reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-9,100 - Hospital and nursing facility services; reimbursement; rate methodology; rules and regulations.

68-9,100.
Hospital and nursing facility services; reimbursement; rate methodology; rules and regulations.
The department shall adopt and promulgate rules and regulations regarding the rate methodology for reimbursement of hospital and nursing facility services. Any change to the rate methodology is considered substantive and requires a new rulemaking or regulationmaking proceeding under the Administrative Procedure Act.
Source
Laws 2020, LB1053, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-9,101 - Multiple procedure payment reduction policy; implementation; when prohibited.

68-9,101.
Multiple procedure payment reduction policy; implementation; when prohibited.
(1) For purposes of this section, multiple procedure payment reduction policy means a policy used in the federal medicare program under Title XVIII of the federal Social Security Act for outpatient rehabilitation service codes where full payment is made for the unit or procedure with the highest rate and subsequent units and procedures are paid at a reduction of the published rates when more than one unit procedure is provided to the same patient on the same day.
(2) A multiple procedure payment reduction policy shall not be implemented under the Medical Assistance Act as it applies to therapy services provided by physical therapy, occupational therapy, or speech-language pathology.
Source
Laws 2021, LB100, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-9,102 - Long-term acute care hospitals; enroll as providers.

68-9,102.
Long-term acute care hospitals; enroll as providers.
The department shall enroll long-term acute care hospitals in Nebraska as providers eligible to receive funding under the medical assistance program.
Source
Laws 2023, LB227, § 58.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-9,103 - Long-term acute care hospitals; coverage; state plan amendment or waiver.

68-9,103.
Long-term acute care hospitals; coverage; state plan amendment or waiver.
No later than July 1, 2023, the department shall submit a state plan amendment or waiver to the federal Centers for Medicare and Medicaid Services to provide coverage under the medical assistance program for long-term acute care hospitals.
Source
Laws 2023, LB227, § 59.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-9,104 - Critical access hospitals; rebase inpatient interim per diem rates.

68-9,104.
Critical access hospitals; rebase inpatient interim per diem rates.
The department shall provide for rebasing inpatient interim per diem rates for critical access hospitals. The department shall rebase the rates every two years, and the most recent audited medicare cost report shall be used as the basis for the rebasing process within ninety days after receiving the cost report.
Source
Laws 2023, LB227, § 60.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1001 - Assistance to the aged, blind, or disabled; program; administration.

68-1001.
Assistance to the aged, blind, or disabled; program; administration.
There is hereby established in and for the State of Nebraska a program to be known as assistance to the aged, blind, or disabled, which assistance shall be administered by the Department of Health and Human Services. Such assistance shall consist of money payments to, medical care in behalf of, or any type of remedial care in behalf of needy individuals.
Source
Laws 1965, c. 395, § 1, p. 1264;
Laws 1982, LB 522, § 36;
Laws 1996, LB 1044, § 304.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1001.01 - Department of Health and Human Services; rules and regulations; promulgate.

68-1001.01.
Department of Health and Human Services; rules and regulations; promulgate.
For the purpose of adding to the security and social adjustment of former and potential recipients of assistance to the aged, blind, and disabled, and of medical assistance, the Department of Health and Human Services is authorized to promulgate rules and regulations providing for services to such persons.
Source
Laws 1969, c. 558, § 1, p. 2274;
Laws 1996, LB 1044, § 305;
Laws 2007, LB296, § 264.
Annotations
Regulations adopted hereunder provide appeal forms may be filed with the county division and that place of hearing shall be the county in which appellant resides. Downer v. Ihms, 192 Neb. 594, 223 N.W.2d 148 (1974).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1001.02 - Assistance; action for reimbursement; statute of limitations; when commences to run.

68-1001.02.
Assistance; action for reimbursement; statute of limitations; when commences to run.
No statute of limitations shall apply to any claim or cause of action, belonging to the county or state on account of the payment of assistance to the aged, blind or disabled while the recipient, former recipient, spouse, or dependent children of such recipient survive.
Source
Laws 1935, Spec. Sess., c. 28, § 13, p. 172;
C.S.Supp.,1941, § 68-269;
R.S.1943, § 68-216;
Laws 1965, c. 395, § 22, p. 1272;
R.S.1943, (1990), § 68-216.
Annotations
Statute of limitations on claim for reimbursement does not begin to run while recipient is alive. Boone County Old Age Assistance Board v. Myhre, 149 Neb. 669, 32 N.W.2d 262 (1948).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1002 - Persons eligible for assistance.

68-1002.
Persons eligible for assistance.
In order to qualify for assistance to the aged, blind, or disabled, an individual:
(1) Must be a bona fide resident of the State of Nebraska, except that a resident of another state who enters the State of Nebraska solely for the purpose of receiving care in a home licensed by the Department of Health and Human Services shall not be deemed to be a bona fide resident of Nebraska while such care is being provided;
(2) Shall not be receiving care or services as an inmate of a public institution, except as a patient in a medical institution, and if the individual is a patient in an institution for tuberculosis or mental diseases, he or she has attained the age of sixty-five years;
(3) Shall not have deprived himself or herself directly or indirectly of any property whatsoever for the purpose of qualifying for assistance to the aged, blind, or disabled;
(4) May receive care in a public or private institution only if such institution is subject to a state authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; and
(5) Must be in need of shelter, maintenance, or medical care.
Source
Laws 1965, c. 395, § 2, p. 1264;
Laws 1965, c. 396, § 1, p. 1274;
Laws 1965, c. 397, § 1, p. 1276;
Laws 1967, c. 409, § 2, p. 1273;
Laws 1969, c. 343, § 5, p. 1208;
Laws 1977, LB 480, § 1;
Laws 1996, LB 1044, § 306;
Laws 2007, LB296, § 265.
Annotations
The clear import of this section is to prevent citizens from raiding the public purse when they possess sufficient resources to care for themselves. This section provides an exception to the general rule expressed in section 30-2352 that a renunciation of assets relates back to the death of the decedent "for all purposes"; that is, this section declares a citizen ineligible if he has deprived himself "directly or indirectly of any property whatsoever" for the purpose of qualifying for assistance. Hoesly v. State, 243 Neb. 304, 498 N.W.2d 571 (1993).
Under the language of this section, depriving oneself of resources is not, in and of itself, the disqualifying act; disqualification results from doing so with the intention and for the purpose of becoming eligible for public assistance. Meier v. State, 227 Neb. 376, 417 N.W.2d 771 (1988).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1003 - Assistance to the aged; additional qualifications required.

68-1003.
Assistance to the aged; additional qualifications required.
In order to qualify for assistance to the aged, an individual must, in addition to the requirements set forth in section 68-1002, have attained the age of sixty-five years.
Source
Laws 1965, c. 395, § 3, p. 1265.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1004 - Assistance to the blind; additional qualifications required.

68-1004.
Assistance to the blind; additional qualifications required.
In order to qualify for assistance to the blind, an individual must, in addition to the requirements set forth in section 68-1002, have been determined to be blind by an examination by a physician skilled in diseases of the eye or by an optometrist.
Source
Laws 1965, c. 395, § 4, p. 1265;
Laws 1977, LB 311, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1005 - Assistance to the disabled; additional qualifications required; department; powers and duties.

68-1005.
Assistance to the disabled; additional qualifications required; department; powers and duties.
In order to qualify for assistance to the disabled, an individual shall, in addition to the requirements set forth in section 68-1002, be considered to be disabled if he or she is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than one hundred eighty days or, in the case of a child under eighteen years of age, if he or she suffers from any medically determinable physical or mental impairment of comparable severity. In determining eligibility for assistance to the disabled, the Department of Health and Human Services may adopt the determination of the Social Security Administration that an individual is or is not disabled for the purposes of the federal programs of Supplemental Security Income or Old Age Survivors' and Disability Insurance, except that if the Social Security Administration has denied benefits to an individual on the basis of the duration of the individual's disability, the department shall perform an independent medical review of such individual's disability.
Source
Laws 1965, c. 395, § 5, p. 1266;
Laws 1976, LB 454, § 1;
Laws 1977, LB 311, § 2;
Laws 1984, LB 1127, § 1;
Laws 1996, LB 1044, § 307.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1006 - Assistance to the aged, blind, or disabled; amount authorized per person; payment.

68-1006.
Assistance to the aged, blind, or disabled; amount authorized per person; payment.
The amount of assistance to the aged, blind or disabled shall be based on the need of the individual and the circumstances existing in each case. When permitted by the federal old age and survivors insurance act, any accumulations of increased benefits under such act may be disregarded when determining need. Payments shall be made by state warrant directly to each recipient.
Source
Laws 1965, c. 395, § 6, p. 1266;
Laws 1965, c. 397, § 2, p. 1277;
Laws 1967, c. 410, § 1, p. 1274;
Laws 1969, c. 535, § 2, p. 2180.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1006.01 - Personal needs allowance; amount authorized.

68-1006.01.
Personal needs allowance; amount authorized.
The Department of Health and Human Services shall include in the standard of need for eligible aged, blind, and disabled persons seventy-five dollars per month for a personal needs allowance if such persons reside in an alternative living arrangement.
For purposes of this section, an alternative living arrangement shall include board and room, a boarding home, a certified adult family home, a licensed assisted-living facility, a licensed residential child-caring agency as defined in section 71-1926, a licensed center for the developmentally disabled, and a long-term care facility.
Source
Laws 1991, LB 57, § 1;
Laws 1996, LB 1044, § 308;
Laws 1997, LB 608, § 3;
Laws 1999, LB 119, § 1;
Laws 2000, LB 819, § 79;
Laws 2013, LB265, § 37;
Laws 2015, LB366, § 1;
Laws 2023, LB227, § 62.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1007 - Determination of need; elements considered; amounts disregarded.

68-1007.
Determination of need; elements considered; amounts disregarded.
In determining need for assistance to the aged, blind, or disabled, the Department of Health and Human Services shall take into consideration all other income and resources of the individual claiming such assistance, as well as any expenses reasonably attributable to the earning of any such income, except as otherwise provided in this section. In making such determination with respect to any individual who is blind, there shall be disregarded the first eighty-five dollars per month of earned income plus one-half of earned income in excess of eighty-five dollars per month and, for a period not in excess of twelve months, such additional amounts of other income and resources, in the case of an individual who has an approved plan for achieving self-support, as may be necessary for the fulfillment of such plan. In making such determination with respect to an individual who has attained age sixty-five, or who is permanently and totally disabled, and is claiming aid to the aged, blind, or disabled, the department shall disregard earned income at least to the extent such income was disregarded on January 1, 1972, as provided in 42 U.S.C. 1396a(f).
Source
Laws 1965, c. 395, § 7, p. 1266;
Laws 1967, c. 411, § 1, p. 1275;
Laws 1969, c. 539, § 1, p. 2189;
Laws 1972, LB 760, § 1;
Laws 1982, LB 522, § 37;
Laws 1987, LB 255, § 1;
Laws 1996, LB 1044, § 309;
Laws 2007, LB296, § 266.
Cross References
Available resources, computation, see section 68-129.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1008 - Application for assistance; investigation; notification.

68-1008.
Application for assistance; investigation; notification.
Upon the filing of an application for assistance to the aged, blind, or disabled, the Department of Health and Human Services shall make such investigation as it deems necessary to determine the circumstances existing in each case. Each applicant and recipient shall be notified in writing as to (1) the approval or disapproval of any application, (2) the amount of payments awarded, (3) any change in the amount of payments awarded, and (4) the discontinuance of payments.
Source
Laws 1965, c. 395, § 8, p. 1267;
Laws 1967, c. 253, § 2, p. 673;
Laws 1977, LB 312, § 8;
Laws 1982, LB 522, § 38;
Laws 1996, LB 1044, § 310;
Laws 2007, LB296, § 267.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1009 - Hospital; reimbursement for certain services; conditions.

68-1009.
Hospital; reimbursement for certain services; conditions.
(1) The state shall provide medicaid reimbursement to a hospital at one hundred percent of the statewide average nursing facility per diem rate for an individual if the individual: (a) Is enrolled in the medical assistance program; (b) has been admitted as an inpatient to such hospital; (c) no longer requires acute inpatient care and discharge planning as described in 42 C.F.R. 482.43; (d) requires nursing facility level of care upon discharge; and (e) is unable to be transferred to a nursing facility due to a lack of available nursing facility beds available to the individual or, in cases where the transfer requires a guardian, has been approved for appointment of a public guardian and the State Court Administrator is unable to appoint a public guardian.
(2) Reimbursement for services shall be subject to federal approval.
Source
Laws 2023, LB227, § 63.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1010 - Patients with complex health needs; transfer; pilot program.

68-1010.
Patients with complex health needs; transfer; pilot program.
(1) The Department of Health and Human Services shall contract with, or provide a grant to, an eligible entity to implement a pilot program to facilitate the transfer of patients with complex health needs from eligible acute care hospitals to appropriate post-acute care settings, including facilities that provide skilled nursing or long-term care.
(2) The purposes of the pilot program are to ensure that:
(a) Patients with complex health needs are able to access timely transition from an acute care hospital to a post-acute care setting;
(b) Patients receive the appropriate type of care at the appropriate time to best meet their needs; and
(c) Acute-care hospitals have available capacity to meet the needs of patients.
(3) For purposes of this section:
(a) Eligible acute care hospital means a facility that is not designated as a critical access hospital by the federal Centers for Medicare and Medicaid Services and must satisfactorily demonstrate to the eligible entity that it has reached or exceeded eighty percent of available staffed capacity for adult intensive-care-unit beds and acute care inpatient medical-surgical beds;
(b) Eligible entity means a nonprofit statewide association whose members include eligible acute care hospitals; and
(c) Patient means a person who is medically stable and who the provider believes, with a reasonable medical probability and in accordance with recognized medical standards, is safe to be discharged or transferred and is not expected to have his or her condition negatively impacted during, or as a result of, the discharge or transfer.
(4) The eligible entity responsible for developing the pilot program shall:
(a) Determine criteria to define patients with complex health needs;
(b) Develop a process for eligible acute care hospitals to determine capacity and the manner and frequency of reporting changes in capacity;
(c) Develop a process to ensure funding is utilized for the purposes described in this section and in compliance with all applicable state and federal laws;
(d) Include regular consultation with the department and representatives of acute care hospitals, skilled nursing facilities, and nursing facilities; and
(e) Include quarterly updates to the department.
(5) The pilot program may include direct payments to post-acute care facilities that support care to patients with complex health needs.
(6) Funding utilized under the pilot program shall comply with all medicaid and medicare reimbursement policies for skilled nursing facilities, nursing facilities, and swing-bed hospitals.
(7) It is the intent of the Legislature to appropriate one million dollars from the General Fund to carry out this section. No more than two and one-half percent of the contracted amount shall be used to administer the pilot program.
Source
Laws 2023, LB227, § 64.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1013 - Assistance to the aged, blind, and disabled; not vested right; not assignable; exemption from levy.

68-1013.
Assistance to the aged, blind, and disabled; not vested right; not assignable; exemption from levy.
No person shall have any vested right to any claim against the county or state for assistance of any kind by virtue of being or having been a recipient of assistance to the aged, blind or disabled, aid to dependent children, or medical assistance for the aged. No such assistance shall be alienable by assignment or transfer, or be subject to attachment, garnishment or any other legal process.
Source
Laws 1965, c. 394, § 1, p. 1261.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1014 - Assistance; payment to guardian or conservator; when authorized.

68-1014.
Assistance; payment to guardian or conservator; when authorized.
If any guardian or conservator shall have been appointed to take charge of the property of any recipient of assistance to the aged, blind, or disabled, aid to dependent children, or medical assistance, such assistance payments shall be made to the guardian or conservator upon his or her filing with the Department of Health and Human Services a certified copy of his or her letters of guardianship or conservatorship.
Source
Laws 1965, c. 394, § 2, p. 1261;
Laws 1982, LB 522, § 39;
Laws 1996, LB 1044, § 311;
Laws 2007, LB296, § 268.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1015 - Assistance; investigation; attendance of witnesses; production of records; subpoena power; oaths.

68-1015.
Assistance; investigation; attendance of witnesses; production of records; subpoena power; oaths.
For the purpose of any investigation or hearing, the chief executive officer of the Department of Health and Human Services and the division directors appointed pursuant to section 81-3115, through authorized agents, shall have the power to compel, by subpoena, the attendance and testimony of witnesses and the production of books and papers. Witnesses may be examined on oath or affirmation.
Source
Laws 1965, c. 394, § 3, p. 1262;
Laws 1982, LB 522, § 40;
Laws 1996, LB 1044, § 312;
Laws 2007, LB296, § 269.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1016 - Assistance; appeals; procedure.

68-1016.
Assistance; appeals; procedure.
The chief executive officer of the Department of Health and Human Services, or his or her designated representative, shall provide for granting an opportunity for a fair hearing to any individual whose claim for assistance to the aged, blind, or disabled, aid to dependent children, emergency assistance, medical assistance, commodities, or Supplemental Nutrition Assistance Program benefits is denied, is not granted in full, or is not acted upon with reasonable promptness. An appeal shall be taken by filing with the department a written notice of appeal setting forth the facts on which the appeal is based. The department shall thereupon, in writing, notify the appellant of the time and place for hearing which shall be not less than one week nor more than six weeks from the date of such notice. Hearings shall be before the duly authorized agent of the department. On the basis of evidence adduced, the duly authorized agent shall enter a final order on such appeal, which order shall be transmitted to the appellant.
Source
Laws 1965, c. 394, § 4, p. 1262;
Laws 1969, c. 540, § 1, p. 2190;
Laws 1982, LB 522, § 41;
Laws 1989, LB 362, § 9;
Laws 1996, LB 1044, § 313;
Laws 1998, LB 1073, § 57;
Laws 2007, LB296, § 270;
Laws 2009, LB288, § 25.
Annotations
One seeking public assistance has the burden of proving entitlement to the benefits. Dobrovolny v. Dunning, 221 Neb. 67, 375 N.W.2d 123 (1985).
Orders of the Department of Public Welfare made pursuant to this section may be reviewed by petition in error as well as by appeal. Downer v. Ihms, 192 Neb. 594, 223 N.W.2d 148 (1974).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1017 - Assistance; violations; penalties.

68-1017.
Assistance; violations; penalties.
(1) Any person, including vendors and providers of medical assistance and social services, who, by means of a willfully false statement or representation, or by impersonation or other device, obtains or attempts to obtain, or aids or abets any person to obtain or to attempt to obtain (a) an assistance certificate of award to which he or she is not entitled, (b) any commodity, any foodstuff, any food instrument, any Supplemental Nutrition Assistance Program benefit or electronic benefit card, or any payment to which such individual is not entitled or a larger payment than that to which he or she is entitled, (c) any payment made on behalf of a recipient of medical assistance or social services, or (d) any other benefit administered by the Department of Health and Human Services, or who violates any statutory provision relating to assistance to the aged, blind, or disabled, aid to dependent children, social services, or medical assistance, commits an offense.
(2) Any person who commits an offense under subsection (1) of this section shall upon conviction be punished as follows: (a) If the aggregate value of all funds or other benefits obtained or attempted to be obtained is less than five hundred dollars, the person so convicted shall be guilty of a Class IV misdemeanor; (b) if the aggregate value of all funds or other benefits obtained or attempted to be obtained is five hundred dollars or more but less than one thousand five hundred dollars, the person so convicted shall be guilty of a Class III misdemeanor; or (c) if the aggregate value of all funds and other benefits obtained or attempted to be obtained is one thousand five hundred dollars or more, the person so convicted shall be guilty of a Class IV felony.
Source
Laws 1965, c. 394, § 5, p. 1262;
Laws 1969, c. 541, § 1, p. 2192;
Laws 1977, LB 39, § 127;
Laws 1984, LB 1127, § 2;
Laws 1996, LB 1044, § 314;
Laws 1998, LB 1073, § 58;
Laws 2007, LB296, § 271;
Laws 2009, LB288, § 26;
Laws 2010, LB849, § 14;
Laws 2015, LB605, § 79.
Annotations
It is immaterial whether wrongfully obtained benefits are used for oneself or for another. State v. Burke, 23 Neb. App. 750, 876 N.W.2d 922 (2016).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1017.01 - Supplemental Nutrition Assistance Program; violations; penalties.

68-1017.01.
Supplemental Nutrition Assistance Program; violations; penalties.
(1) A person commits an offense if he or she knowingly uses, alters, or transfers any Supplemental Nutrition Assistance Program benefits or electronic benefit cards or any authorizations to participate in the Supplemental Nutrition Assistance Program in any manner not authorized by law. An offense under this subsection shall be a Class IV misdemeanor if the value of the Supplemental Nutrition Assistance Program benefits, electronic benefit cards, or authorizations is less than five hundred dollars, shall be a Class III misdemeanor if the value is five hundred dollars or more but less than one thousand five hundred dollars, and shall be a Class IV felony if the value is one thousand five hundred dollars or more.
(2) A person commits an offense if he or she knowingly (a) possesses any Supplemental Nutrition Assistance Program benefits or electronic benefit cards or any authorizations to participate in the Supplemental Nutrition Assistance Program when such individual is not authorized by law to possess them, (b) redeems Supplemental Nutrition Assistance Program benefits or electronic benefit cards when he or she is not authorized by law to redeem them, or (c) redeems Supplemental Nutrition Assistance Program benefits or electronic benefit cards for purposes not authorized by law. An offense under this subsection shall be a Class IV misdemeanor if the value of the Supplemental Nutrition Assistance Program benefits, electronic benefit cards, or authorizations is less than five hundred dollars, shall be a Class III misdemeanor if the value is five hundred dollars or more but less than one thousand five hundred dollars, and shall be a Class IV felony if the value is one thousand five hundred dollars or more.
(3) A person commits an offense if he or she knowingly possesses blank authorizations to participate in the Supplemental Nutrition Assistance Program when such possession is not authorized by law. An offense under this subsection shall be a Class IV felony.
(4) When any Supplemental Nutrition Assistance Program benefits or electronic benefit cards or any authorizations to participate in the Supplemental Nutrition Assistance Program of various values are obtained in violation of this section pursuant to one scheme or a continuing course of conduct, whether from the same or several sources, such conduct may be considered as one offense, and the values aggregated in determining the grade of the offense.
Source
Laws 1984, LB 1127, § 3;
Laws 1998, LB 1073, § 59;
Laws 2009, LB288, § 27;
Laws 2010, LB849, § 15;
Laws 2015, LB605, § 80.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1095.01 - Long-Term Care Partnership Program; established; Department of Health and Human Services; duties.

68-1095.01.
Long-Term Care Partnership Program; established; Department of Health and Human Services; duties.
The Long-Term Care Partnership Program is established. The program shall be administered by the Department of Health and Human Services in accordance with federal requirements on state long-term care partnership programs. In order to implement the program, the department shall file a state plan amendment with the federal Centers for Medicare and Medicaid Services pursuant to the requirements set forth in 42 U.S.C. 1396p(b), as such section existed on March 1, 2006.
Source
Laws 2006, LB 965, § 7;
Laws 2007, LB296, § 272.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1101 - Division of Medicaid and Long-Term Care Advisory Committee on Aging; created; members; appointment; term; vacancy.

68-1101.
Division of Medicaid and Long-Term Care Advisory Committee on Aging; created; members; appointment; term; vacancy.
The Division of Medicaid and Long-Term Care Advisory Committee on Aging is created. The committee shall consist of twelve members, one from each of the planning-and-service areas as designated in the Nebraska Community Aging Services Act and the remaining members from the state at large.
Any member serving on the Department of Health and Human Services Advisory Committee on Aging on July 1, 2007, shall continue to serve until his or her term expires. As the terms of the members expire, the Governor shall, on or before March 1 of such year, appoint or reappoint a member of the committee for a term of four years. Each area agency on aging serving a designated planning-and-service area shall recommend to the Governor the names of persons qualified to represent the senior population of the planning-and-service area. Any vacancy on the committee shall be filled for the unexpired term. A vacancy shall exist when a member of the committee ceases to be a resident of the planning-and-service area from which he or she was appointed or reappointed. The members to be appointed to represent a planning-and-service area shall be residents of the planning-and-service area from which they are appointed. Members of the advisory committee shall not be elected public officials or staff of the Department of Health and Human Services or of an area agency on aging.
Source
Laws 1965, c. 409, § 1, p. 1311;
Laws 1971, LB 97, § 1;
Laws 1982, LB 404, § 30;
Laws 1987, LB 456, § 1;
Laws 1996, LB 1044, § 341;
Laws 2007, LB296, § 273.
Cross References
Nebraska Community Aging Services Act, see section 81-2201.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1103 - Committee; officers; meetings.

68-1103.
Committee; officers; meetings.
Members of the Division of Medicaid and Long-Term Care Advisory Committee on Aging shall meet within thirty days after their appointment to select from the members of the committee a chairperson, and such other officers as committee members deem necessary, who shall serve for a period of two years. The committee shall elect a new chairperson every two years thereafter. The committee shall meet at regular intervals at least once each year and may hold special meetings at the call of the chairperson or at the request of a majority of the members of the committee. The committee shall meet at the seat of government or such other place as the members of the committee may designate.
Source
Laws 1965, c. 409, § 3, p. 1312;
Laws 1971, LB 97, § 2;
Laws 1982, LB 404, § 31;
Laws 1996, LB 1044, § 342;
Laws 2007, LB296, § 274.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1104 - Committee; duties.

68-1104.
Committee; duties.
The Division of Medicaid and Long-Term Care Advisory Committee on Aging shall advise the Division of Medicaid and Long-Term Care of the Department of Health and Human Services regarding:
(1) The collection of facts and statistics and special studies of conditions and problems pertaining to the employment, health, financial status, recreation, social adjustment, or other conditions and problems pertaining to the general welfare of the aging of the state;
(2) Recommendations to state and local agencies serving the aging for purposes of coordinating such agencies' activities, and reports from the various state agencies and institutions on matters within the jurisdiction of the committee;
(3) The latest developments of research, studies, and programs being conducted throughout the nation on the problems and needs of the aging;
(4) The mutual exchange of ideas and information on the aging between federal, state, and local governmental agencies, private organizations, and individuals; and
(5) Cooperation with agencies, federal, state, and local or private organizations, in administering and supervising demonstration programs of services for aging designed to foster continued participation of older people in family and community life and to prevent insofar as possible the onset of dependency and the need for long-term institutional care.
The committee shall have the power to create special committees to undertake such special studies as members of the committee shall authorize and may include noncommittee members who are qualified in any field of activity related to the general welfare of the aging in the membership of such committees.
Source
Laws 1965, c. 409, § 4, p. 1313;
Laws 1971, LB 97, § 3;
Laws 1981, LB 545, § 20;
Laws 1982, LB 404, § 32;
Laws 1996, LB 1044, § 343;
Laws 2007, LB296, § 275.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1105 - Committee; special committees; members; expenses.

68-1105.
Committee; special committees; members; expenses.
The members of the Division of Medicaid and Long-Term Care Advisory Committee on Aging, and noncommittee members serving on special committees, shall receive no compensation for their services other than reimbursement for expenses as provided in sections 81-1174 to 81-1177. Committee expenses and any office expenses shall be paid from funds made available to the committee by the Legislature.
Source
Laws 1965, c. 409, § 5, p. 1314;
Laws 1971, LB 97, § 4;
Laws 1974, LB 660, § 4;
Laws 1981, LB 204, § 104;
Laws 1982, LB 404, § 33;
Laws 1996, LB 1044, § 344;
Laws 2007, LB296, § 276;
Laws 2020, LB381, § 55.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1106 - Committee; federal funds; grants; gifts; acceptance; disposition.

68-1106.
Committee; federal funds; grants; gifts; acceptance; disposition.
The Governor may receive federal funds or any grants and gifts on behalf of the state for such purposes as are authorized by the provisions of sections 68-1101 to 68-1106. All federal funds, grants, and gifts shall be deposited with the State Treasurer and shall be used only for such purposes agreed upon as conditions for receiving the funds, grants and gifts.
Source
Laws 1965, c. 409, § 6, p. 1314.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1108 - Department of Health and Human Services; report.

68-1108.
Department of Health and Human Services; report.
The Department of Health and Human Services shall annually report electronically to the Legislature the percentage growth of medicaid spending for people over sixty-five years of age for no fewer than five years following acceptance of the application to the State Balancing Incentive Payments Program pursuant to section 81-3138.
Source
Laws 2014, LB690, § 3;
Laws 2015, LB320, § 11;
Laws 2017, LB644, § 18.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1111 - Act, how cited.

68-1111.
Act, how cited.
Sections 68-1111 to 68-1120 shall be known and may be cited as the Aging and Disability Resource Center Act.
Source
Laws 2015, LB320, § 1;
Laws 2018, LB793, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1112 - Legislative findings.

68-1112.
Legislative findings.
The Legislature finds that:
(1) The state should anticipate and prepare for significant growth in the number of older Nebraskans and the future needs of persons with disabilities, both of which will require costly long-term care services;
(2) The state should improve access to existing services and support for persons with disabilities;
(3) The state should provide a streamlined approach to identify the needs of older Nebraskans and persons with disabilities through uniform assessments and a single point of contact; and
(4) Nebraskans would benefit from statewide public information campaigns to educate older Nebraskans, persons with disabilities, and their caregivers on the availability of services and support.
Source
Laws 2015, LB320, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1113 - Purpose of act; legislative intent.

68-1113.
Purpose of act; legislative intent.
The purpose of the Aging and Disability Resource Center Act is to provide information about long-term care services and support available in the home and community for older Nebraskans or persons with disabilities, family caregivers, and persons who request information or assistance on behalf of others and to assist eligible individuals to access the most appropriate public and private resources to meet their long-term care needs.
It is the intent of the Legislature that aging and disability resource centers serve as an ongoing component of Nebraska's long-term care continuum and that aging and disability resource center sites coordinate and establish partnerships as necessary with organizations specializing in serving aging persons and persons with disabilities to provide the services described in the act.
Source
Laws 2015, LB320, § 3;
Laws 2018, LB793, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1114 - Terms, defined.

68-1114.
Terms, defined.
For purposes of the Aging and Disability Resource Center Act:
(1) Aging and disability resource center means a community-based entity established to provide information about long-term care services and support and to facilitate access to options counseling to assist eligible individuals and their representatives in identifying the most appropriate services to meet their long-term care needs;
(2) Area agency on aging has the meaning found in section 81-2208;
(3) Center for independent living has the definition found in 29 U.S.C. 796a, as such section existed on January 1, 2018;
(4) Department means the State Unit on Aging of the Division of Medicaid and Long-Term Care of the Department of Health and Human Services or any successor agency designated by the state to fulfill the responsibilities of section 305(a)(1) of the federal Older Americans Act of 1965, 42 U.S.C. 3025(a)(1), as such section existed on January 1, 2018;
(5) Eligible individual means a person who has lost, never acquired, or has one or more conditions that affect his or her ability to perform basic activities of daily living that are necessary to live independently;
(6) Options counseling means a service that assists an eligible individual in need of long-term care and his or her representatives to make informed choices about the services and settings which best meet his or her long-term care needs and that uses uniform data and information collection and encourages the widest possible use of community-based options to allow an eligible individual to live as independently as possible in the setting of his or her choice;
(7) Partnering organization means an organization specializing in serving aging persons or persons with disabilities that has agreed to provide the services described in the Aging and Disability Resource Center Act;
(8) Representative means a person designated as a legal guardian, designated by a power of attorney or a health care power of attorney, or chosen by law, by a court, or by an eligible individual seeking services, but use of the term representative shall not be construed to disqualify an individual who retains all legal and personal autonomy;
(9) Uniform assessment means a single standardized tool used to assess a defined population at a specific time; and
(10) University Center for Excellence in Developmental Disability Education, Research and Service means the federally designated University Center for Excellence in Developmental Disability Education, Research and Service of the Munroe-Meyer Institute at the University of Nebraska Medical Center.
Source
Laws 2015, LB320, § 4;
Laws 2018, LB793, § 3;
Laws 2022, LB856, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1115 - Funding for aging and disability resource centers.

68-1115.
Funding for aging and disability resource centers.
The department shall award funding for aging and disability resource centers. The department shall pursue federal matching funds as applicable and allocate such funds to the aging and disability resource centers.
Source
Laws 2015, LB320, § 5;
Laws 2018, LB793, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1116 - Aging and disability resource centers; services.

68-1116.
Aging and disability resource centers; services.
(1) The aging and disability resource centers shall be a means of promoting appropriate, effective, and efficient use of long-term care resources.
(2) Each aging and disability resource center shall provide one or more of the following services:
(a) Comprehensive information on the full range of available public and private long-term care programs, options, financing, service providers, and resources within a community, including information on the availability of integrated long-term care;
(b) Options counseling;
(c) Assistance in accessing and applying for public benefits programs;
(d) A convenient point of entry to the range of publicly supported long-term care programs for an eligible individual;
(e) A process for identifying unmet service needs in communities and developing recommendations to respond to those unmet needs;
(f) Facilitation of person-centered transition support to assure that an eligible individual is able to find the services and support that are most appropriate to his or her need;
(g) Mobility management to promote the appropriate use of public transportation services by a person who does not own or is unable to operate an automobile; and
(h) A home care provider registry that will provide a person who needs home care with the names of home care providers and information about his or her rights and responsibilities as a home care consumer.
Source
Laws 2015, LB320, § 6;
Laws 2018, LB793, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1117 - Area agency on aging or partnering organization; powers and duties.

68-1117.
Area agency on aging or partnering organization; powers and duties.
(1) An area agency on aging or partnering organization receiving funding pursuant to section 68-1115, may work in partnership with one or more partnering organizations that specialize in serving persons with congenital and acquired disabilities to provide services as described in subsection (2) of section 68-1116, including, but not limited to, centers for independent living and the University Center for Excellence in Developmental Disability Education, Research and Service, for the purpose of developing an aging and disability resource center plan. After consultation with a collaboration of organizations providing advocacy, protection, and safety for aging persons and persons with congenital and acquired disabilities, the partnership may submit to the department an aging and disability resource center plan. The plan shall specify how organizations currently serving eligible individuals will be engaged in the process of delivery of services through the aging and disability resource center. The plan shall indicate how resources will be utilized by the collaborating organizations to fulfill the responsibilities of an aging and disability resource center.
(2) Two or more area agencies on aging or partnering organizations may develop a joint aging and disability resource center plan to serve all or a portion of their planning-and-service areas. A joint plan shall provide information on how the services described in section 68-1116 will be provided in the counties to be served by the aging and disability resource center.
(3) A partnering organization may: (a) Contract with an area agency on aging for the purpose of providing services pursuant to this section; or (b) contract with the department for the purpose of providing services pursuant to this section.
Source
Laws 2015, LB320, § 7;
Laws 2018, LB793, § 6;
Laws 2022, LB856, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1118 - Department; report.

68-1118.
Department; report.
The department shall provide a report regarding the aging and disability resource centers to the Clerk of the Legislature prior to December 1, 2018, and each December 1 thereafter.
Source
Laws 2015, LB320, § 8;
Laws 2018, LB793, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1119 - Reimbursement; schedule.

68-1119.
Reimbursement; schedule.
The department shall reimburse each area agency on aging operating an aging and disability resource center on a schedule agreed to by the department and the area agency on aging. If a partnering organization has contracted with the department for the purpose of providing services described in the Aging and Disability Resource Center Act, the department shall reimburse the partnering organization on a schedule agreed to by the department and the partnering organization. Such reimbursement shall be made from (1) state funds appropriated by the Legislature, (2) federal funds allocated to the department for the purpose of establishing and operating aging and disability resource centers, and (3) other funds as available.
Source
Laws 2015, LB320, § 9;
Laws 2018, LB793, § 8;
Laws 2022, LB856, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1120 - Funding; legislative intent.

68-1120.
Funding; legislative intent.
It is the intent of the Legislature that the costs for staff, operations, and state aid necessary to carry out the Aging and Disability Resource Center Act be funded from the Nebraska Health Care Cash Fund for fiscal years 2018-19 and 2019-20.
Source
Laws 2018, LB793, § 9.