reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2709 - Employee; cause of action authorized; attorney's fees; presumption.

81-2709.
Employee; cause of action authorized; attorney's fees; presumption.
(1) An employee aggrieved by the decision rendered pursuant to subsection (1) of section 81-2707 who has been or is about to be injured by a violation of section 81-2705 shall be entitled to maintain a cause of action pursuant to the Administrative Procedure Act for damages, reinstatement, backpay, and such other relief, including preliminary relief, as the court may deem appropriate. An employee who prevails in an action under this subsection shall receive reasonable attorney's fees incurred during the action.
(2) In an action brought pursuant to subsection (1) of this section by an employee who establishes that a personnel action was taken against him or her after he or she submitted an allegation of wrongdoing or provided information to the Public Counsel, his or her investigators, employees, or agents, or an official in conjunction with a preliminary or formal investigation undertaken pursuant to section 81-2704, the personnel action shall be presumed to have been taken against such employee because of such allegation. Such presumption may be rebutted by appropriate evidence.
Source
Laws 1993, LB 44, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2710 - Intentional misuse of act; disciplinary action.

81-2710.
Intentional misuse of act; disciplinary action.
No employee shall intentionally misuse the State Government Effectiveness Act. Intentional misuse shall include frivolous use, attempts to treat a personnel grievance as an allegation of wrongdoing, and repeated attempts to use such procedures to obtain a resolution of views that do not satisfy the criteria prescribed in subdivision (5) of section 81-2703 for allegations of wrongdoing. The Public Counsel or official may report to the agency any employee found by the Public Counsel or official to have intentionally misused the act, and such employee may be subject to such disciplinary action as is deemed appropriate by the director or chief operating officer of the employee's agency.
Source
Laws 1993, LB 44, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2711 - Employee rights and responsibilities; notice required.

81-2711.
Employee rights and responsibilities; notice required.
(1) By December 31, 2005, the Public Counsel shall prepare for agencies a written notice of the rights and responsibilities of employees under the State Government Effectiveness Act. By January 31, 2006, the Public Counsel shall distribute the written notice to each agency.
(2) Beginning January 31, 2006, each agency shall post the notice in a conspicuous manner at the place of employment. Each agency shall inform its employees of their rights and responsibilities under the State Government Effectiveness Act by distributing the notice to each employee in print or electronic format.
Source
Laws 2005, LB 475, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2801 - Railroad right-of-way; acquisition by state agency; approval of Legislature; exception.

81-2801.
Railroad right-of-way; acquisition by state agency; approval of Legislature; exception.
No agency of this state shall purchase, lease, or acquire real estate from any railroad over a right-of-way outside of incorporated cities and villages which has been permitted to be abandoned by a federal agency without prior approval by the Legislature of such purchase, lease, or acquisition, except that (1) the Game and Parks Commission may acquire all or any part of a railroad right-of-way proposed to be abandoned for interim trail use pursuant to sections 37-303 and 37-914 and (2) the Department of Transportation may acquire such real estate solely for the purpose of highway construction or improvements when such right-of-way is adjacent to an existing state highway or when such right-of-way is needed to maintain existing improvements that have previously been located upon such right-of-way through agreements, easements, or leases. Real estate acquired by the department pursuant to this section which is in excess of that needed or is deemed no longer necessary shall be disposed of as provided for in section 39-1325.
Source
Laws 1971, LB 662, § 2;
Laws 1983, LB 119, § 1;
R.S.1943, (1990), § 74-424;
Laws 1994, LB 414, § 4;
Laws 1996, LB 584, § 21;
Laws 1998, LB 922, § 410;
Laws 2017, LB339, § 290.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2901 - State civil offices; vacancy; how filled.

81-2901.
State civil offices; vacancy; how filled.
Every state civil office filled by appointment shall be vacant upon the happening of any one of the events listed in section 32-560 except as provided in section 32-561. The resignation of the incumbent of such a civil office may be made as provided in section 32-562. Vacancies in such a civil office shall be filled as provided in sections 32-567 and 32-574 and shall be subject to section 32-563.
Source
Laws 1994, LB 76, § 609;
Laws 2015, LB575, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3110 - Act, how cited.

81-3110.
Act, how cited.
Sections 81-3110 to 81-3124 and 81-3133.01 to 81-3133.03 shall be known and may be cited as the Health and Human Services Act.
Source
Laws 2007, LB296, § 1;
Laws 2014, LB974, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3111 - Purposes of act.

81-3111.
Purposes of act.
The purposes of the Health and Human Services Act are to (1) provide for the administration of publicly funded health and human services programs and services in the State of Nebraska through the Department of Health and Human Services; (2) transfer programs, services, and duties of the Department of Health and Human Services, the Department of Health and Human Services Regulation and Licensure, and the Department of Health and Human Services Finance and Support to a single state agency to be known as the Department of Health and Human Services; (3) create six divisions within the Department of Health and Human Services; (4) require the appointment by the Governor of a single chief executive officer for the department, a director for each of the six divisions of the department, and a chief medical officer; and (5) clarify the department's core missions, scope, functions, and responsibilities; ensure and improve accountability, collaboration, and coordination; and enhance services provided to Nebraskans by the department.
Source
Laws 2007, LB296, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3112 - Programs, services, and duties transferred to Department of Health and Human Services.

81-3112.
Programs, services, and duties transferred to Department of Health and Human Services.
Effective July 1, 2007, all programs, services, and duties of the Department of Health and Human Services, the Department of Health and Human Services Regulation and Licensure, and the Department of Health and Human Services Finance and Support shall be transferred to the Department of Health and Human Services.
Source
Laws 2007, LB296, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3113 - Department of Health and Human Services created; divisions.

81-3113.
Department of Health and Human Services created; divisions.
The Department of Health and Human Services is created. The department shall have five divisions to be known as (1) the Division of Behavioral Health, (2) the Division of Children and Family Services, (3) the Division of Developmental Disabilities, (4) the Division of Medicaid and Long-Term Care, and (5) the Division of Public Health.
Source
Laws 2007, LB296, § 4;
Laws 2017, LB340, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3114 - Chief executive officer; qualifications.

81-3114.
Chief executive officer; qualifications.
The Governor shall appoint the chief executive officer of the Department of Health and Human Services who shall have recognized and demonstrated knowledge and expertise in the delivery of publicly funded health and human services programs and services and administrative experience in an executive capacity. The chief executive officer shall report to the Governor and serve at the pleasure of the Governor. The chief executive officer shall be subject to confirmation by a majority vote of the members of the Legislature.
Source
Laws 2007, LB296, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3115 - Division directors; appointment; chief medical officer; duties.

81-3115.
Division directors; appointment; chief medical officer; duties.
(1) The Governor shall appoint a director for each division created in section 81-3113 who shall serve at the pleasure of the Governor and shall report to the chief executive officer. Each division director shall be subject to confirmation by a majority of the members of the Legislature.
(2) If the Director of Public Health is licensed to practice medicine and surgery in the State of Nebraska, he or she shall also be the chief medical officer. If the Director of Public Health is not licensed to practice medicine and surgery in the State of Nebraska, the Governor shall appoint a chief medical officer in addition to the Director of Public Health. The chief medical officer shall be licensed to practice medicine and surgery in the State of Nebraska, shall serve at the pleasure of the Governor, and shall be subject to confirmation by a majority of the members of the Legislature.
(3) The chief medical officer shall perform duties under the Uniform Credentialing Act as provided in section 38-1,101, shall be the final decisionmaker in contested cases of health care facilities defined in the Health Care Facility Licensure Act arising under the act and sections 71-6042, 71-6732, and 81-604.03, and shall perform such other duties as provided by law.
Source
Laws 2007, LB296, § 6;
Laws 2007, LB463, § 1315.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3116 - Responsibilities of divisions.

81-3116.
Responsibilities of divisions.
The responsibilities of the divisions created in section 81-3113 include, but are not limited to, the following:
(1) The Division of Behavioral Health shall administer (a) the state hospitals for the mentally ill designated in section 83-305 and (b) publicly funded community-based behavioral health services;
(2) The Division of Children and Family Services shall administer (a) protection and safety programs and services, including child welfare programs and services and the Office of Juvenile Services, (b) economic and family support programs and services, and (c) service areas as may be designated by the chief executive officer or by the Director of Children and Family Services under authority of the chief executive officer, except that on and after September 1, 2012, the western, central, and northern service areas shall be aligned to be coterminous with the district court judicial districts described in section 24-301.02;
(3) The Division of Developmental Disabilities shall administer (a) the Beatrice State Developmental Center and (b) publicly funded community-based developmental disabilities services;
(4) The Division of Medicaid and Long-Term Care shall administer (a) the medical assistance program also known as medicaid, (b) aging services, and (c) other related programs and services; and
(5) The Division of Public Health shall administer (a) preventive and community health programs and services, (b) the regulation and licensure of health-related professions and occupations, and (c) the regulation and licensure of health care facilities and health care services.
Source
Laws 2007, LB296, § 7;
Laws 2012, LB961, § 4;
Laws 2017, LB340, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3118 - Confidential information; how treated; duties.

81-3118.
Confidential information; how treated; duties.
(1) The chief executive officer of the Department of Health and Human Services may adopt and promulgate rules and regulations which prescribe standards and procedures for access to and security of confidential information among the divisions within the department and within each division. These include standards for collection, maintenance, and use of information in electronic or other storage media. Procedures for disclosure of confidential information among the divisions shall include a determination by the chief executive officer on whether confidential information should be shared among the divisions. In making the determination, the following factors shall be considered:
(a) The law governing the confidentiality of the information and the original purpose for which the information was collected;
(b) The potential for harm to an individual if the disclosure is made;
(c) Whether the disclosure will enhance the coordination of policy development, service provision, eligibility determination, program management, quality assurance, financial services, or support services;
(d) Whether the information is a trade secret, academic or scientific research work which is in progress and unpublished, or other proprietary or commercial information;
(e) Any limitations placed on the use of the information by the original source of the information;
(f) Whether the proposed use is for a bona fide research project or study, the procedures and methodology of which meet the standards for research in the particular body of knowledge;
(g) The security of the information, including the scope of access, ongoing security, publication, and disposal of the information at the end of its use;
(h) The degree to which aggregate or summary data may identify an individual whose privacy would otherwise be protected; and
(i) Whether such information constitutes criminal intelligence information maintained by correctional or law enforcement authorities.
(2) Otherwise confidential information may be disclosed among the divisions pursuant to subsection (1) of this section if not expressly prohibited by law. Such disclosure shall not be considered a public disclosure or make the record a public record. Any further disclosure may be made only if permitted by law or a policy governing the originating division. Each division shall observe confidentiality of human resources information and employment records, except that the divisions shall act and be considered to be one agency for purposes of human resources issues, employment records, and related matters.
(3) All officials and employees shall be informed regarding laws, rules and regulations, and policies governing confidential information and acknowledge receipt of that information.
Source
Laws 2007, LB296, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3119 - Health and Human Services Cash Fund; created; transfer; investment.

81-3119.
Health and Human Services Cash Fund; created; transfer; investment.
The Health and Human Services Cash Fund is created and shall consist of funds from contracts, grants, gifts, or fees. Transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer three hundred thousand dollars on or before July 15, 2015, from the Health and Human Services Cash Fund to the Lead-Based Paint Hazard Control Cash Fund. It is the intent of the Legislature that the transfer to the Lead-Based Paint Hazard Control Cash Fund shall be from funds credited to the Medicaid Fraud Settlement Fund. Any money in the Health and Human Services Cash 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 2007, LB296, § 10;
Laws 2008, LB961, § 6;
Laws 2009, LB288, § 39;
Laws 2009, First Spec. Sess., LB3, § 85;
Laws 2013, LB199, § 38;
Laws 2015, LB661, § 36.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3120 - Petty cash funds authorized.

81-3120.
Petty cash funds authorized.
The chief executive officer of the Department of Health and Human Services may request that petty cash funds be created at specific locations which may be used for fees and costs related to the prosecution of support establishment, modification, and enforcement cases, including, but not limited to, court costs, filing fees, service of process fees, sheriff's costs, garnishment and execution fees, court reporter and transcription costs, costs related to appeals, witness and expert witness fees, and fees or costs for obtaining necessary documents. The petty cash funds shall be created and administered as provided in section 81-104.01, except that the amount in each petty cash fund shall not be less than twenty-five dollars nor more than two thousand dollars.
Source
Laws 2007, LB296, § 11;
Laws 2011, LB265, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3121 - Contracts, documents, funds, and records of departments transferred to Department of Health and Human Services; how treated.

81-3121.
Contracts, documents, funds, and records of departments transferred to Department of Health and Human Services; how treated.
On and after July 1, 2007, whenever the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, or the Department of Health and Human Services Regulation and Licensure is referred to or designated by any contract or other document in connection with the duties and functions transferred to the Department of Health and Human Services pursuant to the Health and Human Services Act, such reference or designation shall apply to such department. All contracts entered into by the agencies prior to July 1, 2007, in connection with the duties and functions transferred to the department are hereby recognized, with the department succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to the department for the payments of such obligations. All licenses, certificates, registrations, permits, seals, or other forms of approval issued by the departments in accordance with functions or duties transferred to the department shall remain valid as issued under the names of the original departments unless revoked or their effectiveness is otherwise terminated as provided by law. All documents and records transferred, or copies of the same, may be authenticated or certified by the department for all legal purposes.
Source
Laws 2007, LB296, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3122 - Rules, regulations, orders, judicial or administrative proceedings, and references in law; how treated.

81-3122.
Rules, regulations, orders, judicial or administrative proceedings, and references in law; how treated.
All rules, regulations, and orders of the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, or the Department of Health and Human Services Regulation and Licensure or their predecessor agencies adopted prior to July 1, 2007, in connection with the powers, duties, and functions transferred to the Department of Health and Human Services pursuant to the Health and Human Services Act, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2007, or which could have been commenced prior to that date, by or against any of such departments, or any director or employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, or the Department of Health and Human Services Regulation and Licensure to the Department of Health and Human Services.
On and after July 1, 2007, unless otherwise specified, whenever any provision of law refers to the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, or the Department of Health and Human Services Regulation and Licensure in connection with duties and functions transferred to the Department of Health and Human Services, such law shall be construed as referring to such department.
Source
Laws 2007, LB296, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3123 - Employees of departments transferred to Department of Health and Human Services; how treated.

81-3123.
Employees of departments transferred to Department of Health and Human Services; how treated.
On and after July 1, 2007, positions of employment in the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, and the Department of Health and Human Services Regulation and Licensure related to the powers, duties, and functions transferred pursuant to the Health and Human Services Act are transferred to the Department of Health and Human Services. For purposes of the transition, employees of the former departments shall be considered employees of the Department of Health and Human Services and shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the divisions or the chief executive officer of the Department of Health and Human Services from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2007, LB296, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3124 - Property of departments transferred to Department of Health and Human Services; how treated.

81-3124.
Property of departments transferred to Department of Health and Human Services; how treated.
On July 1, 2007, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, and the Department of Health and Human Services Regulation and Licensure pertaining to the duties and functions transferred to the Department of Health and Human Services pursuant to the Health and Human Services Act shall become the property of such department.
Source
Laws 2007, LB296, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3125 - Personnel who work with sex offenders; duties; department; maintain records; contents.

81-3125.
Personnel who work with sex offenders; duties; department; maintain records; contents.
(1) The personnel of the Department of Health and Human Services who work with sex offenders shall develop, maintain, and adhere to written policies or administrative rules and regulations governing the transfer and discharge of sex offenders treated in a program of the department. At a minimum, the policies or rules and regulations shall contain:
(a) Specific requirements regarding treatment that sex offenders are required to meet in order to be transferred from one sex offender treatment unit to another or to be discharged from treatment; and
(b) A list of the personnel of the department who are required to review and document their opinions regarding the treatment progress of each sex offender prior to his or her transfer or discharge.
(2) The department shall maintain, along with each sex offender's permanent medical records, complete treatment records for sex offenders treated in a program of the department, including documentation of the reason behind transfer and discharge decisions. At a minimum, each sex offender's records shall contain:
(a) Detailed documentation that the sex offender has or has not met the requirements for transfer or discharge; and
(b) Signed comments from all personnel of the department required to review the sex offender's treatment progress prior to his or her transfer or discharge.
Source
Laws 2007, LB610, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3127 - Program administration; terms, defined.

81-3127.
Program administration; terms, defined.
For purposes of sections 81-3127 to 81-3132:
(1) Client means an applicant for one or more economic assistance programs or his or her legal representative;
(2) Community-based organization means:
(a) An area agency on aging established pursuant to the Nebraska Community Aging Services Act;
(b) A Nebraska-based community action agency designated under the federal Economic Opportunity Act of 1964, 42 U.S.C. 2701 et seq.;
(c) A Nebraska-based center for independent living established under the federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as such act existed on January 1, 2012;
(d) A Nebraska-based rural health clinic established under the federal Rural Health Clinics Act of 1983, 42 U.S.C. 201 et seq., as such act existed on January 1, 2012;
(e) A Nebraska-based federally qualified health center and rural health clinic as such terms are defined in the federal Social Security Act, 42 U.S.C. 1395x(aa), as such section existed on January 1, 2012; and
(f) Any other organization that demonstrates to the Department of Health and Human Services that it can comply with the requirements of subsection (2) of section 81-3131;
(3) Economic assistance programs includes aid to dependent children; aid to the aged, blind, and disabled; Supplemental Nutrition Assistance Program; medicaid; child care; emergency assistance; energy assistance; social services block grants; and other similar programs administered by the department; and
(4) Existing local office means all office locations for economic assistance programs of the Department of Health and Human Services that existed on January 1, 2012.
Source
Laws 2012, LB825, § 1.
Cross References
Nebraska Community Aging Services Act, see section 81-2201.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3128 - Program administration; staffing; considerations; caseworkers; activities; appointments; equipment.

81-3128.
Program administration; staffing; considerations; caseworkers; activities; appointments; equipment.
(1) The Department of Health and Human Services shall staff multiple, integrated access points for economic assistance programs administered by the department in order to assure that Nebraskans who rely on such programs will be able to utilize them effectively.
(2) The department shall staff existing local offices that provide access to economic assistance programs throughout the state with caseworkers to provide in-person services to department clients. The department shall provide sufficient numbers and hours of staff to perform the activities described in this section and section 81-3129.
(3) The department shall determine appropriate numbers and hours of staff for each existing local office based on a review of the need in each service area. In determining the appropriate numbers and hours of staff, the department shall, at a minimum, consider: (a) The need for staff to travel to community-based organizations as provided in section 81-3131; (b) the volume of economic assistance cases in the counties served by the existing local office; (c) the number of community-based organizations in the counties served by the existing local office; (d) the volume of call-center calls originating in the counties served by the existing local office; and (e) the requirements of sections 81-3127 to 81-3131.
(4) Caseworkers at existing local offices shall perform the following activities by appointment and on a drop-in basis:
(a) Help clients complete assistance and renewal applications;
(b) Screen clients for program eligibility;
(c) Interview clients for assistance eligibility and assistance renewal eligibility;
(d) Determine program eligibility of the client; and
(e) Answer client questions in person.
(5) Department call centers for economic assistance programs shall take appointments for face-to-face help for clients regarding or relating to such assistance upon request of the client.
(6) Each existing local office shall be equipped with a reasonable number of computers, telephones, and scanning equipment for client use.
Source
Laws 2012, LB825, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3129 - Program administration; services for clients; dedicated caseworkers; specialized department employees or units.

81-3129.
Program administration; services for clients; dedicated caseworkers; specialized department employees or units.
(1) The Department of Health and Human Services shall provide high-quality services for clients who apply for or receive benefits under public benefit programs administered by the department.
(2) The department shall utilize department caseworkers who are located in call centers, dedicated caseworkers, and specialized department employees or units who will provide in-person assistance to specific clients.
(3) Upon the request of the client, dedicated caseworkers shall, at a minimum, be utilized for persons with chronic physical or mental disorders and the elderly that require the provision of medical and personal care services on a recurring or continuing basis.
(4) Specialized department employees or units shall, at a minimum, be utilized for complex cases, including medicaid waiver cases, medicaid spousal impoverishment cases, disability cases, and other similar cases upon request of the client.
(5) The dedicated caseworkers and specialized department employees or units shall be placed in the existing local offices and shall be accessible to department caseworkers in call centers.
Source
Laws 2012, LB825, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3130 - Program administration; community support specialists; duties; training required.

81-3130.
Program administration; community support specialists; duties; training required.
(1) Community support specialists within the Department of Health and Human Services shall:
(a) Act as a liaison between the department and community-based organizations;
(b) Facilitate client assistance by community-based organizations;
(c) Train community-based organizations in how to help clients access economic assistance programs through the department website; and
(d) Respond to client problems with the application process known as Access Nebraska or its successor.
(2) The department shall determine the appropriate numbers and hours of community support specialists but shall, at a minimum, employ eight community support specialists to perform the requirements of subsection (1) of this section. The community support specialists shall receive annual training in:
(a) Principles and practices of public administration;
(b) Procedure and policy development; and
(c) Federal and state laws, rules, regulations, and procedures pertaining to health and human services programs.
Source
Laws 2012, LB825, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3131 - Program administration; contracts with community-based organizations authorized; Department of Health and Human Services; duties.

81-3131.
Program administration; contracts with community-based organizations authorized; Department of Health and Human Services; duties.
(1) The Department of Health and Human Services shall enter into contracts with community-based organizations which allow the department to keep caseworkers present at the community-based organization at the times specified in the contract. A contract under this section shall specify sufficient times to allow caseworkers to:
(a) Screen and conduct interviews for assistance eligibility and assistance renewal;
(b) Assist clients with assistance applications and renewals;
(c) Receive assistance applications and renewals;
(d) Answer questions in person;
(e) Train and provide technical assistance to staff of community-based organizations; and
(f) Conduct face-to-face interviews with clients by appointment and on a drop-in basis.
(2) In addition to the requirements specified in subsection (1) of this section, each such contract shall allow the community-based organization to:
(a) Provide quality, accurate information relating to economic assistance programs that are targeted at populations known to have low participation rates in or difficulty accessing such assistance programs;
(b) Provide quality outreach to clients in the target populations who utilize economic assistance programs;
(c) Assist clients in scheduling appointments with caseworkers at a community-based organization facility or local office that provides access to economic assistance programs, whichever the client prefers;
(d) Assist with organization of information required for economic assistance application or renewal; and
(e) Negotiate fair compensation for services provided to applicants for economic assistance benefits as described in this section.
(3) The department shall maintain a sufficient number of contracts to provide access to assistance for all Nebraska citizens in establishing and maintaining eligibility for economic assistance programs. In determining the number of contracts with community-based organizations, the department shall, at a minimum, consider:
(a) The geographic distance applicants would be required to travel to meet with a caseworker in person and how to minimize that distance;
(b) The volume of economic assistance cases in the service area and how to adequately serve those cases;
(c) The number of clients in an area who have difficulty in verbal and written communication due to hearing or vision impairment, language barriers, or literacy challenges and how to accommodate their needs;
(d) The community-based organization's ability to serve the need; and
(e) The number of existing local offices in the service area.
Source
Laws 2012, LB825, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3132 - Program administration; Department of Health and Human Services; implement requirements; report.

81-3132.
Program administration; Department of Health and Human Services; implement requirements; report.
The Department of Health and Human Services shall fulfill the requirements of sections 81-3127 to 81-3131 by September 1, 2012. The department shall train community-based organizations by September 1, 2012. The department shall report back to the Health and Human Services Committee of the Legislature by September 15, 2012, regarding the implementation of sections 81-3127 to 81-3131, including, but not limited to, the reasons for the department's determinations of the appropriate number of staff and hours pursuant to section 81-3128 and the number of community-based organization contracts pursuant to section 81-3131.
Source
Laws 2012, LB825, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3133.01 - Division of Behavioral Health; strategic plan; key goals; benchmarks; progress reports.

81-3133.01.
Division of Behavioral Health; strategic plan; key goals; benchmarks; progress reports.
(1) For the biennium ending June 30, 2017, and the biennium ending June 30, 2019, the Division of Behavioral Health of the Department of Health and Human Services shall, as part of the appropriations request process pursuant to subsection (1) of section 81-132, include a strategic plan that identifies the main purpose or purposes of each program, verifiable and auditable key goals that the division believes are fair measures of its progress in meeting each program's main purpose or purposes, and benchmarks for improving performance on the key goals. The division shall also report whether the benchmarks are being met and, if not, the expected timeframes for meeting them. Such key goals and benchmarks shall be developed by the division with the assistance of the budget division of the Department of Administrative Services pursuant to subdivision (3) of section 81-1113.
(2) Not later than September 15, 2015, and not later than September 15, 2017, the Division of Behavioral Health of the Department of Health and Human Services shall report electronically to the Health and Human Services Committee of the Legislature and the Appropriations Committee of the Legislature on the progress towards the key goals identified pursuant to this section that occurred in the previous twelve months. The division shall annually appear at a joint hearing of the two legislative committees and present the report.
Source
Laws 2014, LB974, § 12;
Laws 2016, LB1092, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3133.02 - Division of Developmental Disabilities; strategic plan; key goals; benchmarks; progress reports.

81-3133.02.
Division of Developmental Disabilities; strategic plan; key goals; benchmarks; progress reports.
(1) For the biennium ending June 30, 2017, and the biennium ending June 30, 2019, the Division of Developmental Disabilities of the Department of Health and Human Services shall, as part of the appropriations request process pursuant to subsection (1) of section 81-132, include a strategic plan that identifies the main purpose or purposes of each program, verifiable and auditable key goals that the division believes are fair measures of its progress in meeting each program's main purpose or purposes, and benchmarks for improving performance on the key goals. The division shall also report whether the benchmarks are being met and, if not, the expected timeframes for meeting them. Such key goals and benchmarks shall be developed by the division with the assistance of the budget division of the Department of Administrative Services pursuant to subdivision (3) of section 81-1113.
(2) Not later than September 15, 2015, and not later than September 15, 2017, the Division of Developmental Disabilities of the Department of Health and Human Services shall report electronically to the Health and Human Services Committee of the Legislature and the Appropriations Committee of the Legislature on the progress towards the key goals identified pursuant to this section that occurred in the previous twelve months. The division shall annually appear at a joint hearing of the two legislative committees and present the report.
Source
Laws 2014, LB974, § 13;
Laws 2016, LB1092, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3133.03 - Division of Medicaid and Long-Term Care; strategic plan; key goals; benchmarks; progress reports.

81-3133.03.
Division of Medicaid and Long-Term Care; strategic plan; key goals; benchmarks; progress reports.
(1) For the biennium ending June 30, 2017, and the biennium ending June 30, 2019, the Division of Medicaid and Long-Term Care of the Department of Health and Human Services shall, as part of the appropriations request process pursuant to subsection (1) of section 81-132, include a strategic plan that identifies the main purpose or purposes of each program, verifiable and auditable key goals that the division believes are fair measures of its progress in meeting each program's main purpose or purposes, and benchmarks for improving performance on the key goals. The division shall also report whether the benchmarks are being met and, if not, the expected timeframes for meeting them. Such key goals and benchmarks shall be developed by the division with the assistance of the budget division of the Department of Administrative Services pursuant to subdivision (3) of section 81-1113.
(2) Not later than September 15, 2015, and not later than September 15, 2017, the Division of Medicaid and Long-Term Care of the Department of Health and Human Services shall report electronically to the Health and Human Services Committee of the Legislature and the Appropriations Committee of the Legislature on the progress towards the key goals identified pursuant to this section that occurred in the previous twelve months. The division shall annually appear at a joint hearing of the two legislative committees and present the report.
Source
Laws 2014, LB974, § 14;
Laws 2016, LB1092, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3134 - Report to legislative committees; access of individuals with co-occurring conditions of intellectual disability and mental illness to services; report; contents.

81-3134.
Report to legislative committees; access of individuals with co-occurring conditions of intellectual disability and mental illness to services; report; contents.
On or before December 1, 2012, the Director of Children and Family Services of the Division of Children and Family Services of the Department of Health and Human Services, the Director of Developmental Disabilities of the Division of Developmental Disabilities of the Department of Health and Human Services, the Director of Behavioral Health of the Division of Behavioral Health of the Department of Health and Human Services, and the Director of Medicaid and Long-Term Care of the Division of Medicaid and Long-Term Care of the Department of Health and Human Services shall provide a report to the Health and Human Services Committee of the Legislature and the Developmental Disabilities Special Investigative Committee of the Legislature concerning the access of individuals with co-occurring conditions of an intellectual disability and mental illness to the full array of services needed to appropriately treat their specific conditions. The report shall include, but not be limited, to:
(1) A summary of how these individuals are currently served, including eligibility determinations, by the Division of Children and Family Services, the Division of Developmental Disabilities, the Division of Behavioral Health, and the Division of Medicaid and Long-Term Care;
(2) An identification and further defining of individuals who currently fall in the gap between the divisions or who move from one division to another in a search for appropriate services;
(3) Information on the individuals currently receiving services from more than one division who have these co-occurring conditions, including the costs of the services, the types of services provided, the unmet demand for such services, and an estimate of the number of individuals served by one division who would also qualify for services through another division;
(4) An explanation of the differences and similarities in funding for services provided by the divisions and how funds from each division are being blended or can be blended to best serve these individuals;
(5) A plan that could be implemented by the divisions that would provide more integrated and coordinated treatment for these individuals by the divisions; and
(6) Any recommendations for potential legislation that would assist the Division of Children and Family Services, the Division of Developmental Disabilities, the Division of Behavioral Health, and the Division of Medicaid and Long-Term Care in carrying out the plan provided in subdivision (5) of this section.
Source
Laws 2012, LB1160, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3137 - Procurement of managed care for long-term care services and support; request for proposals; restriction.

81-3137.
Procurement of managed care for long-term care services and support; request for proposals; restriction.
The Legislature finds that sufficient planning and meaningful input from stakeholders, including, but not limited to, service providers and consumers, is critical for establishing an effective managed care system for medicaid recipients. To ensure the safety and well-being of the state's most vulnerable population, the Department of Health and Human Services shall not release a request for proposals relating to procurement of managed care for long-term care services and support prior to September 1, 2015.
Source
Laws 2014, LB854, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3138 - System of home and community-based long-term care services; grant application; department; duties; report.

81-3138.
System of home and community-based long-term care services; grant application; department; duties; report.
(1) The Department of Health and Human Services shall apply to the United States Department of Health and Human Services for a grant under the State Balancing Incentive Payments Program enacted in section 10202 of the federal Patient Protection and Affordable Care Act. Funds from the grant shall be used to develop a comprehensive and coordinated system of home and community-based long-term care services. The department shall file the grant application not later than July 31, 2014, and the application shall meet the requirements of section 10202 of the federal Patient Protection and Affordable Care Act.
(2) On or before December 1, 2014, the Department of Health and Human Services shall report electronically to the Health and Human Services Committee of the Legislature on the status of the grant application.
Source
Laws 2014, LB690, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3139 - Health Care Homes for the Medically Underserved Fund; created; purpose; investment.

81-3139.
Health Care Homes for the Medically Underserved Fund; created; purpose; investment.
The Health Care Homes for the Medically Underserved Fund is created within the Department of Health and Human Services. 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. The purpose of the fund is to enhance the ability of Nebraska's federally qualified health centers to provide patient-centered medical homes to low-income medically underserved populations.
Source
Laws 2015, LB661, § 18.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.