, a member of his or her family who does not file a written objection thereto with the department, a physician, or an attorney and to be visited at any reasonable hour by a physician or attorney. The department may make reasonable rules and regulations concerning communication by letter or otherwise with any other person or agency and concerning the right to receive other visitors.
Source
Laws 1969, c. 816, § 10, p. 3067;
Laws 2007, LB296, § 805.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-391 - Terms, defined.

83-391.
Terms, defined.
For purposes of sections 83-108 and 83-391 to 83-393, unless the context otherwise requires:
(1) Department means the Department of Health and Human Services; and
(2) Facility means a skilled nursing care or intermediate care facility.
Source
Laws 1973, LB 536, § 1;
Laws 1996, LB 1044, § 955;
Laws 1996, LB 1155, § 92.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-392 - Skilled nursing care; intermediate care; facilities; establish; operate; administered; license.

83-392.
Skilled nursing care; intermediate care; facilities; establish; operate; administered; license.
The department may establish, operate, and administer skilled nursing care and intermediate care facilities. No such facility shall be established, operated, or administered without having complied with the laws, rules, and regulations establishing standards for construction, maintenance, and operation of such facilities and the care of persons in such facilities, and no such facility shall be established, operated, or administered without a license pursuant to the Health Care Facility Licensure Act.
Source
Laws 1973, LB 536, § 5;
Laws 2000, LB 819, § 159.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-393 - Persons needing care; admission.

83-393.
Persons needing care; admission.
Any person who needs the care provided in a facility shall be eligible for admission to such facility, and admission shall not be restricted to persons who receive services in any other institution operated by the department at the time application is made.
Source
Laws 1973, LB 536, § 6.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-415 - Department of Correctional Services; violence; suppression.

83-415.
Department of Correctional Services; violence; suppression.
When any committed offender offers violence to any officer or employee of the Department of Correctional Services or to any other person or committed offender, or attempts to do any injury to the buildings, or to any workshop or to any appurtenances thereof, or disobeys or resists any reasonable command of an officer or employee, such officers and employees shall use all reasonable means to prevent such violence or injury and to enforce the observance of discipline. No officer or employee shall be liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by him or his order, while performing any duty under this section, unless such act or order was manifestly beyond the scope of the authority of such officer or employee.
Source
Laws 1897, c. 75, § 23, p. 339;
R.S.1913, § 7327;
C.S.1922, § 6987;
C.S.1929, § 83-924;
R.S.1943, § 83-415;
Laws 1969, c. 817, § 76, p. 3109.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-417 - Allow committed offender to escape or have unauthorized visitation or communication; penalty.

83-417.
Allow committed offender to escape or have unauthorized visitation or communication; penalty.
Any person who purposely or knowingly allows any committed offender to escape or, without the approval of the chief executive officer of the facility, allows any offender to be visited, conversed with, comforted, or relieved or conveys to or from any committed offender any communication or article shall be guilty of a Class IV felony.
Source
Laws 1897, c. 75, § 31, p. 340;
R.S.1913, § 7335;
C.S.1922, § 6995;
C.S.1929, § 83-932;
R.S.1943, § 83-417;
Laws 1969, c. 817, § 77, p. 3110;
Laws 1977, LB 39, § 313.
Cross References
Public servant concerned in detention permitting prisoner to escape, penalty for, see section 28-912.
Annotations
Court surmised it doubtful this section was designed to reach transactions between or among inmates, but rather, between civilians and inmates. Sell v. Parratt, 548 F.2d 753 (8th Cir. 1977).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-420 - Federal prisoners; expenses.

83-420.
Federal prisoners; expenses.
The Director of Correctional Services shall receive, safely keep, and subject to the discipline of the Department of Correctional Services, any criminal convicted of any crime against the United States, and sentenced to confinement therein by any court of the United States sitting within this state, until such sentence is executed or until such offender is discharged by due course of law. The United States shall support such offender and pay the expenses of executing his sentence.
Source
Laws 1897, c. 75, § 26, p. 339;
R.S.1913, § 7330;
C.S.1922, § 6990;
C.S.1929, § 83-927;
R.S.1943, § 83-420;
Laws 1969, c. 817, § 78, p. 3110.