reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2137 - Inspection; new electrical installation not in compliance with standards; disconnection; when; opportunity to correct.

81-2137.
Inspection; new electrical installation not in compliance with standards; disconnection; when; opportunity to correct.
If the electrical inspector finds that a new electrical installation or part of a new electrical installation that is energized is not in compliance with accepted standards of construction, he or she shall, if the installation or the noncomplying part is such as to seriously and proximately endanger human health and property, order immediate disconnection of the installation or noncomplying part. When the person responsible for making the installation so ordered disconnected is notified, he or she shall promptly proceed to make the corrections cited in the order.
Source
Laws 1975, LB 525, § 37;
R.S.1943, (1976), § 81-5,107;
Laws 1993, LB 193, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2138 - Noncomplying installation; not dangerous; correction order; contents; failure to correct; effect; liability of energy supplier.

81-2138.
Noncomplying installation; not dangerous; correction order; contents; failure to correct; effect; liability of energy supplier.
When a noncomplying installation or part thereof, whether energized or not, is not proximately dangerous to human health and property, the inspector shall issue a correction order, ordering the owner or licensee under the State Electrical Act to make the installation comply with accepted standards of construction for safety to health and property, based upon minimum standards adopted by the board pursuant to section 81-2104, noting specifically what changes are required. The order shall specify a date, not less than ten nor more than seventeen calendar days from the date of the order, when a final inspection shall be made. If at the time of the final inspection the installation has not been brought into compliance, a condemnation or disconnection order may be issued by the inspector with the approval of his or her superior. When the installation is brought into compliance to the satisfaction of the inspector, such correction order shall be immediately countermanded. Any supplier of electrical service complying with any order of an electrical inspector shall be relieved of all liability in cases of subsequent damage or loss arising from any cause, except acts of gross negligence by such supplier.
Source
Laws 1975, LB 525, § 38;
R.S.1943, (1976), § 81-5,108;
Laws 1993, LB 193, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2139 - Correction order; countermanded or extended; written request; action on.

81-2139.
Correction order; countermanded or extended; written request; action on.
A correction order of an inspector properly issued may be countermanded or extended by the inspector or his supervisor. Any interested party may demand that an outstanding order be countermanded or extended. Such demand shall be in writing and shall be addressed to the board. If the request to countermand an order is rejected it shall be done so in writing within ten days.
Source
Laws 1975, LB 525, § 39;
R.S.1943, (1976), § 81-5,109.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2140 - Condemnation, disconnection, and correction orders; forms; service; manner.

81-2140.
Condemnation, disconnection, and correction orders; forms; service; manner.
(1) Condemnation, disconnection, and correction orders shall be issued on forms prescribed by the board.
(2) A correction order made pursuant to section 81-2138 shall be served personally or by United States mail only upon the licensee making the installation or the property owner. All other orders shall be served personally or by United States mail upon the property owner and the licensee making the installation.
(3) The power supplier shall be served with a copy of any order which requires immediate disconnection or prohibits energizing an installation.
(4) Service by United States mail is complete upon mailing, but three days shall be added to the prescribed time whenever the party served is required to do some act or entitled to respond.
Source
Laws 1975, LB 525, § 40;
Laws 1978, LB 833, § 14;
R.S.Supp.,1980, § 81-5,110;
Laws 1993, LB 193, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2141 - Appeal from condemnation or disconnection order; time; stay of appeal; conditions.

81-2141.
Appeal from condemnation or disconnection order; time; stay of appeal; conditions.
(1) Any person aggrieved by a condemnation or disconnection order issued may appeal from the order by filing a written notice of appeal with the board within ten days after the date the order was served upon the owner or within ten days after the order was filed with the board, whichever is later.
(2) Upon receipt of the notice of appeal from a condemnation or disconnection order because the electrical installation is proximately dangerous to health and property, the order appealed from shall not be stayed unless countermanded by the board.
(3) Upon receipt of notice of appeal from a condemnation or disconnection order because the electrical installation is not in compliance with accepted standards of construction for safety to health and property, the order appealed from shall be stayed until final decision of the board and the board shall notify the property owner and the Class B electrical contractor, electrical contractor, Class A master electrician, Class B master electrician, fire alarm installer, or special electrician making the installation. The power supplier shall also be notified in those instances in which the order has been served on such supplier.
Source
Laws 1975, LB 525, § 41;
Laws 1978, LB 833, § 15;
R.S.Supp.,1980, § 81-5,111;
Laws 1993, LB 193, § 32;
Laws 2003, LB 126, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2142 - Appeal; hearing officer; hearing; decision by board; notice; opportunity to present evidence; hearing date.

81-2142.
Appeal; hearing officer; hearing; decision by board; notice; opportunity to present evidence; hearing date.
(1) Upon receipt of a notice of appeal, the chairman or executive secretary of the board may designate a hearing officer from among the board members to hear the appeal or may set the matter for hearing before the full board at its next regular meeting. A majority of the board shall make the decision.
(2) Upon receiving the notice of appeal, the board shall notify all persons served with the order appealed from. Such persons may join in the hearing and give testimony in their own behalf. The board shall set the hearing date on a date not more than fourteen days after receipt of the notice of appeal unless otherwise agreed by the interested parties and the board.
Source
Laws 1975, LB 525, § 42;
R.S.1943, (1976), § 81-5,112.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2143 - Violations, enumerated; penalties.

81-2143.
Violations, enumerated; penalties.
It shall be a Class I misdemeanor knowingly and willfully to commit or to order, instruct, or direct another to commit any of the following acts:
(1) To make a false statement in any license application, request for inspection, certificate, or other lawfully authorized or required form or statement provided by the State Electrical Act;
(2) To perform electrical work for another without a proper license for such work;
(3) To fail to file a request for inspection when required;
(4) To interfere with or refuse entry to an inspector lawfully engaged in the performance of his or her duties; or
(5) To fail or neglect to comply with the act or any lawful rule, regulation, or order of the board.
Source
Laws 1975, LB 525, § 43;
Laws 1977, LB 39, § 292;
R.S.Supp.,1980, § 81-5,113;
Laws 1993, LB 193, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2144 - Directional boring contractor; activities authorized.

81-2144.
Directional boring contractor; activities authorized.
A person who is a directional boring contractor may install underground conduit under the direct supervision of a Class A master electrician, Class B master electrician, journeyman electrician, or Class B journeyman electrician who is employed by an electrical contractor.
Source
Laws 2019, LB65, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2201 - Act, how cited.

81-2201.
Act, how cited.
Sections 81-2201 to 81-2227 shall be known and may be cited as the Nebraska Community Aging Services Act.
Source
Laws 1982, LB 404, § 1;
Laws 1991, LB 58, § 3;
Laws 2016, LB698, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2202 - Legislative findings.

81-2202.
Legislative findings.
The Legislature hereby finds and declares:
(1) That in many urban and rural areas of the state numerous older individuals are without access to community aging services which strengthen and support a self-reliant, independent family home life in times of personal crisis or advanced age;
(2) That this deficiency in program coverage causes many older individuals to forfeit their independent living arrangements for more dependent and sometimes inappropriate institutional living;
(3) That this deficiency has resulted in disproportionate expenditures of both private and public funds for institutionally based care for the state's older individuals;
(4) That the known future increase in the number and proportion of the state's older individuals will require increased use of the natural care system of family, friends, and neighbors and of the strengths and experience of older individuals for their own self-sufficiency;
(5) That older individuals are healthier, happier, and better served living in their own homes and neighborhoods; that support and care is best given by family, friends, or neighbors; that community-based aging services through senior centers and local organizations can serve, supplement, and bolster family living; and that greater state and other public expenditures for inappropriate care can be avoided by investment in preventive community aging services;
(6) That older individuals of this state are entitled to the same opportunities as others for full enjoyment of and maximum participation in their communities' civic, social, and employment activities and in the personal choice and management of their own lives; and
(7) That it is in the public interest that community aging services which support the continued independence and self-sufficiency of older individuals be available in all areas of the state.
Source
Laws 1982, LB 404, § 2;
Laws 1991, LB 58, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2203 - Legislative intent.

81-2203.
Legislative intent.
The Nebraska Community Aging Services Act is intended to (1) define the state's long-term care policy and program for older individuals in all areas of the state, (2) define and recognize a system for planning, administering, and delivering such program, (3) provide for the coordination and integration of all community activities and services into a comprehensive, coordinated program, and (4) provide authority for state funding of such program.
Source
Laws 1982, LB 404, § 3;
Laws 1991, LB 58, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2204 - Definitions, where found.

81-2204.
Definitions, where found.
For purposes of the Nebraska Community Aging Services Act, unless the context otherwise requires, the definitions found in sections 81-2205 to 81-2211.03 shall be used.
Source
Laws 1982, LB 404, § 4;
Laws 1991, LB 58, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2205 - Committee, defined.

81-2205.
Committee, defined.
Committee shall mean the Division of Medicaid and Long-Term Care Advisory Committee on Aging.
Source
Laws 1982, LB 404, § 5;
Laws 1996, LB 1044, § 870;
Laws 2007, LB296, § 762.
Cross References
Division of Medicaid and Long-Term Care Advisory Committee on Aging, created, see section 68-1101.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2206 - Department, defined.

81-2206.
Department, defined.
Department shall mean the Division of Medicaid and Long-Term Care of the Department of Health and Human Services.
Source
Laws 1982, LB 404, § 6;
Laws 1996, LB 1044, § 871;
Laws 2007, LB296, § 763.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2208 - Area agency on aging, defined.

81-2208.
Area agency on aging, defined.
Area agency on aging shall mean the agency formed or eligible pursuant to the Nebraska Community Aging Services Act which is designated by the department as responsible for the administration of the area program plan in each planning-and-service area.
Source
Laws 1982, LB 404, § 8;
Laws 1991, LB 58, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2209 - Area program plan, defined.

81-2209.
Area program plan, defined.
Area program plan shall mean the document submitted to the department by an area agency on aging in order to receive funds under the Nebraska Community Aging Services Act and under the Older Americans Act, as now or hereafter amended, which details the area agency on aging's plan for a comprehensive, coordinated program of community aging services for such area. The area program plan shall be designed to address the needs of older individuals with the greatest economic need and the greatest social need.
Source
Laws 1982, LB 404, § 9;
Laws 1991, LB 58, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2210 - Community aging services, defined.

81-2210.
Community aging services, defined.
Community aging services means those activities and services which fulfill the goals of the Nebraska Community Aging Services Act, which are necessary to promote, restore, or support self-sufficiency and independence for older persons, and which include: (1) Congregate activities, including, but not limited to, senior centers, group meals, volunteerism, adult day services, and recreation; and (2) individual services, including, but not limited to, specialized transportation, meals-on-wheels, home handyman services, home health care services, legal services, counseling related to problems of aging or encouraging access to aging services, and senior volunteer services.
Source
Laws 1982, LB 404, § 10;
Laws 1991, LB 58, § 10;
Laws 2000, LB 819, § 156;
Laws 2000, LB 1101, § 1;
Laws 2017, LB417, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2211.02 - Greatest social need, defined.

81-2211.02.
Greatest social need, defined.
Greatest social need shall mean the need caused by noneconomic factors, including physical and mental disabilities, language barriers, and cultural, social, or geographic isolation including that caused by racial or ethnic status, which restricts an individual's ability to perform normal daily tasks, which threatens such individual's capacity to live independently, or which interferes with the exercise of rights and privileges.
Source
Laws 1991, LB 58, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2211.03 - Older individual, defined.

81-2211.03.
Older individual, defined.
Older individual shall mean any individual who is sixty years of age or older, the spouse of an individual who is sixty years of age or older, or, for purposes of employment services, any individual who is fifty-five years of age or older.
Source
Laws 1991, LB 58, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2212 - Committee; advise department; areas enumerated; serve as appeal panel.

81-2212.
Committee; advise department; areas enumerated; serve as appeal panel.
In addition to duties enumerated in section 68-1104, the committee shall advise the department regarding:
(1) The state plan on aging as developed and prepared by the department;
(2) Policies adopted by the department;
(3) The needs of the state's older individuals;
(4) The development of the state plan and policies which affect the state's older individuals;
(5) Such rules, regulations, and standards as may be adopted by the department; and
(6) A community aging services budget for submission to the Legislature by the department.
The committee shall also act as a panel for the hearing and resolution of any appeal requested by an area agency on aging should the department disapprove the area plan and budget or amendments as submitted.
Source
Laws 1982, LB 404, § 12;
Laws 1991, LB 58, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2214.02 - Records and information; disclosure prohibited; exceptions.

81-2214.02.
Records and information; disclosure prohibited; exceptions.
No record of any person receiving any services funded through the department and no information of a sensitive or confidential nature may be disclosed or released to any other party without the written consent of the person or his or her legal representative unless the disclosure is required for the furtherance of purposes directly associated with the person's plan for services, is required by court order, or is necessary for program monitoring by authorized federal, state, or local monitoring agencies, including the department and the Legislature, or for purposes of the Adult Protective Services Act.
Source
Laws 1991, LB 58, § 17.
Cross References
Adult Protective Services Act, see section 28-348.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2215 - Area agency on aging; department designate.

81-2215.
Area agency on aging; department designate.
The department shall designate an area agency on aging for each planning-and-service area designated pursuant to subdivision (6) of section 81-2213.
Source
Laws 1982, LB 404, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2216 - Area agency on aging; designation by department.

81-2216.
Area agency on aging; designation by department.
The department shall designate, to perform the functions of an area agency on aging, any office or agency having the necessary authority and capacity which is proposed by the chief elected officials of a combination of units of local general-purpose governments formed under the Interlocal Cooperation Act or the Joint Public Agency Act.
Source
Laws 1982, LB 404, § 16;
Laws 1999, LB 87, § 98.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2217 - Area agency on aging; department; duties prior to designation.

81-2217.
Area agency on aging; department; duties prior to designation.
Before designating an area agency on aging for a planning-and-service area, the department shall:
(1) Provide written notice to the county government in the planning-and-service area of the pending designation no less than sixty days before taking action;
(2) Conduct an onsite assessment to determine whether the agency which is being considered for designation as an area agency on aging has the capacity and authority to perform all the functions of an area agency on aging specified by the Nebraska Community Aging Services Act; and
(3) Consider the views of the units of general-purpose local government within the planning-and-service area.
Source
Laws 1982, LB 404, § 17;
Laws 1991, LB 58, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2218 - Area agency on aging; governing unit; duties.

81-2218.
Area agency on aging; governing unit; duties.
The governing unit of the designated area agency on aging shall:
(1) In accordance with section 81-2219, employ a qualified administrator to serve as the chief executive officer for the administration of the agency and employ adequate staff for carrying out the area program plan;
(2) Approve and submit an area plan and budget to the department pursuant to section 81-2213. The plan shall comply with the requirements of the Nebraska Community Aging Services Act and the federal Older Americans Act of 1965, as such federal act existed on January 1, 2016;
(3) Approve such contracts and agreements as are necessary to carry out the functions of the agency; and
(4) Establish and consult with an area advisory council on needs, services, and policies affecting older individuals in the area. The advisory council for the area agency on aging shall establish bylaws which specify the role and functions of the council, number of members, selection of members, term of membership, and frequency of meetings.
Source
Laws 1982, LB 404, § 18;
Laws 1991, LB 58, § 20;
Laws 2016, LB698, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2219 - Area agencies on aging; chief executive officer and staff; qualifications; personnel policies.

81-2219.
Area agencies on aging; chief executive officer and staff; qualifications; personnel policies.
Each area agency on aging governing unit shall establish minimum qualifications of education, training, and experience for its chief executive officer and written policies and procedures for the selection, appointment, and annual performance rating of its chief executive officer and staff.
Source
Laws 1982, LB 404, § 19;
Laws 1991, LB 58, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2220 - Area agency on aging; duties.

81-2220.
Area agency on aging; duties.
An area agency on aging shall:
(1) Monitor, evaluate, and comment on policies, programs, hearings, and community actions which affect older individuals;
(2) Conduct public hearings, studies, and assessments on the needs of older individuals living in the planning-and-service area;
(3) Represent the interests of older individuals to public officials and to public and private agencies or organizations;
(4) Cooperate, coordinate, and plan with other agencies, organizations, or individuals to promote benefits and opportunities for older individuals consistent with the goals of the Nebraska Community Aging Services Act and the federal Older Americans Act of 1965, as such federal act existed on January 1, 2016;
(5) Develop an area plan and budget pursuant to section 81-2213 for a comprehensive, coordinated program of community aging services needed by older individuals of the area and consistent with the requirements of the Nebraska Community Aging Services Act and the federal Older Americans Act of 1965, as such federal act existed on January 1, 2016;
(6) Monitor and evaluate the activities of service providers to ensure that the services being provided comply with the terms of the grant or contract. When a provider is found to be in breach of the terms of its grant or contract, the area agency on aging shall enforce the terms of the grant or contract;
(7) Comply with rules, regulations, and requirements of the department which have been developed in consultation with the area agencies on aging for client and fiscal information and provide to the department information necessary for federal and state reporting, program evaluation, program management, fiscal control, and research needs; and
(8) Provide technical assistance to service providers as needed, prepare written monitoring reports, and provide written reports of onsite assessments of all service providers funded by the area agency on aging according to the rules and regulations promulgated by the department.
Source
Laws 1982, LB 404, § 20;
Laws 1991, LB 58, § 22;
Laws 2016, LB698, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2221 - Area plan and budget; contents.

81-2221.
Area plan and budget; contents.
The plan and budget adopted pursuant to section 81-2220 shall contain at least the following:
(1) Provisions required by the Nebraska Community Aging Services Act and the federal Older Americans Act of 1965, as such federal act existed on January 1, 2016; and
(2) A detailed statement of the manner in which the area agency on aging develops, administers, and supports the comprehensive, coordinated program of community aging services throughout the area.
The department may require minimum service levels for the area and establish minimum standards for activities which carry out the requirements of the Nebraska Community Aging Services Act and the federal Older Americans Act of 1965, as such federal act existed on January 1, 2016.
Source
Laws 1982, LB 404, § 21;
Laws 1991, LB 58, § 23;
Laws 2016, LB698, § 32.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2222 - Funding eligibility; activities and services enumerated.

81-2222.
Funding eligibility; activities and services enumerated.
Activities and services eligible for funding under the Nebraska Community Aging Services Act and an approved plan are:
(1) Those agency functions and services necessary to carry out the agency's responsibilities under the act and in its plan, including, but not limited to, administration, management, information, referral, counseling, program evaluation, needs assessment, research, training, program development, outreach, coordination, advocacy, planning, technical assistance, contracting, and promotion; and
(2) Those community aging services necessary to promote, restore, or support self-sufficiency for older individuals, including (a) congregate activities which (i) are organized and provided on a group basis and delivered in or through a senior service center, (ii) have as their purpose to serve older individuals as a group, and (iii) carry out the goals of the act and (b) individual services which (i) are organized and provided on a one-to-one basis in home or through a senior service center, (ii) have as their purpose to serve an individual or family need, and (iii) carry out the goals of the act.
Source
Laws 1982, LB 404, § 22;
Laws 1991, LB 58, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2223 - Services; eligibility; determination.

81-2223.
Services; eligibility; determination.
Within an area plan, the determination of eligibility of older individuals to benefit from community aging services shall be as follows:
(1) For congregate activities, the determination shall be left to the area agency on aging, taking into account (a) the needs, resources, and standards of communities and older individuals in the area and (b) the recommendations of the area advisory council; and
(2) For individual services, the determination shall be by (a) an assessment of an individual's or family's circumstances and (b) the development of a service plan.
Source
Laws 1982, LB 404, § 23;
Laws 1991, LB 58, § 25.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2224 - Area agency on aging; reimbursement for costs; how made.

81-2224.
Area agency on aging; reimbursement for costs; how made.
The department shall reimburse each designated area agency on aging for seventy-five percent of the actual cost of providing eligible activities and services as defined in section 81-2222. Such reimbursement shall be made from (1) state funds appropriated by the Legislature, (2) federal funds allocated to the department, including federal funds allocated under the Older Americans Act, as now or hereafter amended, and (3) other funds as available. The payments shall be made by the department on or before the twentieth day of each month. If state funds appropriated, federal funds allocated, or other funds available are insufficient to finance the department-approved plan and budget for each designated area agency on aging, the reimbursement to each area agency on aging shall be proportionately reduced. If an area agency on aging chooses to exceed the budget approved by the department, costs in excess of the approved budget shall not be reimbursed by the department.
Source
Laws 1982, LB 404, § 24;
Laws 1991, LB 58, § 26;
Laws 1993, LB 818, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2225 - Reimbursement for costs; qualification.

81-2225.
Reimbursement for costs; qualification.
To qualify for reimbursement by the department, as provided for in section 81-2224, a designated area agency on aging shall have a department-approved plan and budget and shall provide no less than twenty-five percent of such approved plan and budget from local sources. Local sources shall include, but shall not be limited to, local tax dollars and donations and shall not include receipts from federal or state sources, except federal revenue-sharing trust funds.
Source
Laws 1982, LB 404, § 25;
Laws 2018, LB903, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2225.01 - Intrastate funding formula; department; duties.

81-2225.01.
Intrastate funding formula; department; duties.
(1) The department, after consultation with the area agencies on aging, shall develop and use an intrastate funding formula for the allocation to area agencies on aging of state and federal funds awarded pursuant to the Nebraska Community Aging Services Act and the Older Americans Act, as now or hereafter amended.
(2) The area agencies on aging shall comply with the intrastate funding formula determined by the department.
Source
Laws 1991, LB 58, § 27.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2226 - Area agency on aging; malfeasance; effect.

81-2226.
Area agency on aging; malfeasance; effect.
In the event of a documented malfeasance on the part of any area agency on aging in the administration of its area plan, and the failure of the governing unit of the area agency to take corrective action within a reasonable time, the department shall, with the advice of the committee, terminate funding to the area agency governing unit by disapproving the area plan for that area agency on aging.
Source
Laws 1982, LB 404, § 26;
Laws 1996, LB 1044, § 874;
Laws 2007, LB296, § 765.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2227 - Department; submit budget.

81-2227.
Department; submit budget.
Based upon the department-approved plan and budget for each designated area agency on aging, the department shall submit a budget request to the Department of Administrative Services, on or before the date provided in subsection (1) of section 81-132 for each even-numbered year, for the funds required to achieve the objectives of the Nebraska Community Aging Services Act. Such request shall include all federal funds available to the department for reimbursement to area agencies on aging.
Source
Laws 1982, LB 404, § 27;
Laws 1991, LB 58, § 28;
Laws 2002, Second Spec. Sess., LB 12, § 4;
Laws 2016, LB1092, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2229 - Legislative intent.

81-2229.
Legislative intent.
It is the intent of the Legislature that:
(1) The state establish a statewide system of care management units through the area agencies on aging to aid in the coordination of the delivery of a continuum of services targeted primarily to the state's older population;
(2) The continuum of services include the proper utilization of all available care resources, including community-based services and institutionalization, to ensure that persons are receiving, when reasonably possible, the level of care that best matches their level of need;
(3) The Department of Health and Human Services apply for and implement a Title XIX medicaid waiver as a way to provide care management services to medicaid clients and to control the rising costs of medicaid; and
(4) The Department of Health and Human Services develop a uniform method for data collection by care management units.
Source
Laws 1987, LB 42, § 1;
Laws 1996, LB 1044, § 875;
Laws 2007, LB296, § 766.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2230 - Purpose of sections.

81-2230.
Purpose of sections.
The purpose of sections 81-2229 to 81-2235 shall be to provide for care management units which include ongoing consultation, assessment, care plan development, referral, and review for individuals, primarily older Nebraskans, in need of long-term care. With the individual's approval, the care management unit shall help coordinate the developed plan of care using the most appropriate available public and private resources to meet the individual's long-term care needs.
Source
Laws 1987, LB 42, § 2;
Laws 1996, LB 1044, § 876.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2231 - Care management units; certification; standards.

81-2231.
Care management units; certification; standards.
The care management units shall be certified by the Department of Health and Human Services which shall adopt and promulgate rules and regulations within two hundred forty days of August 30, 1987, providing standards for certification. Such standards shall be developed in consultation with appropriate state agencies and professional organizations and shall provide that:
(1) The care management units shall be subject to periodic review by the department;
(2) The care management units shall provide an assessment of an individual's entire range of needs, including, but not limited to, functional, psychosocial, and environmental needs;
(3) The care management units shall develop a long-term care plan for each client in consultation with the individual and if possible his or her family utilizing and coordinating available and appropriate public and private resources;
(4) The care management units shall periodically monitor the delivery of services to each client and review the individual's plan to determine if the plan remains appropriate;
(5) The care management units shall be operated separately from any direct care programs provided by the area agencies on aging; and
(6) A standardized long-term care assessment document shall be developed that incorporates, when reasonably possible, (a) assessment procedures currently used by area agencies on aging and (b) assessment criteria designed to reduce duplication of effort with related long-term care services, both public and private, including assessment material necessary to determine service eligibility by the Department of Health and Human Services.
Source
Laws 1987, LB 42, § 3;
Laws 1996, LB 1044, § 877.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2232 - Area agency on aging; prepare plan; procedure.

81-2232.
Area agency on aging; prepare plan; procedure.
Within sixty days of the adoption and promulgation of the standards for certification by the Department of Health and Human Services, each area agency on aging shall submit to the department for approval a plan of operation to either provide and supervise or subcontract for at least one certified care management unit to provide all eligible individuals residing in its planning-and-service area with long-term care management services. Within thirty days of receipt of a plan for approval, the department shall notify the area agency on aging of its acceptance or denial of the plan. If the plan is denied, the department shall give the reasons for denial and the area agency on aging shall submit a revised plan. If the area agency on aging does not submit a revised plan within thirty days of the denial, the Department of Health and Human Services may contract with another public or private entity to serve that planning-and-service area.
Source
Laws 1987, LB 42, § 4;
Laws 1996, LB 1044, § 878.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2234 - Care management unit; fee scale; reimbursement.

81-2234.
Care management unit; fee scale; reimbursement.
(1) Individuals who have family income below three hundred percent of a poverty level determined by the Department of Health and Human Services based on any federal poverty index or similar guidelines shall pay from zero to ninety percent of the fee for the services provided by a care management unit. The fee scale shall be adopted and promulgated as rules and regulations by the department and shall reflect the income range of individuals.
(2) A care management unit may receive reimbursement from state and federal government programs which allow for reimbursement for care management or case management services.
(3) Individuals not covered by subsection (1) or (2) of this section shall pay the full fee for services provided by a care management unit.
Source
Laws 1987, LB 42, § 6;
Laws 1996, LB 1044, § 880.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2235 - Care management unit; reimbursement by department.

81-2235.
Care management unit; reimbursement by department.
(1) Each care management unit may be reimbursed by the Department of Health and Human Services for costs not paid for by the individual or through other reimbursement specified in section 81-2234. Reimbursement by the department shall be based on actual casework time units expended on all care management services provided and shall include expenses for personnel, administration and planning, client eligibility review, contractual services, and necessary support services and other necessary actual and indirect costs. Standardized rates of reimbursement shall be adopted and promulgated by the department and shall be adjusted at least every three years.
(2) Appropriations for reimbursement by the department for services provided under sections 81-2229 to 81-2235 and for the costs of the department to administer the program shall be appropriated separately from funds appropriated under the Nebraska Community Aging Services Act.
Source
Laws 1987, LB 42, § 7;
Laws 1996, LB 1044, § 881;
Laws 2016, LB698, § 33.
Cross References
Nebraska Community Aging Services Act, see section 81-2201.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2237 - Act, how cited.

81-2237.
Act, how cited.
Sections 81-2237 to 81-2264 shall be known and may be cited as the Long-Term Care Ombudsman Act.
Source
Laws 1992, LB 677, § 1;
Laws 2018, LB903, § 2.
Cross References
Adult Protective Services Act, see section 28-348.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2238 - Definitions, where found.

81-2238.
Definitions, where found.
For purposes of the Long-Term Care Ombudsman Act, the definitions found in sections 81-2239 to 81-2248 shall be used.
Source
Laws 1992, LB 677, § 2;
Laws 2018, LB903, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2242 - Local long-term care ombudsman program, defined.

81-2242.
Local long-term care ombudsman program, defined.
Local long-term care ombudsman program means an entity, either public or private and nonprofit, designated as a local long-term care ombudsman program by the office.
Source
Laws 1992, LB 677, § 6;
Laws 2018, LB903, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2243 - Long-term care facility, defined.

81-2243.
Long-term care facility, defined.
Long-term care facility includes:
(1) A nursing facility;
(2) An assisted-living facility;
(3) Any other adult care home;
(4) A continuing care community;
(5) Any swing bed in an acute care facility or extended care facility; and
(6) Any adult day service.
Source
Laws 1992, LB 677, § 7;
Laws 1997, LB 608, § 26;
Laws 2000, LB 819, § 157;
Laws 2018, LB903, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2247 - Ombudsman advocate, defined.

81-2247.
Ombudsman advocate, defined.
Ombudsman advocate means an employee or a volunteer of the office other than the state long-term care ombudsman or of a local program trained and certified to carry out duties of the office.
Source
Laws 1992, LB 677, § 11;
Laws 2018, LB903, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2247.01 - Representative of the office, defined.

81-2247.01.
Representative of the office, defined.
Representative of the office means an employee or volunteer designated by the state long-term care ombudsman to fulfill the duties of the office, whether personnel supervision is provided by the state long-term care ombudsman or his or her designee or by an agency hosting a local long-term care ombudsman designated by the state long-term care ombudsman.
Source
Laws 2018, LB903, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2247.02 - Resident, defined.

81-2247.02.
Resident, defined.
Resident means an individual who resides in a long-term care facility as a patient, resident, or client.
Source
Laws 1992, LB 677, § 10;
R.S.1943, (2014), § 81-2246;
Laws 2018, LB903, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2247.03 - Resident representative, defined.

81-2247.03.
Resident representative, defined.
Resident representative means:
(1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decisionmaking; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
(2) A person authorized by state or federal law, including, but not limited to, agents under a power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decisionmaking; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.
Source
Laws 2018, LB903, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2248 - State long-term care ombudsman, defined.

81-2248.
State long-term care ombudsman, defined.
State long-term care ombudsman means the person appointed under section 81-2249 to fulfill the responsibilities of the office.
Source
Laws 1992, LB 677, § 12;
Laws 2007, LB296, § 767;
Laws 2018, LB903, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2249 - Office; created; state long-term care ombudsman; appointed.

81-2249.
Office; created; state long-term care ombudsman; appointed.
Pursuant to the Older Americans Act, the office of the state long-term care ombudsman is hereby created. The department shall establish and operate the office. The chief executive officer of the department shall appoint the state long-term care ombudsman.
Source
Laws 1992, LB 677, § 13;
Laws 2007, LB296, § 768.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2250 - Long-term care ombudsman program; established; contents.

81-2250.
Long-term care ombudsman program; established; contents.
The department shall establish a long-term care ombudsman program consisting of the state long-term care ombudsman and any local long-term care ombudsman programs. The program shall:
(1) Investigate and resolve complaints made by or on behalf of residents relating to action, inaction, or decisions of providers of long-term care services or their representatives, of public agencies, or of social service agencies which may adversely affect the health, safety, welfare, or rights of residents. The office shall implement procedures to ensure that no state long-term care ombudsman or ombudsman advocate investigates any complaint involving a provider with which the representative was once employed or associated;
(2) Provide for the training of the state long-term care ombudsman and ombudsman advocates and promote the development of citizen organizations to participate in the program, provide training to ombudsman advocates and staff of local long-term care ombudsman programs, issue certificates attesting to the successful completion of the prescribed training, and provide ongoing technical assistance to such local programs;
(3) Analyze and monitor the development and implementation of federal, state, and local laws, regulations, and policies with respect to long-term care facilities and services and recommend any changes in such laws, regulations, and policies deemed by the long-term care ombudsman program to be appropriate;
(4) Establish a statewide, uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The data shall be submitted to the department at least on an annual basis;
(5) Prepare reports and provide policy, regulatory, and legislative recommendations to solve problems, resolve complaints, and improve the quality of care and life in long-term care facilities;
(6) Provide for public forums to discuss concerns and problems relating to action, inaction, or decisions that may adversely affect the health, safety, welfare, or civil rights of residents and resident representatives, public agencies and entities, and social service agencies; and
(7) Provide information to public agencies, legislators, and others regarding the problems and concerns, including recommendations related to such problems and concerns, of residents.
Source
Laws 1992, LB 677, § 14;
Laws 1996, LB 1044, § 884;
Laws 2007, LB296, § 769;
Laws 2018, LB903, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2251 - Rules and regulations; state long-term care ombudsman; qualifications.

81-2251.
Rules and regulations; state long-term care ombudsman; qualifications.
The department may adopt and promulgate rules and regulations to carry out the Long-Term Care Ombudsman Act. The department shall ensure that the state long-term care ombudsman has no conflicts of interest in fulfilling the duties of the office, is capable of administering the office impartially, has an understanding of long-term care issues, has experience in the fields of aging and health care, and has worked with and been involved in volunteer programs.
Source
Laws 1992, LB 677, § 15;
Laws 2007, LB296, § 770;
Laws 2018, LB903, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2252 - Local long-term care ombudsman programs; designation; provisional status.

81-2252.
Local long-term care ombudsman programs; designation; provisional status.
The office may designate for two-year periods, within each planning-and-service area designated pursuant to section 81-2213, local long-term care ombudsman programs.
The office may withdraw or provisionally maintain the designation of an entity as a local long-term care ombudsman program. If the designation of a local long-term care ombudsman program is provisionally maintained, the office shall notify the program of the reasons for the provisional status, of the changes or corrections necessary for the removal of the provisional status, of the length of time permitted to make the changes or corrections, and that the office will withdraw the designation if the program does not comply with the requirements specified in the notice. If the designation of a local long-term care ombudsman program is withdrawn, the office may provide for the continuation of long-term care ombudsman services for that area.
Source
Laws 1992, LB 677, § 16;
Laws 2007, LB296, § 771;
Laws 2018, LB903, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2253 - Staff training requirements; ombudsman advocate certification; required.

81-2253.
Staff training requirements; ombudsman advocate certification; required.
(1) The state long-term care ombudsman shall ensure that the staff of the office and of local long-term care ombudsman programs are trained in:
(a) Federal, state, and local laws, regulations, and policies with respect to long-term care facilities in the state;
(b) Investigative techniques;
(c) Management of long-term care facilities; and
(d) Such other matters as the office deems appropriate.
(2) The state long-term care ombudsman shall develop procedures for the certification of ombudsman advocates.
(3) No ombudsman advocate shall investigate any complaint filed with the office unless such person is certified by the office.
Source
Laws 1992, LB 677, § 17;
Laws 2018, LB903, § 17.