reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1201 - Eligibility determination; exclusion of certain assets and income.

68-1201.
Eligibility determination; exclusion of certain assets and income.
In determining eligibility for the program for aid to dependent children pursuant to section 43-512 as administered by the State of Nebraska pursuant to the federal Temporary Assistance for Needy Families program, 42 U.S.C. 601 et seq., for the low-income home energy assistance program administered by the State of Nebraska pursuant to the federal Energy Policy Act of 2005, 42 U.S.C. 8621 to 8630, for the Supplemental Nutrition Assistance Program administered by the State of Nebraska pursuant to the federal Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq., and for the child care subsidy program established pursuant to section 68-1202, the following shall not be included in determining assets or income:
(1) Assets in or income from an educational savings account, a Coverdell educational savings account described in 26 U.S.C. 530, a qualified tuition program established pursuant to 26 U.S.C. 529, or any similar savings account or plan established to save for qualified higher education expenses as defined in section 85-1802;
(2) Income from scholarships or grants related to postsecondary education, whether merit-based, need-based, or a combination thereof;
(3) Income from postsecondary educational work-study programs, whether federally funded, funded by a postsecondary educational institution, or funded from any other source;
(4) Assets in or income from an account under a qualified program as provided in section 77-1402;
(5) Income received for participation in grant-funded research on the impact that income has on the development of children in low-income families, except that such exclusion of income must not exceed four thousand dollars per year for a maximum of eight years and such exclusion shall only be made if the exclusion is permissible under federal law for each program referenced in this section. No such exclusion shall be made for such income on or after December 31, 2026; and
(6) Income from any tax credits received pursuant to the School Readiness Tax Credit Act.
Source
Laws 2014, LB359, § 1;
Laws 2015, LB591, § 10;
Laws 2016, LB889, § 8;
Laws 2016, LB1081, § 2;
Laws 2021, LB533, § 1.
Cross References
School Readiness Tax Credit Act, see section 77-3601.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1202 - Social services; services included.

68-1202.
Social services; services included.
Social services may be provided on behalf of recipients with payments for such social services made directly to vendors. Social services shall include those mandatory and optional services to former, present, or potential social services recipients provided for under the federal Social Security Act, as amended, and described by the State of Nebraska in the approved State Plan for Services. Such services may include, but shall not be limited to, foster care for children, child care, family planning, treatment for alcoholism and drug addiction, treatment for persons with an intellectual disability, health-related services, protective services for children, homemaker services, employment services, foster care for adults, protective services for adults, transportation services, home management and other functional education services, housing improvement services, legal services, adult day services, home delivered or congregate meals, educational services, and secondary prevention services, including, but not limited to, home visitation, child screening and early intervention, and parenting education programs.
Source
Laws 1973, LB 511, § 2;
Laws 1986, LB 1177, § 28;
Laws 2000, LB 819, § 82;
Laws 2005, LB 264, § 1;
Laws 2011, LB177, § 10;
Laws 2013, LB23, § 15.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1203 - Social services; provided or purchased; dependent children and families; aged, blind, or disabled persons.

68-1203.
Social services; provided or purchased; dependent children and families; aged, blind, or disabled persons.
Social services shall be provided or purchased for dependent children and families, aged persons, blind individuals, and disabled individuals as defined by state law and to former and potential recipients as defined in federal regulations.
Source
Laws 1973, LB 511, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1204 - Social services or specialized developmental disability services; rules and regulations; agreements; fee schedules.

68-1204.
Social services or specialized developmental disability services; rules and regulations; agreements; fee schedules.
(1) For the purpose of providing or purchasing social services described in section 68-1202, the state hereby accepts and assents to all applicable provisions of the federal Social Security Act, as amended. The Department of Health and Human Services may adopt and promulgate rules and regulations, enter into agreements, and adopt fee schedules with regard to social services described in section 68-1202.
(2) The department shall adopt and promulgate rules and regulations to administer funds under Title XX of the federal Social Security Act, as amended, designated for specialized developmental disability services.
Source
Laws 1973, LB 511, § 4;
Laws 1991, LB 830, § 31;
Laws 1996, LB 1044, § 345;
Laws 2006, LB 994, § 66;
Laws 2007, LB296, § 277;
Laws 2011, LB177, § 11.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1205 - Matching funds.

68-1205.
Matching funds.
The matching funds required to obtain the federal share of the services described in section 68-1202 may come from either state, county, or donated sources in amounts and other provisions to be determined by the Department of Health and Human Services.
Source
Laws 1973, LB 511, § 5;
Laws 1996, LB 1044, § 346;
Laws 2006, LB 994, § 67;
Laws 2007, LB296, § 278.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1207.01 - Department of Health and Human Services; caseloads report; contents.

68-1207.01.
Department of Health and Human Services; caseloads report; contents.
The Department of Health and Human Services shall annually provide a report to the Legislature and Governor outlining the caseloads of child protective services, the factors considered in their establishment, and the fiscal resources necessary for their maintenance. The report submitted to the Legislature shall be submitted electronically. For 2012, 2013, and 2014, the department shall also provide electronically the report to the Health and Human Services Committee of the Legislature on or before September 15. Such report shall include:
(1) A comparison of caseloads established by the department with the workload standards recommended by national child welfare organizations along with the amount of fiscal resources necessary to maintain such caseloads in Nebraska;
(2)(a) The number of child welfare case managers employed by the State of Nebraska and child welfare services workers, providing services directly to children and families, who are under contract with the State of Nebraska or employed by a private entity under contract with the State of Nebraska and (b) statistics on the average length of employment in such positions, statewide and by service area designated pursuant to section 81-3116;
(3)(a) The average caseload of child welfare case managers employed by the State of Nebraska and child welfare services workers, providing services directly to children and families, who are under contract with the State of Nebraska or employed by a private entity under contract with the State of Nebraska and (b) the outcomes of such cases, including the number of children reunited with their families, children adopted, children in guardianships, placement of children with relatives, and other permanent resolutions established, statewide and by service area designated pursuant to section 81-3116; and
(4) The average cost of training child welfare case managers employed by the State of Nebraska and child welfare services workers, providing child welfare services directly to children and families, who are under contract with the State of Nebraska or employed by a private entity under contract with the State of Nebraska, statewide and by service area as designated pursuant to section 81-3116.
Source
Laws 1990, LB 720, § 2;
Laws 1996, LB 1044, § 349;
Laws 2005, LB 264, § 3;
Laws 2007, LB296, § 281;
Laws 2012, LB782, § 96;
Laws 2012, LB1160, § 14;
Laws 2013, LB222, § 22.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1208 - Rules and regulations; right of appeal and hearings.

68-1208.
Rules and regulations; right of appeal and hearings.
Authority to adopt rules and regulations and the right to appeal and hearing shall be the same in the program of social services as in the program of assistance to families and children and the aged, blind, or disabled.
Source
Laws 1973, LB 511, § 8.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1209 - Applications for social services; information; safeguarded.

68-1209.
Applications for social services; information; safeguarded.
Information regarding applicants for or recipients of social services shall be safeguarded and shall be used only for purposes connected with the administration of social services.
Source
Laws 1973, LB 511, § 9.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1210 - Department of Health and Human Services; certain foster care children; payment rates; family care services; plan; implementation.

68-1210.
Department of Health and Human Services; certain foster care children; payment rates; family care services; plan; implementation.
(1) Notwithstanding any other provision of law, the Department of Health and Human Services shall have the authority through rule or regulation to establish payment rates for children with special needs who are in foster care and in the custody of the department.
(2)(a) On or before October 1, 2022, the Division of Medicaid and Long-Term Care and the Division of Children and Family Services of the Department of Health and Human Services shall develop a plan to implement treatment family care services. The plan shall be submitted to the Health and Human Services Committee of the Legislature and the Nebraska Children's Commission.
(b) On or before October 1, 2023, the Division of Medicaid and Long-Term Care shall implement treatment family care services as allowed by federal law. The department shall seek to maximize federal funding for such program prior to utilizing state medicaid funds for eligible children.
Source
Laws 1990, LB 1022, § 1;
Laws 1996, LB 1044, § 350;
Laws 2007, LB296, § 282;
Laws 2022, LB1173, § 17.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1212 - Department of Health and Human Services; cases; case manager; employee of department; duties.

68-1212.
Department of Health and Human Services; cases; case manager; employee of department; duties.
For all cases in which a court has awarded a juvenile to the care of the Department of Health and Human Services according to subsection (1) of section 43-285 and for any noncourt and voluntary cases, the case manager shall be an employee of the department. Such case manager shall be responsible for and shall directly oversee: Case planning; service authorization; investigation of compliance; monitoring and evaluation of the care and services provided to children and families; and decisionmaking regarding the determination of visitation and the care, placement, medical services, psychiatric services, training, and expenditures on behalf of each juvenile under subsection (1) of section 43-285. Such case manager shall be responsible for decisionmaking and direct preparation regarding the proposed plan for the care, placement, services, and permanency of the juvenile filed with the court required under subsection (2) of section 43-285. The health and safety of the juvenile shall be the paramount concern in the proposed plan.
Source
Laws 2012, LB961, § 2;
Laws 2014, LB660, § 1;
Laws 2019, LB600, § 18;
Laws 2020, LB219, § 3;
Laws 2022, LB1173, § 18.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1214 - Case managers; training program; department; duties; training curriculum; contents.

68-1214.
Case managers; training program; department; duties; training curriculum; contents.
To facilitate consistency in training all case managers and allow for Title IV-E reimbursement for case manager training under Title IV-E of the federal Social Security Act, as amended, the same program for initial training of case managers shall be utilized for all case managers. The initial training of all case managers shall be provided by the department or one or more organizations under contract with the department. The department shall create a formal system for measuring and evaluating the quality of such training. All case managers shall complete a formal assessment process after initial training to demonstrate competency prior to assuming responsibilities as a case manager. The training curriculum for case managers shall include, but not be limited to: (1) An understanding of the benefits of utilizing evidence-based and promising casework practices; (2) the importance of guaranteeing service providers' fidelity to evidence-based and promising casework practices; and (3) a commitment to evidence-based and promising family-centered casework practices that utilize a least restrictive approach for children and families.
Source
Laws 2014, LB853, § 45;
Laws 2022, LB1173, § 19.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1215 - Low-income home energy assistance program; eligibility; determination.

68-1215.
Low-income home energy assistance program; eligibility; determination.
For purposes of determining eligibility of a household for the low-income home energy assistance program pursuant to section 68-1201 as administered by the State of Nebraska pursuant to the federal Energy Policy Act of 2005, 42 U.S.C. 8621 to 8630, the Department of Health and Human Services shall apply a household total annual income level of one hundred fifty percent of the federal poverty level published annually by the United States Department of Health and Human Services or such successor agency which publishes the federal poverty level.
Source
Laws 2021, LB306, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1216 - Low-income home energy assistance program; allocation of funds.

68-1216.
Low-income home energy assistance program; allocation of funds.
The Department of Health and Human Services shall annually allocate at least ten percent of available funds for the low-income home energy assistance program established pursuant to the federal Energy Policy Act of 2005, 42 U.S.C. 8621 to 8630, to weatherization assistance for eligible households as administered by the department or other agencies of the state.
Source
Laws 2021, LB306, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1402 - Department of Health and Human Services; program for persons with genetically handicapping conditions; duties.

68-1402.
Department of Health and Human Services; program for persons with genetically handicapping conditions; duties.
The Department of Health and Human Services shall establish and administer a program for the medical care of persons of all ages with genetically handicapping conditions, including cystic fibrosis, hemophilia, and sickle cell disease, through physicians and health care providers that are qualified pursuant to the regulations of the department to provide such medical services. The department shall adopt such rules and regulations pursuant to the Administrative Procedure Act, as are necessary for the implementation of the provisions of the Genetically Handicapped Persons Act. The department shall establish priorities for the use of funds and provision of services under the Genetically Handicapped Persons Act.
Source
Laws 1980, LB 989, § 2;
Laws 1996, LB 1044, § 351;
Laws 2006, LB 994, § 69;
Laws 2007, LB296, § 283.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1403 - Genetically handicapped persons; medical care program; services and treatment included.

68-1403.
Genetically handicapped persons; medical care program; services and treatment included.
The program established under the Genetically Handicapped Persons Act, which shall be under the supervision of the Department of Health and Human Services, shall include any or all of the following:
(1) Initial intake and diagnostic evaluation;
(2) The cost of blood transfusion and use of blood derivatives, or both;
(3) Rehabilitation services, including reconstructive surgery;
(4) Expert diagnosis;
(5) Medical treatment;
(6) Surgical treatment;
(7) Hospital care;
(8) Physical therapy;
(9) Occupational therapy;
(10) Materials and prescription drugs;
(11) Appliances and their upkeep, maintenance, and care;
(12) Maintenance, transportation, or care incidental to any other form of services; and
(13) Appropriate and sufficient staff to carry out the provisions of the Genetically Handicapped Persons Act.
Source
Laws 1980, LB 989, § 3;
Laws 1996, LB 1044, § 352;
Laws 2006, LB 994, § 70;
Laws 2007, LB296, § 284.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1404 - Medical care of genetically handicapping conditions; reimbursement.

68-1404.
Medical care of genetically handicapping conditions; reimbursement.
Reimbursement under sections 68-1401 to 68-1406 shall be made to the extent services are not available or provided to the recipient under any other private, state, or federal programs or under other contractual or legal entitlement including insurance, but no provision in sections 68-1401 to 68-1406 shall be construed as limiting in any way state participation in any federal governmental program for medical care of persons with genetically handicapping conditions.
Source
Laws 1980, LB 989, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1405 - Department of Health and Human Services; medical care program; uniform standards of financial eligibility and payment; establish.

68-1405.
Department of Health and Human Services; medical care program; uniform standards of financial eligibility and payment; establish.
The Department of Health and Human Services shall establish uniform standards of financial eligibility for the treatment services under the program established under the Genetically Handicapped Persons Act, including a uniform formula for the payment of services by physicians and health care providers rendered under such program and such formula for payment shall provide for reimbursement at rates similar to those set by other federal and state programs, and private entitlements. The standards of the department for financial eligibility shall be the same as those established for Medically Handicapped Children's Services, as administered by the department. All county or district health departments shall use the uniform standards for financial eligibility and uniform formula for payment established by the department. All payments shall be used in support of the program for services established under the act.
The department shall establish payment schedules for services.
Source
Laws 1980, LB 989, § 5;
Laws 1985, LB 249, § 5;
Laws 1996, LB 1044, § 353;
Laws 2006, LB 994, § 71;
Laws 2007, LB296, § 285.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1406 - Benefits and services; payment liability.

68-1406.
Benefits and services; payment liability.
The health care benefits and services specified in sections 68-1401 to 68-1406, to the extent that such benefits and services are neither provided under any other federal or state law nor provided or available under other contractual or legal entitlements including insurance of the person, shall be provided to any patient who is a resident of this state and is made eligible by the provisions of sections 68-1401 to 68-1406. After such patient has utilized such contractual or legal entitlements, the payment liability under section 68-1405 shall then be applied to the remaining cost of the genetically handicapped person's services.
Source
Laws 1980, LB 989, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1502 - Legislative findings.

68-1502.
Legislative findings.
The Legislature finds and declares that:
(1) The family is vital to the fundamental development of each person in the State of Nebraska;
(2) A growing number of families are searching for ways to provide for disabled family members in the home rather than placing them in state or private institutional or residential facilities;
(3) Employable disabled persons should be encouraged to engage in employment and ultimately become self-supporting;
(4) Necessary services should be available to families caring for a disabled family member so that disabled persons may remain in the home, obtain employment if possible, and maintain a more independent form of living;
(5) The State of Nebraska should make every effort to preserve the family unit, to insure that decisions of providing for a disabled person are based on the best interests of the disabled person and the family, and to provide services to disabled persons which promote independent living and employability; and
(6) The State of Nebraska should promote cost-effective health care alternatives for disabled persons.
Source
Laws 1981, LB 389, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1503 - Terms, defined.

68-1503.
Terms, defined.
For purposes of the Disabled Persons and Family Support Act:
(1) Department means the Department of Health and Human Services;
(2) Disabled family member or disabled person means a person who has a medically determinable severe, chronic disability which:
(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations in two or more of the following areas of major life activity: (i) Self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, (vii) work skills or work tolerance, and (viii) economic sufficiency; and
(d) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, vocational rehabilitation, or other services which are of lifelong or extended duration and are individually planned and coordinated; and
(3) Other support programs means all forms of local, state, or federal assistance, grants-in-aid, educational programs, or support provided by public or private funds for disabled persons or their families.
Source
Laws 1981, LB 389, § 3;
Laws 1996, LB 1044, § 354;
Laws 2006, LB 994, § 72;
Laws 2007, LB296, § 286.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1504 - Department of Health and Human Services; provide support; expenses; compensation.

68-1504.
Department of Health and Human Services; provide support; expenses; compensation.
The department may provide support to families providing for a disabled member in the home and to disabled persons in independent living situations. Such support may be made available to compensate for present and future expenses, including, but not limited to:
(1) The purchase or lease of special equipment or architectural modifications of a home made to improve or facilitate the care, treatment, therapy, general living conditions, or access of the disabled person;
(2) Medical, surgical, therapeutic, diagnostic, and other health services related to the disability or disabilities of the disabled person;
(3) Counseling or training programs which assist the family in providing proper care for the disabled family member or assist the disabled person in an independent living situation and which provide for the special needs of the family or disabled person;
(4) Attendant care, respite care, home health aid services, homemaker services, and chore services which provide assistance with training, routine body functions, dressing, preparation, consumption of food, and ambulation as well as providing respite assistance to the family;
(5) Transportation services for the disabled person; and
(6) Transportation, room, and board costs incurred by the family or disabled person during evaluations or treatment of the disabled family member which receive prior approval from the department.
Source
Laws 1981, LB 389, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1505 - Support; families; eligibility requirements.

68-1505.
Support; families; eligibility requirements.
Families may be eligible to receive support pursuant to sections 68-1501 to 68-1519 if the family (1) resides in the State of Nebraska, (2) has a family member who is disabled and is (a) living at home or (b) residing in a state or private institutional or residential facility but could return home under sections 68-1501 to 68-1519, and (3) has insufficient income to provide for the total cost of care for the disabled family member.
Source
Laws 1981, LB 389, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1506 - Support; disabled person in independent living situation; eligibility requirements.

68-1506.
Support; disabled person in independent living situation; eligibility requirements.
A disabled person in an independent living situation may be eligible to receive support pursuant to sections 68-1501 to 68-1519 if the person (1) is a resident of the State of Nebraska, (2) requires care to remain within an independent living situation, and (3) has insufficient income to provide for the total cost of such care.
Source
Laws 1981, LB 389, § 6;
Laws 1985, LB 87, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1507 - Eligibility; department determine.

68-1507.
Eligibility; department determine.
The determination of disability and the need for programs and services shall be supported by current program plans, evaluations, and medical reports which shall be provided to the department upon request. The department may decide that additional evaluations of the disabled person are necessary to determine eligibility or the need for programs and services. Such additional evaluations shall be provided by the department.
Source
Laws 1981, LB 389, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1508 - Support; allocation of costs; basis.

68-1508.
Support; allocation of costs; basis.
The department may allocate costs for programs and services between the department and the family or the disabled person in an independent living situation. Such cost allocation shall be based on the need for support pursuant to sections 68-1501 to 68-1519 and shall not be based on income guidelines or fee schedules established for other programs administered by the department.
Source
Laws 1981, LB 389, § 8.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1509 - Department; needs and eligibility criteria; factors.

68-1509.
Department; needs and eligibility criteria; factors.
The department, in considering the needs and eligibility criteria of families and disabled persons, shall consider various factors, including, but not limited to:
(1) Total family income, except that the amount which the spouse may designate as provided in section 68-922 shall be excluded in determining total family income per month;
(2) The cost of providing supplemental services to the family or the disabled person;
(3) The need for each program or service received by the family or the disabled person;
(4) The eligibility of the family or the disabled person for other support programs;
(5) The costs of providing for the family or the disabled person in an independent living situation, notwithstanding the special circumstances of providing for a disabled person;
(6) The number of persons in the family; and
(7) The availability of insurance to cover the cost of needed programs and services.
If assets have been designated for an individual in accordance with section 68-922, such assets shall not be considered in determining the eligibility for support of the individual's disabled spouse.
Source
Laws 1981, LB 389, § 9;
Laws 1988, LB 419, § 16;
Laws 1989, LB 362, § 16;
Laws 2006, LB 1248, § 71.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1510 - Support; supplemental to other programs; availability of other programs; department; duties.

68-1510.
Support; supplemental to other programs; availability of other programs; department; duties.
The support available under sections 68-1501 to 68-1519 shall be supplemental to other support programs for which the family or disabled person is eligible and is not intended to reduce the responsibility for the provision of services and support by such other programs. The department shall (1) determine whether any request under sections 68-1501 to 68-1519 is appropriate to and available from other support programs, (2) deny any request if the requested assistance is appropriate to and available from other support programs, and (3) provide information and referral to all families and disabled persons whose request for assistance was denied pursuant to this section on the procedure for applying for other appropriate and available support programs.
Source
Laws 1981, LB 389, § 10.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1511 - Department; payment of support; provide assistance; providers of programs and services.

68-1511.
Department; payment of support; provide assistance; providers of programs and services.
The department may, by agreement with the head of the family or disabled person, provide support pursuant to sections 68-1501 to 68-1519 (1) directly to the family or the disabled person, or (2) directly to qualified programs and services. The department shall assist each family or disabled person receiving support under sections 68-1501 to 68-1519 in locating qualified programs and services. The family or the disabled person may be required to be responsible for contracting for those programs and services which the department approves and shall furnish the department a copy of each contract. The family or the disabled person may compensate the providers of such programs and services directly. Providers of programs and services shall be required to comply with all standards established by the department for participation pursuant to sections 68-1501 to 68-1519.
Source
Laws 1981, LB 389, § 11.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1512 - Support; maximum allowance; limitations; appropriations; legislative intent.

68-1512.
Support; maximum allowance; limitations; appropriations; legislative intent.
(1) The maximum support allowable under sections 68-1501 to 68-1519 shall be (a) four hundred dollars per month per disabled person averaged over any one-year period or (b) four hundred dollars per month per family averaged over any one-year period for the first disabled family member plus two hundred dollars per month averaged over any one-year period for each additional disabled family member. The department shall not provide support, pursuant to sections 68-1501 to 68-1519, to any family or disabled person whose gross income less the cost of medical or other care specifically related to the disability exceeds the median family income for a family of four in Nebraska, except that the department shall make adjustments for the actual size of the family.
(2) It is the intent of the Legislature that any appropriation relating to this section be increased accordingly so that each person who received support prior to September 2, 2023, will continue to receive support.
Source
Laws 1981, LB 389, § 12;
Laws 1985, LB 87, § 2;
Laws 2023, LB227, § 67.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1513 - Department; review needs of support recipient.

68-1513.
Department; review needs of support recipient.
The department shall review the needs of each family or disabled person receiving support under sections 68-1501 to 68-1519 on a regular basis, as established by the department, or upon the showing of a change of circumstances by the head of the family.
Source
Laws 1981, LB 389, § 13.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1514 - Denial of support; hearing provided.

68-1514.
Denial of support; hearing provided.
The chief executive officer of the department, or his or her designated representative, shall provide an opportunity for a fair hearing to any family or disabled person who is denied support pursuant to the Disabled Persons and Family Support Act.
Source
Laws 1981, LB 389, § 14;
Laws 1996, LB 1044, § 355;
Laws 2006, LB 994, § 73;
Laws 2007, LB296, § 287.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1515 - Rules and regulations; contents.

68-1515.
Rules and regulations; contents.
The department shall adopt and promulgate rules and regulations, as necessary, to implement sections 68-1501 to 68-1519, including:
(1) Standards and procedures for determining approval of qualified programs and services to participate under sections 68-1501 to 68-1519;
(2) Identification of the need for programs and services of families providing for a disabled family member in the home or of disabled persons in an independent living situation;
(3) Identification of the need for support to families and disabled persons and procedures for the provision of support under sections 68-1501 to 68-1519;
(4) Procedures for review of each family or disabled person receiving support under sections 68-1501 to 68-1519;
(5) Procedures and guidelines for determining priorities, eligibility standards, and eligibility criteria for the selection of families and disabled persons to participate in programs pursuant to sections 68-1501 to 68-1519;
(6) Procedures and guidelines for determining when support pursuant to sections 68-1501 to 68-1519 would be a duplication of support from other support programs or would result in excessive support to a family or disabled person; and
(7) An annual determination of the family income guidelines necessary to carry out the provisions of section 68-1512. Such guidelines shall be based on population, per capita income, and other data provided by the United States Department of Commerce, Bureau of the Census.
Source
Laws 1981, LB 389, § 15.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1516 - Department; provide support; when; priorities.

68-1516.
Department; provide support; when; priorities.
The department shall begin providing support pursuant to sections 68-1501 to 68-1519 on July 1, 1982. From July 1, 1982, to July 1, 1986, the department shall provide support on a priority basis to families and disabled persons eligible to receive support pursuant to sections 68-1501 to 68-1519. The department shall give priority to those families providing for a severely or multiple disabled family member and to severely or multiple disabled persons in independent living situations. Priority shall also be given to those families and disabled persons (1) with the greatest need for support to maintain the disabled person in the family home or independent living situation, (2) who have the greatest possibility of maintaining the disabled person in the home or independent living situation on a continual basis, and (3) who demonstrate that support pursuant to sections 68-1501 to 68-1519 will provide the most cost-effective form of care for the disabled person.
Source
Laws 1981, LB 389, § 16.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1517 - Department; expenditure of funds authorized.

68-1517.
Department; expenditure of funds authorized.
The department may expend funds for the administration of the Disabled Persons and Family Support Act and for support pursuant to the act.
Source
Laws 1981, LB 389, § 17;
Laws 1990, LB 917, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1518 - Department; report; contents.

68-1518.
Department; report; contents.
The department shall file an annual report with the Governor and the Clerk of the Legislature on or before January 1 of each year beginning January 1, 1983. The report submitted to the Clerk of the Legislature shall be submitted electronically. Such report shall include:
(1) The number of families and disabled persons applying for support pursuant to the Disabled Persons and Family Support Act and the number of families and disabled persons receiving support pursuant to the act;
(2) The types of services and programs being applied for and those being provided through the act;
(3) The effects of the support provided under the act on the disabled and their families; and
(4) Any proposals for amendment of the act.
Source
Laws 1981, LB 389, § 18;
Laws 2012, LB782, § 97.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1519 - Obtaining support in violation of sections; violation; penalty.

68-1519.
Obtaining support in violation of sections; violation; penalty.
Any person who by means of a willfully false statement or representation, or by impersonation or other device, obtains or attempts to obtain, or who aids or abets any other person in obtaining support under sections 68-1501 to 68-1519 shall, upon conviction thereof, be punished pursuant to section 68-1017.
Source
Laws 1981, LB 389, § 19.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1520 - Legislative findings.

68-1520.
Legislative findings.
The Legislature finds that:
(1) Supporting the efforts of families and caregivers to care for individuals at home is efficient, cost effective, and humane. Families receiving occasional respite services are less likely to request admission of an individual to a nursing home, foster care, or other out-of-home care at public expense;
(2) Respite services reduce family and caregiver stress, enhance family and caregiver coping ability, and strengthen family and caregiver ability to meet the challenging demands of caring for family members;
(3) Respite services reduce the risk of abuse and neglect of children, senior citizens, and other vulnerable groups; and
(4) Coordinated, noncategorical respite services must be available locally to provide reliable respite services when needed by families and caregivers regardless of where they live in Nebraska.
Source
Laws 1999, LB 148, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1521 - Terms, defined.

68-1521.
Terms, defined.
For purposes of sections 68-1520 to 68-1528:
(1) Caregiver means an individual providing ongoing care for an individual unable to care for himself or herself;
(2) Community lifespan respite services program means a noncategorical respite services program that:
(a) Is operated by a community-based private nonprofit or for-profit agency or a public agency that provides respite services;
(b) Receives funding through the Nebraska Lifespan Respite Services Program established under section 68-1522;
(c) Serves an area in one or more of the six regional services areas of the department;
(d) Acts as a single local source for respite services information and referral; and
(e) Facilitates access to local respite services;
(3) Department means the Department of Health and Human Services;
(4) Noncategorical care means care without regard to the age, type of special needs, or other status of the individual receiving care;
(5) Provider means an individual or agency selected by a family or caregiver to provide respite services to an individual with special needs;
(6) Respite care means the provision of short-term relief to primary caregivers from the demands of ongoing care for an individual with special needs; and
(7) Respite services includes:
(a) Recruiting and screening of paid and unpaid respite care providers;
(b) Identifying local training resources and organizing training opportunities for respite care providers;
(c) Matching of families and caregivers with providers and other types of respite care;
(d) Linking families and caregivers with payment resources;
(e) Identifying, coordinating, and developing community resources for respite services;
(f) Quality assurance and evaluation; and
(g) Assisting families and caregivers to identify respite care needs and resources.
Source
Laws 1999, LB 148, § 2;
Laws 2006, LB 994, § 74;
Laws 2007, LB296, § 288.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1522 - Nebraska Lifespan Respite Services Program; established.

68-1522.
Nebraska Lifespan Respite Services Program; established.
The department shall establish the Nebraska Lifespan Respite Services Program to develop and encourage statewide coordination of respite services and to work with community-based private nonprofit or for-profit agencies, public agencies, and interested citizen groups in the establishment of community lifespan respite services programs. The Nebraska Lifespan Respite Services Program shall:
(1) Provide policy and program development support, including, but not limited to, data collection and outcome measures;
(2) Identify and promote resolution of local and state-level policy concerns;
(3) Provide technical assistance to community lifespan respite services programs;
(4) Develop and distribute respite services information;
(5) Promote the exchange of information and coordination among state and local governments, community lifespan respite services programs, agencies serving individuals unable to care for themselves, families, and respite care advocates to encourage efficient provision of respite services and reduce duplication of effort;
(6) Ensure statewide access to community lifespan respite services programs; and
(7) Monitor and evaluate implementation of community lifespan respite services programs.
Source
Laws 1999, LB 148, § 3;
Laws 2006, LB 994, § 75;
Laws 2007, LB296, § 289.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1523 - Program; administration.

68-1523.
Program; administration.
(1) The department, through the Nebraska Lifespan Respite Services Program, shall coordinate the establishment of community lifespan respite services programs. The program shall accept proposals submitted in the form and manner required by the program from community-based private nonprofit or for-profit agencies or public agencies that provide respite services to operate community lifespan respite services programs. According to criteria established by the department, the Nebraska Lifespan Respite Services Program shall designate and fund agencies described in this section to operate community lifespan respite services programs.
(2) The department shall create the position of program specialist for the Nebraska Lifespan Respite Services Program to administer the program.
Source
Laws 1999, LB 148, § 4;
Laws 2006, LB 994, § 76;
Laws 2007, LB296, § 290.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1524 - Program; requirements.

68-1524.
Program; requirements.
Each community lifespan respite services program established pursuant to section 68-1523 shall:
(1) Involve key local individuals and agencies in the community lifespan respite services program planning process; and
(2) Create an advisory committee to advise the community lifespan respite services program on how the program may best serve the needs of families and caregivers of individuals unable to care for themselves. Other members shall include respite services providers, representatives of local service agencies, consumers, and other community representatives. Committee membership shall represent senior citizens, individuals with special needs, and families at risk of abuse and neglect.
Source
Laws 1999, LB 148, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1525 - Services; requirements.

68-1525.
Services; requirements.
Respite services made available through the Nebraska Lifespan Respite Services Program shall:
(1) Include a flexible array of respite care options responsive to family and caregiver needs and available before families and caregivers are in a crisis;
(2) Be sensitive to the unique needs, strengths, and cultural values of an individual, family, or caregiver;
(3) Offer the most efficient access to an array of coordinated respite services that are built on existing community support and services;
(4) Be driven by community strengths, needs, and resources; and
(5) Use a variety of funds and resources, including, but not limited to:
(a) Family or caregiver funds;
(b) Private and volunteer resources;
(c) Public funds; and
(d) Exchange of care among families or caregivers.
Source
Laws 1999, LB 148, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1526 - Rules and regulations.

68-1526.
Rules and regulations.
The department shall adopt and promulgate rules and regulations for the operation and administration of the Nebraska Lifespan Respite Services Program, including, but not limited to:
(1) Criteria, procedures, and timelines for designation of the community-based private nonprofit or for-profit agencies or public agencies that will receive funding to provide respite services under community lifespan respite services programs;
(2) A requirement that each community lifespan respite services program publicize the telephone number and address where families and caregivers may contact the program; and
(3) Procedures and guidelines for determining priorities, eligibility standards, and eligibility criteria for the selection of caregivers to participate in programs funded under the Nebraska Lifespan Respite Services Program.
Source
Laws 1999, LB 148, § 7;
Laws 2001, LB 692, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1528 - Use of funds.

68-1528.
Use of funds.
The Nebraska Lifespan Respite Services Program may use the funds appropriated to the program for the following purposes:
(1) The purposes established in sections 68-1522 and 68-1523;
(2) Costs related to developing provider recruitment and training, information and referral, outreach, and other components of the provision of respite services;
(3) One-time-only startup costs related to the establishment of the community lifespan respite services program; and
(4) Minimum administrative costs for operating the Nebraska Lifespan Respite Services Program.
Source
Laws 1999, LB 148, § 9.