reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-312 - Department of Health and Human Services; rules and regulations; records and other communications; use by other agency or department.

68-312.
Department of Health and Human Services; rules and regulations; records and other communications; use by other agency or department.
The Department of Health and Human Services has the power to establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the records, papers, files, and communications of the state. The use of such records, papers, files, and communications by any other agency or department of government to which they may be furnished shall be limited to the purposes for which they are furnished.
Source
Laws 1941, c. 174, § 3, p. 684;
C.S.Supp.,1941, § 68-340;
R.S.1943, § 68-312;
Laws 1982, LB 522, § 29;
Laws 1996, LB 1044, § 295;
Laws 2007, LB296, § 240.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-313 - Records and information; use and disclosure; limitations.

68-313.
Records and information; use and disclosure; limitations.
It shall be unlawful, except as permitted by section 68-313.01 and except for purposes directly connected with the administration of general assistance, medically handicapped children's services, medical assistance, assistance to the aged, blind, or disabled, or aid to dependent children, and in accordance with the rules and regulations of the Department of Health and Human Services, for any person or persons to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, any information concerning, or persons applying for or receiving such aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the state, or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Source
Laws 1941, c. 174, § 3, p. 684;
C.S.Supp.,1941, § 68-340;
R.S.1943, § 68-313;
Laws 1953, c. 234, § 1(1), p. 813;
Laws 1982, LB 522, § 30;
Laws 1985, LB 249, § 3;
Laws 1996, LB 1044, § 296;
Laws 2007, LB296, § 241.
Annotations
Read together, this section and section 68-313.01 prohibit the use of welfare-related information as evidence against a welfare applicant in a criminal trial not directly connected with the administration of general assistance. State v. Owen, 1 Neb. App. 1060, 510 N.W.2d 503 (1993).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-313.01 - Records and information; access by the Legislature and state and county officials; open to public; limitation.

68-313.01.
Records and information; access by the Legislature and state and county officials; open to public; limitation.
Members of the Nebraska Legislature and all state and county officials of this state shall have free access at all times to all records and information in connection with the aid and assistance referred to in section 68-313. The public shall have free access to all information concerning lists of names and amounts of payments which appear on any financial records, except that no lists shall be used for commercial or political purposes.
Source
Laws 1941, c. 174, § 3, p. 684;
C.S.Supp.,1941, § 68-340;
R.S.1943, § 68-313;
Laws 1953, c. 234, § 1(1), p. 813;
Laws 1982, LB 522, § 30;
Laws 1983, LB 604, § 22.
Annotations
Read together, section 68-313 and this section prohibit the use of welfare-related information as evidence against a welfare applicant in a criminal trial not directly connected with the administration of general assistance. State v. Owen, 1 Neb. App. 1060, 510 N.W.2d 503 (1993).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-314 - Violations; penalty.

68-314.
Violations; penalty.
Any person who knowingly violates the provisions of section 68-313 shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1941, c. 174, § 3, p. 684;
C.S.Supp.,1941, § 68-340;
R.S.1943, § 68-314;
Laws 1977, LB 39, § 126.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-328 - Assistance; application; furnish with reasonable promptness.

68-328.
Assistance; application; furnish with reasonable promptness.
All individuals desiring to make an application for any type of public assistance shall have an opportunity to do so, and public assistance shall be furnished with reasonable promptness to all eligible individuals.
Source
Laws 1951, c. 210, § 1, p. 772;
Laws 1965, c. 399, § 3, p. 1281.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-601 - Social security; policy.

68-601.
Social security; policy.
(1) In order to extend to the employees of the state and its political subdivisions and to the dependents and survivors of such employees the basic protection accorded to others by the old age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the Legislature, subject to the limitations of sections 68-601 to 68-631, that such steps be taken as to provide such protection to employees of the State of Nebraska and its political subdivisions on as broad a basis as is permitted under the act.
(2) In conformity with the policy of the Congress of the United States of America, it is hereby declared to be the policy of the State of Nebraska that the protection afforded employees in positions covered by retirement systems on the date the state agreement is made applicable to service performed in such positions or receiving periodic benefits under such retirement systems at such time will not be impaired as a result of making the agreement so applicable or as a result of legislative or executive action taken in anticipation or in consequence thereof and that the benefits provided by the Social Security Act and made available to employees of the State of Nebraska and of political subdivisions thereof or instrumentalities jointly created by the state and any other state or states, who are or may be members of a retirement system, shall be supplementary to the benefits provided by such retirement system.
Source
Laws 1951, c. 297, § 1, p. 977;
Laws 1955, c. 264, § 1, p. 812;
Laws 1990, LB 820, § 1;
Laws 2000, LB 1216, § 8;
Laws 2010, LB684, § 1.
Annotations
A member of a county mental health board, appointed pursuant to statute, is an "officer of the state or a political subdivision thereof" and, as such, is an employee of the State of Nebraska for the purposes of the Social Security Act. Sullivan v. Hajny, 210 Neb. 481, 315 N.W.2d 443 (1982).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-604 - Agreement with federal government; instrumentality jointly created with other state.

68-604.
Agreement with federal government; instrumentality jointly created with other state.
Any instrumentality jointly created by this state and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (1) to enter into an agreement with the Secretary of Health and Human Services whereby the benefits of the federal old age and survivors' insurance system shall be extended to employees of such instrumentality, (2) to require its employees to pay, and for that purpose to deduct from their wages, contributions equal to the amounts which they would be required to pay under section 68-605 if they were covered by an agreement made pursuant to section 68-603, and (3) to make payments to the Secretary of the Treasury of the United States in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such an agreement shall, to the extent practicable, be consistent with the terms and provisions of section 68-603 and other provisions of sections 68-601 to 68-631.
Source
Laws 1951, c. 297, § 3(2), p. 980;
Laws 1955, c. 264, § 4, p. 816;
Laws 1984, LB 933, § 4;
Laws 1990, LB 820, § 4;
Laws 2000, LB 1216, § 11;
Laws 2010, LB684, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-605 - Contributions by state employees; amount.

68-605.
Contributions by state employees; amount.
Every employee of the state whose services are covered by an agreement entered into under sections 68-603 and 68-604 shall be required to pay for the period of such coverage, contributions, with respect to wages, as defined in section 68-602, equal to the amount of tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employee's retention in the service of the state, or his or her entry upon such service, after the enactment of sections 68-601 to 68-631.
Source
Laws 1951, c. 297, § 4(1), p. 980;
Laws 1955, c. 264, § 5, p. 817;
Laws 1987, LB 3, § 1;
Laws 2000, LB 1216, § 12;
Laws 2010, LB684, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-606 - Contribution by state employees; collection.

68-606.
Contribution by state employees; collection.
The contribution imposed by section 68-605 shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
Source
Laws 1951, c. 297, § 4(2), p. 981.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-607 - Contribution by state employees; adjustments.

68-607.
Contribution by state employees; adjustments.
If more or less than the correct amount of the contribution imposed by section 68-605 is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.
Source
Laws 1951, c. 297, § 4(3), p. 981.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-608 - Coverage by political subdivisions; plan; modification; approval by state agency.

68-608.
Coverage by political subdivisions; plan; modification; approval by state agency.
Unless otherwise provided for by sections 68-601 to 68-631, each political subdivision of the state is hereby authorized to submit for approval by the state agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of such act, to employees of such political subdivision and is hereby further authorized to submit for approval by the state agency any modification or amendment to any then existing plan if such modification or amendment is necessary or desirable to secure the benefits and exemptions allowable to such political subdivisions thereof or to any employee of the political subdivision in conformity with Title II of the act. Each such plan and any amendment thereof shall be approved by the state agency if it finds that such plan or such plan as amended is in conformity with such requirements as are provided in regulations of the state agency, except that no such plan shall be approved unless: (1) It is in conformity with the requirements of the act and with the agreement entered into under sections 68-603 and 68-604; (2) it provides that all services which constitute employment and are performed in the employ of the political subdivision by employees thereof will be covered by the plan; (3) it specifies the source or sources from which the funds necessary to make the payments required by subsection (1) of section 68-610 and by section 68-611 are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose; (4) it provides for such methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper and efficient administration of the plan; (5) it provides that the political subdivision will make such reports in such form and containing such information as the state agency may from time to time require and will comply with such provisions as the state agency or the Secretary of Health and Human Services may from time to time find necessary to assure the correctness and verification of such reports; and (6) it authorizes the state agency to terminate the plan in its entirety, in the discretion of the state agency, if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the state agency and may be consistent with the provisions of the act.
Source
Laws 1951, c. 297, § 5(1), p. 981;
Laws 1955, c. 264, § 6, p. 817;
Laws 1969, c. 536, § 3, p. 2184;
Laws 1984, LB 933, § 5;
Laws 1990, LB 820, § 5;
Laws 2000, LB 1216, § 13;
Laws 2010, LB684, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-609 - Coverage by political subdivisions; refusal, amendment, or termination of plan; notice; hearing.

68-609.
Coverage by political subdivisions; refusal, amendment, or termination of plan; notice; hearing.
The state agency shall not finally refuse to approve a plan submitted by a political subdivision under section 68-608, nor any proposed amendment to such plan, and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby, nor with respect to the employees of such a political subdivision who are members of a retirement system, until such political subdivision has proposed and adopted a method that is acceptable to the members concerned of protecting the retirement rights and expectancies of such members.
Source
Laws 1951, c. 297, § 5(2), p. 982;
Laws 1955, c. 264, § 7, p. 818;
Laws 1969, c. 536, § 4, p. 2186.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-610 - Coverage by political subdivisions; amount; payment.

68-610.
Coverage by political subdivisions; amount; payment.
(1) Each political subdivision as to which a plan has been approved under sections 68-608 to 68-611 or prepared under section 68-625 shall be required to pay for the period of such coverage, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state agency under sections 68-603 and 68-604.
(2) Each political subdivision required to make payments under section 68-609 is authorized, in consideration of the employee's retention in or entry upon employment after enactment of sections 68-601 to 68-631, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his or her wages not exceeding the amount of tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of the act and to deduct the amount of such contribution from his or her wages as and when paid. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
Source
Laws 1951, c. 297, § 5(3), p. 982;
Laws 1955, c. 264, § 8, p. 819;
Laws 1990, LB 820, § 6;
Laws 2000, LB 1216, § 14;
Laws 2010, LB684, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-611 - Coverage by political subdivisions; delinquent payments; penalty; collection.

68-611.
Coverage by political subdivisions; delinquent payments; penalty; collection.
Delinquent payments due under subsection (1) of section 68-610, plus one-half the amount of the delinquent payment, may be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other money payable to such subdivision by any department or agency of the state.
Source
Laws 1951, c. 297, § 5(4), p. 983;
Laws 1953, c. 236, § 1, p. 816.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-620 - Cities and villages; special levy; addition to levy limitations; contribution to state agency.

68-620.
Cities and villages; special levy; addition to levy limitations; contribution to state agency.
Notwithstanding any tax levy limitations contained in any other law or city home rule charter, when any city or village of this state elects to accept the provisions of sections 68-601 to 68-631 relating to old age and survivors insurance and enters into a written agreement with the state agency as provided in such sections, the city or village shall levy a tax, in addition to all other taxes, in order to defray the cost of such city or village in meeting the obligations arising by reason of such written agreement, and the revenue raised by such special levy shall be used for no other purpose.
Source
Laws 1951, c. 296, § 1, p. 976;
Laws 1955, c. 264, § 14, p. 821;
Laws 1971, LB 667, § 1;
Laws 1979, LB 187, § 181;
Laws 1990, LB 820, § 10;
Laws 2000, LB 1216, § 17;
Laws 2010, LB684, § 8.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-621 - Terms, defined.

68-621.
Terms, defined.
(1) A referendum group, as referred to in sections 68-621 to 68-630, shall consist of the employees of the state, a single political subdivision of this state, or any instrumentality jointly created by this state and any other state or states, the employees of which are or may be members of a retirement system covering such employees, except that: (a) The employees of the University of Nebraska shall constitute a referendum group; (b) the employees of a Class V school district shall constitute a referendum group; (c) all employees of the State of Nebraska who are or may be members of the School Employees Retirement System of the State of Nebraska, including employees of institutions operated by the Board of Trustees of the Nebraska State Colleges, employees of institutions operated by the Department of Correctional Services and the Department of Health and Human Services, and employees subordinate to the State Board of Education, shall constitute a referendum group; and (d) all employees of school districts of the State of Nebraska, county superintendents, and county school administrators, who are or may be members of the School Employees Retirement System of the State of Nebraska, shall constitute a single referendum group.
(2) The managing authority of a political subdivision or educational institution shall be the board, committee, or council having general authority over a political subdivision, university, college, or school district whose employees constitute or are included in a referendum group; the managing authority of the state shall be the Governor; and insofar as sections 68-601 to 68-631 may be applicable to county superintendents and county school administrators, managing authority shall mean the board of county commissioners or county supervisors of the county in which the county superintendent was elected or with which the county school administrator contracted.
(3) Eligible employees, as referred to in sections 68-621 to 68-630, shall mean those employees of the state or any political subdivision thereof who at or during the time of voting in a referendum as herein provided are in positions covered by a retirement system, are members of such retirement system, and were in such positions at the time of giving of the notice of such referendum, as herein required, except that no such employee shall be considered an eligible employee if at the time of such voting such employee is in a position to which the state agreement applies or if such employee is in service in a police officer or firefighter position.
(4) State agreement, as referred to in sections 68-621 to 68-630, shall mean the agreement between the State of Nebraska and the designated officer of the United States of America entered into pursuant to section 68-603.
Source
Laws 1955, c. 264, § 15, p. 821;
Laws 1969, c. 537, § 1, p. 2187;
Laws 1973, LB 563, § 6;
Laws 1988, LB 802, § 6;
Laws 1996, LB 1044, § 297;
Laws 1999, LB 272, § 20;
Laws 2000, LB 1216, § 18;
Laws 2010, LB684, § 9;
Laws 2011, LB509, § 13.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-622 - Referendum; persons eligible to vote; Governor; powers.

68-622.
Referendum; persons eligible to vote; Governor; powers.
(1) All employees of the State of Nebraska or any political subdivision thereof or any instrumentality jointly created by this state and any other state or states who have heretofore been excluded from receiving or qualifying for benefits under Title II of the Social Security Act because of membership in a retirement system may, when sections 68-621 to 68-630 have been complied with, vote at a referendum upon the question of whether service in positions covered by such retirement system should be excluded from or included under the state agreement, except that if such a referendum has been conducted and certified in accordance with section 218(d)(3) of the Social Security Act, as amended in 1954, prior to May 18, 1955, then no further referendum shall be required, but this shall not prohibit the conducting of such further referendum.
(2) The Governor may authorize a referendum and designate any agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under sections 68-601 to 68-631.
Source
Laws 1955, c. 264, § 16, p. 822;
Laws 1990, LB 820, § 11;
Laws 2000, LB 1216, § 19;
Laws 2010, LB684, § 10.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-623 - Referendum; how conducted.

68-623.
Referendum; how conducted.
Such referendum shall comply with the conditions set out in section 218(d)(3) of the Social Security Act, and: (1) It shall be by secret written ballot upon the question of whether service in positions covered by such retirement system should be excluded from or included under the state agreement; (2) an opportunity to vote in such referendum shall be given, and shall be limited, to eligible employees; (3) not less than ninety days' notice of such referendum shall be given to all such employees; and (4) such referendum shall be conducted under the supervision of the Governor, or an agency or individual designated by him.
Source
Laws 1955, c. 264, § 17, p. 823.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-624 - Referendum; completion; certification; notice; contents.

68-624.
Referendum; completion; certification; notice; contents.
(1) Upon completion of such referendum, the agency or individual designated by the Governor to supervise such referendum shall certify the result thereof to the Governor and shall further provide the Governor with such proof as the Governor may require that the conduct of the referendum met the requirements set forth in section 68-623.
(2) Upon receipt of the certificate mentioned in subsection (1) of this section and the additional proof submitted therewith, the Governor shall, if the result of such referendum is favorable to the inclusion of service covered by the retirement system in question under the state agreement, prepare and submit to the Secretary of Health and Human Services the certificate required by section 218(d)(3) of the Social Security Act and shall further notify the state agency forthwith of the result of such referendum, whether such result is favorable or unfavorable to such inclusion.
(3) The state agency shall, within seven days after the receipt of notice of the result of any such referendum as provided for in subsection (2) of this section, give notice thereof to each managing authority, as defined in subsection (2) of section 68-621, whose employees, or some of whose employees, are included in the referendum group, as defined in subsection (1) of section 68-621, participating in such referendum. Such notice shall include a designation of the employees subordinate to such managing authority affected by such referendum and shall be given to such managing authorities by prepaid United States mail by either registered or certified letter addressed to such managing authority with a return receipt requested.
Source
Laws 1955, c. 264, § 18, p. 823;
Laws 1957, c. 242, § 50, p. 861;
Laws 1984, LB 933, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-625 - Referendum; state agency; prepare plan; modification of state agreement.

68-625.
Referendum; state agency; prepare plan; modification of state agreement.
If, upon referendum, a majority of the eligible employees included in a referendum group which is defined in section 68-621 vote in favor of including service in positions included in such group under the state agreement, the state agency shall, within ninety days after the mailing of notice of the result of such referendum, prepare a plan for extending the benefits of Title II of the Social Security Act to such employees. Such plan shall meet the requirements of section 68-608 and shall inform the managing authority or authorities whose employees are included in such group of the provisions of such plan. Upon completion of such plan, the state agency shall apply for a modification of the state agreement to make it applicable to services performed by the employees of the state or of such political subdivision or educational institution eligible for inclusion under such agreement. The state agency may prepare such applications for modification to cover one or more such plans as it deems advisable, except that the state agency shall not delay application for such modification more than six months after the preparation of any plan as set forth in this section. The state agency may require any such managing authority to furnish any information necessary for the preparation of such plan by the state agency.
Source
Laws 1955, c. 264, § 19, p. 824;
Laws 1988, LB 802, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-626 - Referendum; state agency; forms; make available; aid political subdivisions.

68-626.
Referendum; state agency; forms; make available; aid political subdivisions.
The state agency shall prepare and make available for the use of the state, its political subdivisions, and instrumentalities of the state and any other state or states, forms of notices, ballots, and any other forms necessary for the conduct of the referendum provided for in sections 68-621 to 68-630, and shall aid in the completion and preparation of such instruments by the officers of referendum groups and shall provide advice and assistance to officers of the state, political subdivisions thereof, and instrumentalities of the state and other states jointly, relative to the preparation for and conduct of such referendums, and relative to the preparation and submission of plans for the extension of benefits under Title II of the Social Security Act to the employees thereof.
Source
Laws 1955, c. 264, § 20, p. 825.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-627 - Referendum; supervision.

68-627.
Referendum; supervision.
The Governor or some agency or individual designated by him or her shall, at such time or times and places and in such manner as the Governor or such agency or individual shall determine, conduct and supervise referendums as provided by sections 68-621 to 68-630 among the eligible employees included in the referendum groups referred to in section 68-621.
Source
Laws 1955, c. 264, § 21, p. 825;
Laws 1988, LB 802, § 8.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-629 - Referendum; Governor; appointment of agency to conduct; cost; payment.

68-629.
Referendum; Governor; appointment of agency to conduct; cost; payment.
Upon written request made by the managing authority of any referendum group, other than those referendum groups mentioned in section 68-621, and delivered to the Governor, the Governor, shall, within fifteen days after the receipt of such request, appoint the managing authority, or such other agency or individual, as he may designate, to conduct a referendum as provided by the provisions of sections 68-621 to 68-630 among the eligible employees included in such referendum group within four months of the date of such appointment. The cost of such a referendum shall be paid by the managing authority making the request.
Source
Laws 1955, c. 264, § 23, p. 826.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-630 - Political subdivisions; delinquency in payment; manner of collection.

68-630.
Political subdivisions; delinquency in payment; manner of collection.
In addition to other remedies provided for the collection or recovery of delinquent payments due under section 68-610, the state agency may, in the event of any such delinquency, notify the county treasurer of the appropriate county to withhold payment to the delinquent political subdivision of any funds in the hands of such county treasurer to which such delinquent political subdivision would otherwise be entitled. The notice referred to shall be sent to the county treasurer by certified or registered mail, and a copy of such notice shall be sent by ordinary mail to the secretary of the delinquent political subdivision. The county treasurer shall thereafter withhold payments in the manner provided in this section until notified by the state agency that the delinquency has been corrected.
Source
Laws 1955, c. 264, § 24, p. 826;
Laws 1987, LB 93, § 17.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-631 - Metropolitan utilities district; social security; employees; separate group; referendum; effect.

68-631.
Metropolitan utilities district; social security; employees; separate group; referendum; effect.
Sections 68-601 to 68-631 and any amendments thereto shall, except as otherwise provided in this section, be applicable to metropolitan utilities districts and employees and appointees of metropolitan utilities districts. The state agency contemplated in such sections is authorized to enter, on behalf of the State of Nebraska, into an agreement with any authorized agent of the United States Government for the purpose of extending the benefits of the Federal Old Age and Survivors' Insurance system, as amended by Public Law 761, approved September 1, 1954, to the appointees and employees of each metropolitan utilities district, and all of the appointees and employees covered by a contributory retirement plan are hereby declared to be a separate group for the purposes of referendum and subsequent coverage. Metropolitan utilities districts are hereby declared to be political subdivisions as defined in section 68-602, and the Governor is authorized to appoint the board of directors of any metropolitan utilities district as the agency designated by him or her to supervise any referendum required to be conducted under the Social Security Act and is authorized to make any certifications required by the act to be made to the Secretary of Health and Human Services.
Source
Laws 1955, c. 25, § 2, p. 118;
Laws 1984, LB 933, § 8;
Laws 1990, LB 820, § 12;
Laws 2000, LB 1216, § 20;
Laws 2010, LB684, § 11.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-703.01 - Department of Health and Human Services; federal funds; expenditures; authorized.

68-703.01.
Department of Health and Human Services; federal funds; expenditures; authorized.
The Department of Health and Human Services has the authority to use any funds which may be made available through an agency of the government of the United States to reimburse any county of this state, either in whole or in part, for the following expenditures: (1) Employment of staff whose duties involve the giving or strengthening of services to children, (2) the return of any nonresident child to his or her place of residence when such child shall be found in the county, and (3) the temporary cost of board and care of a needy child who by necessity requires care in a foster home.
Source
Laws 1959, c. 312, § 1, p. 1152;
Laws 1961, c. 415, § 16, p. 1254;
Laws 1996, LB 1044, § 298;
Laws 2007, LB296, § 242.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-716 - Department of Health and Human Services; medical assistance; right of subrogation.

68-716.
Department of Health and Human Services; medical assistance; right of subrogation.
An application for medical assistance shall give a right of subrogation to the Department of Health and Human Services or its assigns. Subject to sections 68-921 to 68-925, subrogation shall include every claim or right which the applicant may have against a third party when such right or claim involves money for medical care. The third party shall be liable to make payments directly to the department or its assigns as soon as he or she is notified in writing of the valid claim for subrogation under this section.
Source
Laws 1976, LB 239, § 1;
Laws 1982, LB 522, § 35;
Laws 1988, LB 419, § 14;
Laws 1989, LB 362, § 7;
Laws 1996, LB 1044, § 300;
Laws 1996, LB 1155, § 22;
Laws 2006, LB 1248, § 69;
Laws 2007, LB296, § 243.
Annotations
Upon filing of a notice of subrogation under this section, in a workers' compensation case, the Department of Social Services and any third party liable to the department are entitled to a determination of the subrogation interest. Kidd v. Winchell's Donut House, 237 Neb. 176, 465 N.W.2d 442 (1991).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-717 - Department of Health and Human Services; assume responsibility for public assistance programs.

68-717.
Department of Health and Human Services; assume responsibility for public assistance programs.
The Department of Health and Human Services shall assume the responsibility for all public assistance, including aid to families with dependent children, emergency assistance, assistance to the aged, blind, or disabled, medically handicapped children's services, commodities, the Supplemental Nutrition Assistance Program, and medical assistance.
Source
Laws 1982, LB 522, § 33;
Laws 1983, LB 604, § 23;
Laws 1985, LB 249, § 4;
Laws 1989, LB 362, § 8;
Laws 1996, LB 1044, § 301;
Laws 2007, LB296, § 244;
Laws 2009, LB288, § 17.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-718 - Furniture, property, personnel; transferred to Department of Health and Human Services; personnel, how treated.

68-718.
Furniture, property, personnel; transferred to Department of Health and Human Services; personnel, how treated.
All furniture, equipment, books, files, records, and personnel utilized by the county divisions or boards of public welfare for the administration of public assistance programs shall be transferred and delivered to the Department of Health and Human Services. The transferred employees shall not lose any accrued benefits or status due to the transfer and shall receive the same benefits as other state employees, including participation in the State Employees Retirement Fund.
Source
Laws 1982, LB 522, § 34;
Laws 1996, LB 1044, § 302;
Laws 2007, LB296, § 245.
Annotations
This section as it existed prior to January 1, 1997, does not impermissibly authorize the transfer of property purchased solely with county funds from the county for the benefit of others outside that county; violate Neb. Const. art. VIII, sec. 1A, which prohibits the State from levying a property tax for state purposes; nor violate the county's due process rights under U.S. Const. amends. V and XIV and Neb. Const. art. I, sec. 3. Rock Cty. v. Spire, 235 Neb. 434, 455 N.W.2d 763 (1990).
Under prior law, a county's refusal to return retirement plan contributions made by the county on behalf of transferred employees is not a loss of benefits in violation of this section. Bamesberger v. Albert, 227 Neb. 782, 420 N.W.2d 289 (1988).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-720 - Aid to dependent children; child care subsidy program; administrative disqualification; intentional program violation; disqualification period.

68-720.
Aid to dependent children; child care subsidy program; administrative disqualification; intentional program violation; disqualification period.
(1) The Department of Health and Human Services shall establish an administrative disqualification process for the aid to dependent children program described in section 43-512 and the child care subsidy program established pursuant to section 68-1202. The department may initiate an administrative disqualification proceeding when it has reason to believe, on the basis of sufficient documentary evidence, that an individual has committed an intentional program violation. Proceedings under this section shall be subject to the Administrative Procedure Act.
(2) If an individual is found to have committed an intentional program violation, a period of disqualification shall be imposed. The period may be determined by the Department of Health and Human Services after an administrative disqualification hearing or without a hearing if the individual waives his or her right to such hearing. The period of disqualification shall be: (a) For a first violation, up to one year; (b) for a second violation, up to two years; and (c) for a third violation, permanent disqualification. The penalties described in this subsection shall also be imposed if the individual is found by a court to have violated section 68-1017.
(3) For the aid to dependent children program, only the individual found to have committed the intentional program violation shall be disqualified under this section. For the child care subsidy program, the individual found to have committed the intentional violation shall disqualify such individual and his or her family under this section. The department shall inform each applicant in writing of the penalties described in this section for intentional program violations each time an application for benefits is made to either program.
(4) For purposes of this section, intentional program violation means any action by an individual to intentionally (a) make a false statement, either verbally or in writing, to obtain benefits to which the individual is not entitled, (b) conceal information to obtain benefits to which the individual is not entitled, or (c) alter one or more documents to obtain benefits to which the individual is not entitled.
(5) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2008, LB797, § 30.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-901 - Medical Assistance Act; act, how cited.

68-901.
Medical Assistance Act; act, how cited.
Sections 68-901 to 68-9,104 shall be known and may be cited as the Medical Assistance Act.
Source
Laws 2006, LB 1248, § 1;
Laws 2008, LB830, § 1;
Laws 2009, LB27, § 1;
Laws 2009, LB288, § 18;
Laws 2009, LB342, § 1;
Laws 2009, LB396, § 1;
Laws 2010, LB1106, § 1;
Laws 2011, LB525, § 1;
Laws 2012, LB541, § 1;
Laws 2012, LB599, § 2;
Laws 2015, LB500, § 1;
Laws 2016, LB698, § 15;
Laws 2017, LB268, § 10;
Laws 2017, LB578, § 1;
Initiative Law 2018, No. 427, § 1;
Laws 2019, LB468, § 1;
Laws 2019, LB726, § 1;
Laws 2020, LB956, § 1;
Laws 2020, LB1002, § 43;
Laws 2020, LB1053, § 1;
Laws 2020, LB1158, § 1;
Laws 2021, LB100, § 1;
Laws 2023, LB227, § 57.
Operative Date: June 7, 2023
Annotations
By enacting the Medical Assistance Act, Nebraska elected to participate in the federal Medicaid program; therefore, the State must comply with federal Medicaid statutes and regulations. Smalley v. Nebraska Dept. of Health & Human Servs., 283 Neb. 544, 811 N.W.2d 246 (2012).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-902 - Purposes of act.

68-902.
Purposes of act.
The purposes of the Medical Assistance Act are to (1) reorganize and recodify statutes relating to the medical assistance program, (2) provide for implementation of the Medicaid Reform Plan, (3) clarify public policy relating to the medical assistance program, (4) provide for administration of the medical assistance program within the department, and (5) provide for legislative oversight and public comment regarding the medical assistance program.
Source
Laws 2006, LB 1248, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-903 - Medical assistance program; established.

68-903.
Medical assistance program; established.
The medical assistance program is established, which shall also be known as medicaid.
Source
Laws 1965, c. 397, § 3, p. 1277;
R.S.1943, (2003), § 68-1018;
Laws 2006, LB 1248, § 3.
Annotations
Nebraska has elected to participate in the federal Medicaid program through the enactment of this section. Boruch v. Nebraska Dept. of Health and Human Servs., 11 Neb. App. 713, 659 N.W.2d 848 (2003).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-904 - Legislative findings.

68-904.
Legislative findings.
The Legislature finds that (1) many low-income Nebraska residents have health care and related needs and are unable, without assistance, to meet such needs, (2) publicly funded medical assistance provides essential coverage for necessary health care and related services for eligible low-income Nebraska children, pregnant women and families, aged persons, and persons with disabilities, (3) publicly funded medical assistance alone cannot meet all of the health care and related needs of all low-income Nebraska residents, (4) the State of Nebraska cannot sustain a rate of growth in medical assistance expenditures that exceeds the rate of growth of General Fund revenue, (5) policies must be established for the medical assistance program that will effectively address the health care and related needs of eligible recipients and effectively moderate the growth of medical assistance expenditures, and (6) publicly funded medical assistance must be integrated with other public and private health care and related initiatives providing access to health care and related services for Nebraska residents.
Source
Laws 2006, LB 1248, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-905 - Program of medical assistance; statement of public policy.

68-905.
Program of medical assistance; statement of public policy.
It is the public policy of the State of Nebraska to provide a program of medical assistance on behalf of eligible low-income Nebraska residents that (1) assists eligible recipients to access necessary and appropriate health care and related services, (2) emphasizes prevention, early intervention, and the provision of health care and related services in the least restrictive environment consistent with the health care and related needs of the recipients of such services, (3) emphasizes personal independence, self-sufficiency, and freedom of choice, (4) emphasizes personal responsibility and accountability for the payment of health care and related expenses and the appropriate utilization of health care and related services, (5) cooperates with public and private sector entities to promote the public health, (6) cooperates with providers, public and private employers, and private sector insurers in providing access to health care and related services and encouraging and supporting the development and utilization of alternatives to publicly funded medical assistance for such services, (7) is appropriately managed and fiscally sustainable, and (8) qualifies for federal matching funds under federal law.
Source
Laws 2006, LB 1248, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-906 - Medical assistance; state accepts federal provisions.

68-906.
Medical assistance; state accepts federal provisions.
For purposes of paying medical assistance under the Medical Assistance Act and sections 68-1002 and 68-1006, the State of Nebraska accepts and assents to all applicable provisions of Title XIX and Title XXI of the federal Social Security Act. Any reference in the Medical Assistance Act to the federal Social Security Act or other acts or sections of federal law shall be to such federal acts or sections as they existed on January 1, 2010.
Source
Laws 1965, c. 397, § 6, p. 1278;
Laws 1993, LB 808, § 2;
Laws 1996, LB 1044, § 324;
Laws 1998, LB 1063, § 7;
Laws 2000, LB 1115, § 10;
Laws 2005, LB 301, § 4;
R.S.Supp.,2005, § 68-1021;
Laws 2006, LB 1248, § 6;
Laws 2007, LB185, § 1;
Laws 2008, LB797, § 4;
Laws 2009, LB288, § 19;
Laws 2010, LB849, § 13.
Annotations
This section requires the director of the Department of Health and Human Services Finance and Support to promulgate rules and policies implementing the Nebraska Medicaid program. Boruch v. Nebraska Dept. of Health and Human Servs., 11 Neb. App. 713, 659 N.W.2d 848 (2003).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-908 - Department; powers and duties.

68-908.
Department; powers and duties.
(1) The department shall administer the medical assistance program.
(2) The department may (a) enter into contracts and interagency agreements, (b) adopt and promulgate rules and regulations, (c) adopt fee schedules, (d) apply for and implement waivers and managed care plans for services for eligible recipients, including services under the Nebraska Behavioral Health Services Act, and (e) perform such other activities as necessary and appropriate to carry out its duties under the Medical Assistance Act. A covered item or service as described in section 68-911 that is furnished through a school-based health center, furnished by a provider, and furnished under a managed care plan pursuant to a waiver does not require prior consultation or referral by a patient's primary care physician to be covered. Any federally qualified health center providing services as a sponsoring facility of a school-based health center shall be reimbursed for such services provided at a school-based health center at the federally qualified health center reimbursement rate.
(3) The department shall maintain the confidentiality of information regarding applicants for or recipients of medical assistance and such information shall only be used for purposes related to administration of the medical assistance program and the provision of such assistance or as otherwise permitted by federal law.
(4) The department shall prepare an annual summary and analysis of the medical assistance program for legislative and public review. The department shall submit a report of such summary and analysis to the Governor and the Legislature electronically no later than December 1 of each year.
Source
Laws 1965, c. 397, § 8, p. 1278;
Laws 1967, c. 413, § 2, p. 1278;
Laws 1982, LB 522, § 43;
Laws 1996, LB 1044, § 325;
R.S.1943, (2003), § 68-1023;
Laws 2006, LB 1248, § 8;
Laws 2007, LB296, § 247;
Laws 2009, LB288, § 20;
Laws 2010, LB1106, § 3;
Laws 2012, LB782, § 91;
Laws 2012, LB1158, § 1;
Laws 2017, LB417, § 7.
Cross References
Nebraska Behavioral Health Services Act, see section 71-801.