reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1529 - Legislative findings and declarations.

68-1529.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) The family is vital to the fundamental development of each person in the State of Nebraska;
(2) A growing number of families are searching for ways to provide supports for disabled family members in the home rather than placing them in state or private institutional or residential facilities;
(3) The informal support of family caregivers is the backbone of the system of long-term care services, and the assistance provided to a person with a disability is critical to the financial well-being of the state, particularly when such assistance helps to defer a more costly institutional or residential placement;
(4) Necessary services should be available to families caring for a disabled family member so that disabled persons may remain in the home;
(5) The State of Nebraska should make every effort to preserve each family unit having a child with a disability, to ensure that decisions regarding a child with a disability are based on the best interests of the child and the family, and to ensure that services are provided that promote independent living, family-centered care, and individual choices;
(6) The State of Nebraska should promote cost-effective health care alternatives for disabled persons and should maximize state, federal, and private funding to ensure adequate health care supports and services are available for children with disabilities and their families;
(7) Early intervention (a) has been shown to help a child with a developmental delay, or at risk of a developmental delay, to acquire skills during the most critical period of growth, (b) is a recognized public health approach that helps to ensure that a child has access to services and supports to help the child acquire living skills and increase the likelihood that the child will be self-sufficient or have less dependency on state services, and (c) is a less costly approach for the use of limited state and federal resources;
(8) A child with a disability often needs support after school and during the evening, weekend, and summertime or other school breaks in order to maximize the opportunities for socialization and community integration and to allow family caregivers the ability to work, focus on self-care, socialize, and participate in community integration;
(9) A family support waiver as proposed under section 68-1530 will supplement the continuum of developmental disability services and other state programming for children with disabilities, remediate current program gaps, and offer a pathway for children with disabilities to gain access to the medical assistance program and capped long-term services and supports; and
(10) Providing support to family caregivers allows them to remain in the workforce which in turn allows the state to benefit from the family caregivers' private health insurance as a first payer.
Source
Laws 2022, LB376, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1531 - Services and support; eligibility.

68-1531.
Services and support; eligibility.
In order to be eligible for services and support under section 68-1530:
(1) The child shall reside in the State of Nebraska;
(2) The income and assets of the child shall not exceed the maximum established under subsection (4) of section 68-1530;
(3) The child shall have a medically determinable physical or mental impairment or combination of impairments that (a) causes marked and severe functional limitations and (b) can be expected to cause death or has lasted or can be expected to last for a continuous period of not less than twelve months; and
(4) The child shall be determined to meet the intermediate care facility institutional level of care criteria as set forth in subsection (4) of section 68-1530.
Source
Laws 2022, LB376, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1532 - Family support program; services and support; priorities.

68-1532.
Family support program; services and support; priorities.
The Department of Health and Human Services shall allocate medicaid waiver benefits under section 68-1530 based on appropriations by the Legislature for such waiver and give priority status in the following order:
(1) First, to disabled children and family units in crisis situations in which the disabled child tends to self-injure or injure siblings and other family members;
(2) Second, to disabled children who are at risk for placement in juvenile detention centers, other institutional settings, or out-of-home placements;
(3) Third, to disabled children whose primary caretakers are grandparents because no other family caregivers are available to provide care;
(4) Fourth, to families who have more than one disabled child residing in the family home; and
(5) Fifth, based on the date of application under the family support program.
Source
Laws 2022, LB376, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1533 - Family support program; implementation; conditions.

68-1533.
Family support program; implementation; conditions.
If the federal Centers for Medicare and Medicaid Services denies the 1915(c) waiver required to be submitted in section 68-1530, the family support program outlined in sections 68-1530 to 68-1532 shall not be implemented until such waiver or other mechanism authorizing the program is approved. The Department of Health and Human Services shall submit a new waiver application or seek other mechanisms for approval if such application is denied.
Source
Laws 2022, LB376, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1534 - Family support program; evaluation.

68-1534.
Family support program; evaluation.
The Department of Health and Human Services shall collaborate with a private, nonprofit organization with expertise in developmental disabilities for an independent evaluation of the family support program set forth in section 68-1530 if private funding is made available for such purpose. The evaluation shall be completed by December 15, 2023, and shall be submitted electronically to the department and to the Health and Human Services Committee of the Legislature.
Source
Laws 2022, LB376, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1602 - Legislative intent.

68-1602.
Legislative intent.
It is the intent of the Homeless Shelter Assistance Trust Fund Act to provide funds aimed at meeting the needs of homeless individuals and other individuals with locally identified and documented special housing needs.
It is further the intent of the act that homeless individuals shall include persons who lack a fixed, regular, and adequate nighttime residence and who are living in a publicly or privately subsidized hotel, motel, shelter, or other temporary living quarters or any place not designated for or ordinarily used as regular sleeping accommodations for human beings. The act is not intended to include those individuals in prison or detained pursuant to state or federal law.
Source
Laws 1992, LB 1192, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1604 - Homeless Shelter Assistance Trust Fund; created; use; investment.

68-1604.
Homeless Shelter Assistance Trust Fund; created; use; investment.
The Homeless Shelter Assistance Trust Fund is hereby created. The fund shall include the proceeds raised from the documentary stamp tax and remitted for such fund pursuant to section 76-903 and transfers authorized by the Legislature. Money remitted to such fund shall be used by the department (1) for grants to eligible shelter providers as set out in section 68-1605 for the purpose of assisting in the alleviation of homelessness, to provide temporary and permanent shelters for homeless persons, to encourage the development of projects which link housing assistance to programs promoting the concept of self-sufficiency, and to address the needs of the migrant farmworker and (2) to aid in defraying the expenses of administering the Homeless Shelter Assistance Trust Fund Act, which shall not exceed seventy-five thousand dollars in any fiscal year.
Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1992, LB 1192, § 4;
Laws 1994, LB 1066, § 62;
Laws 2001, LB 516, § 2;
Laws 2005, LB 301, § 8;
Laws 2013, LB199, § 28.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1605 - Department; grants; requirements; application; considerations.

68-1605.
Department; grants; requirements; application; considerations.
(1) The department shall use the funds in the Homeless Shelter Assistance Trust Fund to finance grants for projects or programs that provide for persons or families with special housing needs.
(2) Projects and programs to which funds shall be provided include eligible community, neighborhood-based, housing-assistance organizations, institutions, associations, and societies or corporations that:
(a) Are exempt from taxation under section 501(c)(3) of the Internal Revenue Code as defined in section 49-801.01;
(b) Do not discriminate on the basis of age, religion, sex, race, color, or national origin;
(c) Provide residential housing for at least eight hours of every twenty-four-hour period; and
(d) Operate a drug-free premises.
(3) The department shall establish an advisory committee consisting of individuals and groups involved with housing issues, in particular those pertaining to persons or families with special housing needs, to advise and assist the department in establishing criteria, priorities, and guidelines for eligibility requirements, application requirements and dates, public notification, and monitoring and shall assist the department in adopting and promulgating rules and regulations for providing grants from the fund.
(4) An application submitted by an organization representing a number of eligible applicants may be considered even though the representing organization may itself not qualify under this section.
(5) In making grants pursuant to the Homeless Shelter Assistance Trust Fund Act, the department shall consider, but not be limited to, the following factors:
(a) The number of night-lodging units provided by the applicant as measured by the number of persons housed per night;
(b) Participation by the applicant in community planning processes and activities aimed at preventing and alleviating homelessness;
(c) Other verifiable units of service provided by the applicant; and
(d) The geographic distribution of funds.
Source
Laws 1992, LB 1192, § 5;
Laws 1995, LB 574, § 59;
Laws 2001, LB 516, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1607 - Recipients; requirements.

68-1607.
Recipients; requirements.
Recipients of grant money shall, upon request, submit to the department records for verification of the information included on applications submitted for grants from the Homeless Shelter Assistance Trust Fund.
Source
Laws 1992, LB 1192, § 7;
Laws 2001, LB 516, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1708 - Act, how cited.

68-1708.
Act, how cited.
Sections 68-1708 to 68-1735.03 shall be known and may be cited as the Welfare Reform Act.
Source
Laws 1994, LB 1224, § 8;
Laws 1995, LB 455, § 8;
Laws 1996, LB 892, § 1;
Laws 1997, LB 864, § 11;
Laws 2000, LB 1352, § 2;
Laws 2012, LB507, § 1;
Laws 2016, LB1081, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1709 - Legislative findings and declarations.

68-1709.
Legislative findings and declarations.
The Legislature finds and declares that the primary purpose of the welfare programs in this state is to provide temporary, transitional support for Nebraska families so that economic self-sufficiency is attained in as expeditious a manner as possible. The Legislature further finds and declares that this goal is to be accomplished through individualized assessments of the personal and economic resources of each applicant for public assistance and through the use of individualized self-sufficiency contracts.
The Legislature further finds and declares that it is in the best interests of the state, its citizens, and especially those receiving public assistance through welfare programs in this state that the welfare system be reformed to support, stabilize, and enhance individual and family life in Nebraska by: (1) Pursuing efforts to help Nebraskans avoid poverty and prevent the need for welfare; (2) eliminating existing complex and conflicting welfare programs; (3) creating a simplified program in place of the existing complex and conflicting welfare programs; (4) removing disincentives to work and promoting economic self-sufficiency; (5) providing individuals and families the support needed to move from public assistance to economic self-sufficiency; (6) changing public assistance from entitlements to temporary, contract-based support; (7) removing barriers to public assistance for intact families; (8) basing the duration of public assistance upon the individual circumstances of each applicant within the time limits allowed under federal law; (9) providing continuing assistance and support for persons sixty-five years of age or over and for individuals and families with physical, mental, or intellectual limitations preventing total economic self-sufficiency; (10) supporting regular school attendance of children; and (11) promoting public sector, private sector, individual, and family responsibility.
Source
Laws 1994, LB 1224, § 9;
Laws 2007, LB351, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1710 - Legislative intent.

68-1710.
Legislative intent.
It is the intent of the Legislature that, with the passage of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, the Department of Health and Human Services implement the Welfare Reform Act in a manner consistent with federal law.
Source
Laws 1997, LB 864, § 12;
Laws 2007, LB351, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1711 - Assessment tool; state agencies; utilize.

68-1711.
Assessment tool; state agencies; utilize.
State agencies, including the Department of Health and Human Services and the Department of Labor, which assess training options, job readiness, adult basic skills, aptitudes, interests, workplace maturity, and career development of applicants for services shall utilize a common, comprehensive assessment tool.
Source
Laws 1994, LB 1224, § 11;
Laws 1995, LB 455, § 9;
Laws 1996, LB 1044, § 356.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1715 - Rules and regulations.

68-1715.
Rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Welfare Reform Act.
Source
Laws 1994, LB 1224, § 15;
Laws 1995, LB 455, § 11;
Laws 1996, LB 1044, § 358.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1718 - Financial assistance; comprehensive assets assessment required; contents; periodic assessments.

68-1718.
Financial assistance; comprehensive assets assessment required; contents; periodic assessments.
(1) At the time an individual or a family applies for financial assistance pursuant to section 43-512, an assessment shall be conducted. Eligibility determination shall begin with a comprehensive assets assessment, in which the applicant and case manager collaborate to identify the economic and personal resources available to the applicant. Each applicant shall work with only one case manager who shall facilitate all service provision.
(2) Each applicant's personal resources shall be assessed in the comprehensive assets assessment. For purposes of this section, personal resources shall include education, vocational skills, employment history, health, life skills, personal strengths, and support from family and the community. This assessment shall also include a determination of the applicant's goals, employment background, educational background, housing needs, child care and transportation needs, health care needs, and other barriers to economic self-sufficiency.
(3) The comprehensive assets assessment shall structure personal resources information and control subjectivity. The assessment shall be used:
(a) To develop a self-sufficiency contract under section 68-1719 and promote services which specifically lead to self-sufficiency; and
(b) To determine if the applicant should be referred to other community resources for assistance.
(4) Periodic assessments, including an exit assessment prior to implementation of the time limit on cash assistance as provided in section 68-1724, shall be conducted with recipients to establish if the terms of the self-sufficiency contract have been met by the recipient family and by the state.
Source
Laws 1994, LB 1224, § 18;
Laws 1997, LB 864, § 14;
Laws 2007, LB351, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1719 - Self-sufficiency contract; purpose.

68-1719.
Self-sufficiency contract; purpose.
Based on the results of the comprehensive assets assessment under section 68-1718, the applicant and the case manager shall develop a self-sufficiency contract. The contract shall be built upon the premise of urgent action. To ensure that the applicant can make constant, measurable progress toward self-sufficiency, goals shall be set with timelines and benchmarks that facilitate forward momentum. In the case of an entire family applying for assistance, each family member shall have responsibilities within the self-sufficiency contract.
Source
Laws 1994, LB 1224, § 19.
Annotations
"Participation in the program," within the meaning of section 68-1724, refers to participation in a self-sufficiency contract as described in this section, and the family cap established by section 68-1724 does not apply to families who are not participating in a self-sufficiency contract. Mason v. State, 267 Neb. 44, 627 N.W.2d 28 (2003).
The self-sufficiency contracts created under this section are creatures of statute, and not common law. The self-sufficiency contract serves as a means for the State and a recipient of public assistance to memorialize a specific plan of action by which a recipient can attain self-sufficiency, but is not given legal effect by the agreement of the parties and therefore is not a contract as that term is generally used in civil law. The enforceability of statutory requirements cannot be voided in the same manner as a civil contract that is created solely by agreement of the parties. Kosmicki v. State, 264 Neb. 887, 652 N.W.2d 883 (2002).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1720 - Self-sufficiency contract; contents.

68-1720.
Self-sufficiency contract; contents.
The responsibilities, roles, and expectations of the applicant family, the case manager, and all other service providers shall be detailed in the self-sufficiency contract developed under section 68-1719. The contract shall be signed by the applicant and by the case manager representing the state. The state and the applicant shall fulfill their respective terms of the contract.
Source
Laws 1994, LB 1224, § 20.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1721 - Principal wage earner and other nonexempt members of applicant family; duties.

68-1721.
Principal wage earner and other nonexempt members of applicant family; duties.
(1) Under the self-sufficiency contract developed under section 68-1719, the principal wage earner and other nonexempt members of the applicant family shall be required to participate in one or more of the following approved activities, including, but not limited to, education, job skills training, work experience, job search, or employment.
(2) Education shall consist of the general education development program, high school, Adult Basic Education, English as a Second Language, postsecondary education, or other education programs approved in the contract.
(3) Job skills training shall include vocational training in technical job skills and equivalent knowledge. Activities shall consist of formalized, technical job skills training, apprenticeships, on-the-job training, or training in the operation of a microbusiness enterprise. The types of training, apprenticeships, or training positions may include, but need not be limited to, the ability to provide services such as home repairs, automobile repairs, respite care, foster care, personal care, and child care. Job skills training shall be prioritized and approved for occupations that facilitate economic self-sufficiency.
(4) The purpose of work experience shall be to improve the employability of applicants by providing work experience and training to assist them to move promptly into regular public or private employment. Work experience shall mean unpaid work in a public, private, for-profit, or nonprofit business or organization. Work experience placements shall take into account the individual's prior training, skills, and experience. A placement shall not exceed six months.
(5) Job search shall assist adult members of recipient families in finding their own jobs. The emphasis shall be placed on teaching the individual to take responsibility for his or her own job development and placement.
(6) Employment shall consist of work for pay. The employment may be full-time or part-time but shall be adequate to help the recipient family reach economic self-sufficiency.
(7) For purposes of creating the self-sufficiency contract and meeting the applicant's work activity requirement, an applicant shall be allowed to engage in vocational training that leads to an associate degree, a diploma, or a certificate for a minimum of twenty hours per week for up to thirty-six months.
Source
Laws 1994, LB 1224, § 21;
Laws 1995, LB 455, § 14;
Laws 2006, LB 994, § 78;
Laws 2007, LB351, § 8;
Laws 2009, LB458, § 1;
Laws 2012, LB842, § 1;
Laws 2016, LB1081, § 5.
Annotations
The postsecondary education provision of this section was intended to permit a recipient of public assistance to complete a course of postsecondary education within the cash assistance limitation period of section 68-1724. Kosmicki v. State, 264 Neb. 887, 652 N.W.2d 883 (2002).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1722 - Legislative findings; case management practices and supportive services; department; powers and duties; extension of time limit on cash assistance; when.

68-1722.
Legislative findings; case management practices and supportive services; department; powers and duties; extension of time limit on cash assistance; when.
The Legislature finds that the state has responsibilities to help ensure the success of the self-sufficiency contract for each recipient. The Department of Health and Human Services shall employ case management practices and supportive services to the extent necessary to facilitate movement toward self-sufficiency within the time limit on participation as provided in section 68-1724.
The department may purchase case management services. It is the intent of the Legislature that any case management utilized by the department shall include standards which emphasize communication skills; appropriate interviewing techniques; and methods for positive feedback, support, encouragement, and counseling. The case management provided shall also include a recognition of family dynamics and emphasize working with all family members; shall respect diversity; shall empower individuals; and shall include recognizing, capitalizing, and building on a family's strengths and existing support network. It is the intent of the Legislature that generally a case manager would have a family caseload of no more than seventy cases.
Supportive services shall include, but not be limited to, assistance with transportation expenses, participation and work expenses, parenting education, family planning, budgeting, and relocation to provide for specific needs critical to the recipient's or the recipient family's self-sufficiency contract. For purposes of this section, family planning shall not include abortion counseling, referral for abortion, or funding for abortion. If the state fails to meet the specific terms of the self-sufficiency contract, the time limit on cash assistance under section 68-1724 shall be extended.
Source
Laws 1994, LB 1224, § 22;
Laws 1996, LB 1044, § 361;
Laws 2007, LB351, § 9.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1725 - Alternative payment systems authorized.

68-1725.
Alternative payment systems authorized.
The Department of Health and Human Services may either develop an electronic benefit system for purposes of eliminating as much paper and coupon conveyance of public assistance as is practical or provide cash in lieu of coupons.
Source
Laws 1994, LB 1224, § 25;
Laws 1996, LB 1044, § 362.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1726 - Assistance under act; eligibility factors.

68-1726.
Assistance under act; eligibility factors.
Based on the comprehensive assets assessment, each individual and family receiving assistance under the Welfare Reform Act shall reach for his or her highest level of economic self-sufficiency or the family's highest level of economic self-sufficiency. The following eligibility factors shall apply:
(1) Financial resources, excluding the primary home and furnishings and the primary automobile, shall not exceed four thousand dollars in value for a single individual and six thousand dollars in value for two or more individuals;
(2) Available resources, including, but not limited to, savings accounts and real estate, shall be used in determining financial resources, except that income and assets described in sections 68-1201 and 68-1713 shall not be included in determination of available resources under this section;
(3) Income received by family members, except income earned by children attending school and except as provided in section 68-1201, shall be considered in determining total family income. Income earned by an individual or a family by working shall be treated differently than unearned income in determining the amount of cash assistance as follows:
(a) Earned income shall be counted in determining the level of cash assistance after disregarding an amount of earned income as follows:
(i) Twenty percent of gross earned income shall be disregarded to test for eligibility during the application process for aid to dependent children assistance; and
(ii) For aid to dependent children program participants and for applicants after eligibility has been established, fifty percent of the gross earned income shall be disregarded;
(b) Financial assistance provided by other programs that support the transition to economic self-sufficiency shall be considered to the extent the payments are intended to provide for life's necessities; and
(c) Financial assistance or those portions of it intended for books, tuition, or other self-sufficiency-related expenses shall not be counted in determining financial resources. Such assistance shall include, but not be limited to, school grants, scholarships, vocational rehabilitation payments, Job Training Partnership Act payments, income or assets described in section 68-1201, and education-related loans or other loans that are expected to be repaid; and
(4) Individuals and families shall pursue potential sources of economic support, including, but not limited to, unemployment compensation and child support.
Source
Laws 1994, LB 1224, § 26;
Laws 1997, LB 864, § 15;
Laws 2014, LB359, § 5;
Laws 2015, LB607, § 3;
Laws 2016, LB1081, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1727 - Family resource centers; legislative intent.

68-1727.
Family resource centers; legislative intent.
It is the intent of the Legislature that family resource centers be considered a priority in the utilization of the federal funding allocated to Nebraska through Family Preservation and Support Services, as provided by Public Law 103-66, 1993.
Source
Laws 1994, LB 1224, § 27.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1728 - Services for families and children; legislative findings and declarations.

68-1728.
Services for families and children; legislative findings and declarations.
(1) The Legislature hereby finds and declares that: (a) The family is the cornerstone of society; (b) families have the primary responsibility for supporting their children; and (c) families require the support of their community and the state to fulfill their duties.
(2) The Legislature further finds that: (a) Many state initiatives for improving or reforming the systems of service delivery for children and their families have been identified and are underway within Nebraska; (b) there is a need to coordinate and promote communication in these initiatives to identify common visions and approaches and to establish linkages across the areas of health services, social services, family support services, mental health services, education, economic development, labor, and juvenile justice at the state level and the community level; and (c) these initiatives need continued support in order to empower communities and families to provide and promote an integrated, efficient, and effective service delivery system.
(3) The Legislature declares that it shall be the policy of the State of Nebraska (a) to promote the development of a statewide system of comprehensive, coordinated, family-centered, community-based, and culturally competent services for children and their families to assure that services help build strong families and provide appropriate environments for children and (b) that these services should be available, accessible, and equitable and, whenever possible, be located together.
Source
Laws 1994, LB 1224, § 28.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1731 - Family services; legislative intent.

68-1731.
Family services; legislative intent.
The Legislature recognizes that parents should continue to have the primary responsibility for meeting the needs of their children but that if a family requires services it should be able to receive services which are available, accessible, and equitable. It is the intent of the Legislature that such services should be coordinated between agencies serving common populations and that whenever possible a plan should be implemented for location of services together to provide consistent, efficient, and effective services.
Source
Laws 1994, LB 1224, § 31.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1732 - Integrated programs and policies; legislative intent.

68-1732.
Integrated programs and policies; legislative intent.
It is the intent of the Legislature that the Department of Health and Human Services, the State Department of Education, the Department of Labor, the Office of Probation Administration, the Department of Correctional Services, and the Department of Economic Development will have integrated programs and policies when serving a common customer. Organizational mergers and operating agreements shall be developed within state government which bring together the state's community-based child-serving and family-serving resources in the areas of health care services, social services, mental health services, developmental disabilities services, juvenile justice, and education. Such actions shall eliminate the need for the public to understand the differing roles, responsibilities, and services of the agencies enumerated in this section and their affiliates.
Source
Laws 1994, LB 1224, § 32;
Laws 1996, LB 1044, § 365;
Laws 2007, LB296, § 291.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1733 - Planning process; state agencies; duty to establish.

68-1733.
Planning process; state agencies; duty to establish.
The state agencies enumerated in section 68-1732 shall establish a planning process to:
(1) Assist communities in joining together to assess their resources and strengths;
(2) Assess what services are needed in participating communities and coordinate how such services should be developed and provided;
(3) Identify and support a plan for location of related human services and agencies together;
(4) Identify human services that already exist and decide how to coordinate such services most efficiently;
(5) Link existing planning processes;
(6) Promote decategorization of selected federal and state programs to bring about greater cohesiveness and flexibility when locating services together; and
(7) Cooperate and coordinate with building owners and other business owners in the community to assess the most efficient way to locate or relocate agencies.
Source
Laws 1994, LB 1224, § 33.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1734 - Application process; legislative intent; common assessment tool.

68-1734.
Application process; legislative intent; common assessment tool.
It is the intent of the Legislature that the agencies enumerated in section 68-1732, whenever possible, shall develop a uniform, consolidated, and streamlined application process for all programs serving children and families. The application process shall be electronically linked so families will not have to repeat the application process. The state shall assist communities and eliminate barriers in developing a common application form and make the form available across the state. The application process shall provide for common data collection, intake, referral, and assessment and shall be ongoing. A single common assessment tool shall be developed which captures information once for use in making the full range of state, local, and community support available as part of the cash assistance program established under the Welfare Reform Act.
Source
Laws 1994, LB 1224, § 34.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1735 - Creating self-sufficiency contract and meeting work activity requirement; applicant under twenty years of age; activities authorized.

68-1735.
Creating self-sufficiency contract and meeting work activity requirement; applicant under twenty years of age; activities authorized.
For purposes of creating the self-sufficiency contract and meeting the applicant's work activity requirement, an applicant who is under twenty years of age and is married or a single head of household is deemed to have met the work activity requirement in a month if he or she:
(1) Maintains satisfactory attendance during such month at secondary school, a general education development program, or the equivalent; or
(2) Participates in education directly related to employment for an average of at least twenty hours per week during such month. Education directly related to employment includes, but is not limited to, Adult Basic Education, English as a Second Language, and a general education development program.
Source
Laws 2012, LB507, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1735.01 - Creating self-sufficiency contract and meeting work activity requirement; applicant; activities authorized.

68-1735.01.
Creating self-sufficiency contract and meeting work activity requirement; applicant; activities authorized.
(1) For purposes of this section, target work rate means fifty percent less the caseload reduction credit submitted by the Nebraska Department of Health and Human Services to the United States Department of Health and Human Services for the fiscal year.
(2) For purposes of creating the self-sufficiency contract and meeting the applicant's work activity requirement, an applicant shall be deemed to have met the work activity requirement in a month if he or she is engaged in education directly related to employment for an average of at least twenty hours per week during such month. Education directly related to employment includes, but is not limited to, Adult Basic Education, English as a Second Language, and a general education development program.
(3) No state funds shall be used to carry out this section unless such state funds meet the definition of qualified state expenditures under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 609(a)(7)(B)(i).
(4) If Nebraska's work participation rate under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 601 et seq., does not exceed the target work rate by ten percentage points in any month, the Department of Health and Human Services may suspend the requirements of subsection (2) of this section until the work participation rate exceeds the target work rate by ten percentage points for three consecutive months.
Source
Laws 2012, LB507, § 3;
Laws 2013, LB240, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1735.02 - Department of Health and Human Services; report; contents.

68-1735.02.
Department of Health and Human Services; report; contents.
The Department of Health and Human Services shall submit electronically an annual report to the Legislature on October 1 on the following:
(1) The number of persons on a quarterly basis participating in a self-sufficiency contract who are engaged in one of the following activities:
(a) An associate degree program;
(b) A vocational education program not leading to an associate degree;
(c) Postsecondary education other than a program described in subdivision (1)(a) or (b) of this section;
(d) Adult Basic Education;
(e) English as a Second Language; or
(f) A general education development program; and
(2) The number of persons participating in a self-sufficiency contract who obtain or maintain employment for six months, twelve months, eighteen months, and twenty-four months after such persons are no longer eligible for cash assistance due to obtaining employment.
Source
Laws 2012, LB507, § 4;
Laws 2013, LB222, § 23.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1735.03 - Legislative intent.

68-1735.03.
Legislative intent.
It is the intent of the Legislature that the Department of Health and Human Services carry out the requirements of sections 68-1735 to 68-1735.02 within the limits of its annual appropriation.
Source
Laws 2012, LB507, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1738 - Department of Health and Human Services; duty.

68-1738.
Department of Health and Human Services; duty.
The Department of Health and Human Services shall make state funds available which are appropriated to meet the needs of people living on tribal lands or in tribal service areas as defined in section 43-1503 if the people residing on tribal lands or in tribal services areas choose to operate their own welfare reform programs.
Source
Laws 1999, LB 475, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1801 - Act, how cited.

68-1801.
Act, how cited.
Sections 68-1801 to 68-1809 shall be known and may be cited as the ICF/DD Reimbursement Protection Act.
Source
Laws 2004, LB 841, § 2;
Laws 2013, LB23, § 16.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1802 - Terms, defined.

68-1802.
Terms, defined.
For purposes of the ICF/DD Reimbursement Protection Act:
(1) Department means the Department of Health and Human Services;
(2) Intermediate care facility for persons with developmental disabilities has the definition found in section 71-421;
(3) Medical assistance program means the program established pursuant to the Medical Assistance Act; and
(4) Net revenue means the revenue paid to an intermediate care facility for persons with developmental disabilities for resident care, room, board, and services less contractual adjustments and does not include revenue from sources other than operations, including, but not limited to, interest and guest meals.
Source
Laws 2004, LB 841, § 3;
Laws 2006, LB 1248, § 72;
Laws 2007, LB296, § 292;
Laws 2013, LB23, § 17.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1803 - Tax; rate; collection; report.

68-1803.
Tax; rate; collection; report.
(1) Each intermediate care facility for persons with developmental disabilities shall pay a tax equal to a percentage of its net revenue for the most recent State of Nebraska fiscal year. The percentage shall be (a) six percent prior to January 1, 2008, (b) five and one-half percent beginning January 1, 2008, through September 30, 2011, and (c) six percent beginning October 1, 2011.
(2) Taxes collected under this section shall be remitted to the State Treasurer for credit to the ICF/DD Reimbursement Protection Fund.
(3) Taxes collected pursuant to this section shall be reported on a separate line on the cost report of the intermediate care facility for persons with developmental disabilities, regardless of how such costs are reported on any other cost report or income statement. The department shall recognize such tax as an allowable cost within the state plan for reimbursement of intermediate care facilities for persons with developmental disabilities which participate in the medical assistance program. The tax shall be a direct pass-through and shall not be subject to cost limitations.
Source
Laws 2004, LB 841, § 4;
Laws 2006, LB 1248, § 73;
Laws 2007, LB292, § 2;
Laws 2013, LB23, § 18.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1805 - State medicaid plan; application for amendment; tax; when due.

68-1805.
State medicaid plan; application for amendment; tax; when due.
(1) On or before July 1, 2004, the department shall submit an application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services amending the state medicaid plan to provide for utilization of money in the ICF/DD Reimbursement Protection Fund to increase medicaid payments to intermediate care facilities for persons with developmental disabilities.
(2) The tax imposed under section 68-1803 is not due and payable until such amendment to the state medicaid plan is approved by the Centers for Medicare and Medicaid Services.
Source
Laws 2004, LB 841, § 6;
Laws 2013, LB23, § 20.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1806 - Collection of tax; discontinued; when; effect.

68-1806.
Collection of tax; discontinued; when; effect.
(1) Until July 1, 2014:
(a) Collection of the tax imposed by section 68-1803 shall be discontinued if:
(i) The amendment to the state medicaid plan described in section 68-1805 is disapproved by the Centers for Medicare and Medicaid Services;
(ii) The department reduces rates paid to intermediate care facilities for persons with developmental disabilities to an amount less than the rates effective September 1, 2003; or
(iii) The department or any other state agency attempts to utilize the money in the ICF/DD Reimbursement Protection Fund for any use other than uses permitted pursuant to the ICF/DD Reimbursement Protection Act; and
(b) If collection of the tax is discontinued as provided in subdivision (a) of this subsection, all money in the fund shall be returned to the intermediate care facilities for persons with developmental disabilities from which the tax was collected on the same basis as the tax was assessed.
(2) Beginning on July 1, 2014:
(a) The department shall discontinue collection of the tax provided for in section 68-1803:
(i) If federal financial participation to match the payments by intermediate care facilities for persons with developmental disabilities pursuant to section 68-1803 becomes unavailable under federal law or the rules and regulations of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; or
(ii) If money in the ICF/DD Reimbursement Protection Fund is appropriated, transferred, or otherwise expended for any use other than uses permitted pursuant to the ICF/DD Reimbursement Protection Act; and
(b) If collection of the tax provided for in section 68-1803 is discontinued as provided in subdivision (a) of this subsection, the money in the ICF/DD Reimbursement Protection Fund shall be returned to the intermediate care facilities for persons with developmental disabilities from which the tax was collected on the same basis as collected.
Source
Laws 2004, LB 841, § 7;
Laws 2013, LB23, § 21.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1806.01 - Tax; use.

68-1806.01.
Tax; use.
The department shall collect the tax provided for in section 68-1803 and remit the tax to the State Treasurer for credit to the ICF/DD Reimbursement Protection Fund. Beginning July 1, 2014, no proceeds from the tax provided for in section 68-1803, including the federal match, shall be placed in the General Fund unless otherwise provided in the ICF/DD Reimbursement Protection Act.
Source
Laws 2013, LB23, § 22.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1807 - Failure to pay tax; penalty.

68-1807.
Failure to pay tax; penalty.
(1) An intermediate care facility for persons with developmental disabilities that fails to pay the tax required by section 68-1803 shall be subject to a penalty of five hundred dollars per day of delinquency. The total amount of the penalty assessed under this section shall not exceed five percent of the tax due from the intermediate care facility for persons with developmental disabilities for the year for which the tax is assessed.
(2) The department shall collect the penalties and remit them to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2004, LB 841, § 8;
Laws 2007, LB296, § 293;
Laws 2013, LB23, § 23.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1808 - Refund; procedure.

68-1808.
Refund; procedure.
An intermediate care facility for persons with developmental disabilities that has paid a tax that is not required by section 68-1803 may file a claim for refund with the department. The department may by rule and regulation establish procedures for filing and consideration of such claims.
Source
Laws 2004, LB 841, § 9;
Laws 2013, LB23, § 24.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1903 - Bed-hold day, defined.

68-1903.
Bed-hold day, defined.
Bed-hold day means a day during which a bed is kept open pursuant to the bed-hold policy of the nursing facility or skilled nursing facility which permits a resident to return to the facility and resume residence in the facility after a transfer to a hospital or therapeutic leave.
Source
Laws 2011, LB600, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1904 - Continuing care retirement community, defined.

68-1904.
Continuing care retirement community, defined.
Continuing care retirement community means an operational entity or related organization which, under a life care contract, provides a continuum of services, including, but not limited to, independent living, assisted-living, nursing facility, and skilled nursing facility services within the same or a contiguous municipality as defined in section 18-2410.
Source
Laws 2011, LB600, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1906 - Gross inpatient revenue, defined.

68-1906.
Gross inpatient revenue, defined.
Gross inpatient revenue means the revenue paid to a nursing facility or skilled nursing facility for inpatient resident care, room, board, and services less contractual adjustments, bad debt, and revenue from sources other than operations, including, but not limited to, interest, guest meals, gifts, and grants.
Source
Laws 2011, LB600, § 6.