reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 6 - RELEASE OF MEDICAL HISTORY, ORIGINAL BIRTH CERTIFICATE, AND RELATIVE'S INFORMATION FOLLOWING THE ADOPTION OF A NEBRASKA BORN PERSON › Section 174-6-006 - SCHEDULE OF FEES

Current through June 17, 2024
The following fees apply to this chapter.
(A) For each search of the files the fee as
				provided in Neb. Rev. Stat. §
									71-612;
(B) For each certified copy of a birth
				certificate an additional fee of $1; and
(C) For each request by an heir of an adopted
				person for original birth information on the adopted person a fee of $100. This
				fee includes review of the request, correspondence with the heir, and up to
				four hours of research to link documents. If more than four hours of research
				time is required, a fee of $25 for each additional hour or partial hour will be
				charged.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 7 - DEATH, MARRIAGE, AND DISSOLUTION OF MARRIAGE › Section 174-7-001 - SCOPE

Current through June 17, 2024
These regulations implement the provisions of Nebraska
				  Revised Statutes (Neb. Rev. Stat.) §§
									71-602,
				  71-603, and
				  71-605 for the registration of
				  deaths, marriages, and dissolutions of marriage that occurred in
				  Nebraska.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 7 - DEATH, MARRIAGE, AND DISSOLUTION OF MARRIAGE › Section 174-7-002 - REQUIREMENT FOR REGISTRATION OF DEATH

Current through June 17, 2024
When a death occurs in Nebraska, a Certificate of Death
				  Registration Form, provided by the Department, must be filed with the
				  Department pursuant to requirements of Neb. Rev. Stat. §
									71-605. The Department may refuse
				  to accept for filing of a Death Registration Form that is
				  incomplete.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 7 - DEATH, MARRIAGE, AND DISSOLUTION OF MARRIAGE › Section 174-7-003 - FOR REGISTRATION OF MARRIAGE

Current through June 17, 2024
When a marriage occurs in Nebraska, a Certificate of Marriage
				  Registration Form, provided by the Department, must be filed with the
				  Department pursuant to the requirements of Neb. Rev. Stat. §
									71-602. The Department may refuse
				  to accept for filing of a Marriage Registration Form that is
				  incomplete.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 7 - DEATH, MARRIAGE, AND DISSOLUTION OF MARRIAGE › Section 174-7-004 - REQUIREMENT FOR REGISTRATION OF DISSOLUTION OF MARRIAGE

Current through June 17, 2024
When a dissolution of marriage occurs in Nebraska, a
				  Certificate of Dissolution of Marriage Registration Form, provided by the
				  Department, must be filed with the Department pursuant to requirements of Neb.
				  Rev. Stat. §
									71-602. The Department may refuse
				  to accept for filing of a dissolution of Marriage Registration Form that is
				  incomplete.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 8 - REPORT OF INDUCED ABORTION, CONTINUING PREGNANCY AFTER MIFEPRISTONE, FETAL DEATH, AND STILLBIRTH › Section 174-8-001 - SCOPE

Current through June 17, 2024
These regulations implement the provisions of Nebraska
				  Revised Statutes (Neb. Rev. Stats.) §§
									28-327.01,
				  28-343 through
				  28-345,
				  71-602,
				  71-603, and
				  71-606 for reporting induced
				  abortions, continuing pregnancy after taking Mifepristone, and the registration
				  of the fetal deaths and stillbirths that occurred in
				  Nebraska.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 8 - REPORT OF INDUCED ABORTION, CONTINUING PREGNANCY AFTER MIFEPRISTONE, FETAL DEATH, AND STILLBIRTH › Section 174-8-002 - REQUIREMENT FOR INDUCED ABORTION REPORTING

Current through June 17, 2024
When an induced abortion occurs in Nebraska, an Induced
				  Abortion Reporting Form, provided by the Department, must be filed with the
				  Department pursuant to the requirements of Neb. Rev. Stat. §§
									28-343 through 28345. The
				  Department may refuse to accept the Report of Induced Reporting that is
				  incomplete.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 8 - REPORT OF INDUCED ABORTION, CONTINUING PREGNANCY AFTER MIFEPRISTONE, FETAL DEATH, AND STILLBIRTH › Section 174-8-003 - REQUIREMENT FOR CONTINUING PREGNANCY AFTER TAKING MIFEPRISTONE REPORTING

Current through June 17, 2024
When pregnancy is continued after taking Mifepristone, a
				  Report for Continuing Pregnancy After Taking Mifepristone, provided by the
				  Department, must be filed with the Department pursuant to the requirements of
				  Neb. Rev. Stat. §
									28-327.01. The Department may
				  refuse to accept a Report for Continuing Pregnancy After Taking Mifepristone
				  that is incomplete.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 8 - REPORT OF INDUCED ABORTION, CONTINUING PREGNANCY AFTER MIFEPRISTONE, FETAL DEATH, AND STILLBIRTH › Section 174-8-004 - REQUIREMENT FOR REGISTRATION OF FETAL DEATH AND STILLBRITH

Current through June 17, 2024
When a fetal death occurs in Nebraska, a Certificate of Fetal
				  Death Registration Form, provided by the Department, must be filed with the
				  Department pursuant to requirements of Neb. Rev. Stat. § 71606. The
				  Department may refuse to accept a Fetal Death Registration Form that is
				  incomplete.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 9 - ORIGINAL AND DELAYED BIRTH CERTIFICATES › Section 174-9-001 - SCOPE

Current through June 17, 2024
These regulations apply to the registration of the birth of
				  newborn infants (as provided in Neb. Rev. Stat. §
									71-604) , for those persons who
				  were born in Nebraska but whose births were not registered pursuant to Neb.
				  Rev. Stat. §
									71-604 (as provided in Neb. Rev.
				  Stat. §§
									71-617.01 to
				  71-617.15) , and for amending such
				  records (as provided in Neb. Rev. Stat. §§
									71-634 to
				  71-644) .
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 9 - ORIGINAL AND DELAYED BIRTH CERTIFICATES › Section 174-9-002 - DEFINITIONS

Current through June 17, 2024
Certificate of Delayed Birth Registration
				  Form
means the standard form prescribed by the Department for
				  registering births under the Delayed Birth Registration Act, a copy of which is
				  attached to these regulations as Attachment A and incorporated by this
				  reference.
Certificate of Live Birth Registration
				  Form
means the standard form prescribed by the Department for
				  registering live births occurring in this state, a copy of which is attached to
				  these regulations as Attachment B and incorporated by this reference.
Department
means the Nebraska
				  Department of Health and Human Services.
Director
means the Director of the
				  Division of Public Health of the Nebraska Department of Health and Human
				  Services or his or her designee.
Petition For The Issuance Of A Certificate Of
				  Delayed Birth Registration Form
means the standard form for an
				  action under Neb. Rev. Stat. §
									71-617.08, a copy of which is
				  Attachment C, incorporated in these regulations by this reference.
Order For The Issuance Of A Certificate Of
				  Delayed Birth Registration Form
means the standard form order for
				  use by a court to issue findings or orders under Neb. Rev. Stat. §
				  71617.11, a copy of which is Attachment D, incorporated in these regulations by
				  this reference.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 9 - ORIGINAL AND DELAYED BIRTH CERTIFICATES › Section 174-9-003 - REQUIREMENTS FOR REGISTRATION OF LIVE BIRTH

Current through June 17, 2024
Within five business days of a live birth that occurs in
				  Nebraska, a Certificate of Live Birth Registration Form must be filed with the
				  Department or, for a birth in Douglas or Lancaster County, with the appropriate
				  county health department, which within ten business days of the birth must file
				  such certificate with the Department.
9-003.01 The Department may refuse to accept
				for filing a Certificate of Live Birth Registration Form that is incomplete,
				unless such form is accompanied by a disclosure or a satisfactory accounting
				for any omission.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 9 - ORIGINAL AND DELAYED BIRTH CERTIFICATES › Section 174-9-004 - CERTIFICATES OF DELAYED BIRTH REGISTRATION

Current through June 17, 2024
Any birth registered under the Delayed Birth Registration Act
				  shall be registered on a Certificate of Delayed Birth Registration Form, after
				  submission of an application and all statutorily-required information.
9-004.01 The Department in its discretion
				may, instead of immediately denying a deficient application for a Certificate
				of Delayed Birth Registration, allow the applicant an opportunity to cure the
				deficiency or deficiencies. The Department will dismiss any application that
				has not been cured within one year of filing with the Department.
9-004.02 If the application is dismissed, the
				application fee will be returned by the Department to the applicant.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 174 - VITAL RECORDS › Chapter 9 - ORIGINAL AND DELAYED BIRTH CERTIFICATES › Section 174-9-005 - APPEALS

Current through June 17, 2024
Department actions taken under this Chapter and the related
				  statutes may be appealed in accordance with the appropriate procedures
				  prescribed in those statutes and by 184 NAC 1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern credentials issued to health care
				  facilities and health care services set out in Nebraska Revised Statute (Neb.
				  Rev. Stat.) §
									71-401 to §
									71-475, except for assisted-living
				  facilities and pharmacies.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
For all applications for initial licensure, renewal and
				  reinstatement, an applicant or licensee must submit documentation that the
				  applicant or licensee meets the requirements set out in the Neb. Rev. Stat.
				  §§
									4-108 through
				  4-111. No applicant or licensee may
				  initiate construction of a facility or service prior to obtaining written
				  approval from the Department to begin the construction process and may not
				  utilize a facility or service for the consumer prior to obtaining written
				  approval from the Department after the conclusion of the construction process
				  and obtaining any required license.
003.01
INITIAL
				LICENSE.
Applicants must submit a complete application provided by
				the Department, meet all requirements of the statutes, of this chapter, and the
				chapter in 175 Nebraska Administrative Code (NAC) for the type of license being
				requested. An applicant for an initial facility or service license must comply
				with all applicable codes, guidelines, and standards specified in regulations
				pertaining to each specific individual facility or service type.
003.02
INITIAL APPLICATION
				REQUIREMENTS AND DOCUMENTATION.
The applicant must submit:
(A) Schematic plans;
(B) Documentation approving occupancy and
				operation issued by the State Fire Marshal or the State Fire Marshal's
				delegated authority;
(C) Current
				proof of registration and status with the Nebraska Secretary of State Office if
				operated by a foreign corporate entity;
(D) Current zoning permit; and
(E) For facilities or services completing
				construction only:
(i) Architect or engineer
				certification and a detailed project description; and
(ii) A completion certificate; or
(F) For facilities or services
				having no construction or structural changes:
(i) Operational permit issued by the local
				building authority; or
(ii) Signed
				and dated statement that the building is structurally safe for use and
				occupancy from a Nebraska licensed architect or engineer.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-004 - INSPECTIONS

Current through June 17, 2024
To determine compliance with operational care, treatment and
				  physical plant standards, the Department inspects the facility or service prior
				  to and following licensure.
004.01
INITIAL INSPECTION.
An announced initial onsite
				inspection will be conducted after receipt of a completed application for an
				initial license.
004.02
COMPLIANCE INSPECTION.
An unannounced inspection may
				be conducted of the facility or service anytime the Department deems necessary,
				including, the passage of 5 years without an inspection.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
These requirements pertain to all applicants and licensees
				  governed by Neb. Rev. Stat. §§
									71-401 to
				  71-475.
005.01
NOTIFICATIONS.
An applicant or licensee must notify
				the Department electronically, in writing, or via facsimile of the following:
(A) At least 30 calendar days before a
				facility or service is sold, leased, discontinued, or moved to a new
				location;
(B) A change in the use,
				location of beds, or both;
(C) At
				least 30 calendar days prior to the date the facility or service would like to:
(i) Increase the number of beds for which the
				facility or service is currently licensed;
(ii) Change the usage of beds or rooms;
				or
(iii) Change the type of
				services provided;
(D)
				To request a single license document;
(E) To request simultaneous facility or
				service licensure inspections for all types of licensure held or
				sought;
(F) Prior to the start of
				the construction process if a facility is having construction done;
				and
(G) Within 24 hours of the
				following:
(i) When the licensee has reason to
				believe abuse, neglect or exploitation of a consumer has occurred;
(ii) When the death of a consumer at the
				facility or service occurred due to:
(1)
				Suicide;
(2) A violent
				act;
(3) Drowning; or
(4) The use of restraint or seclusion;
				and
(iii) When a
				consumer who needs supervision, leaves a facility or service without staff
				knowledge.
(iv) A fire in the
				facility or service; or
(v) Any
				natural disaster or accident resulting in damage to the physical plant which
				has a direct or immediate effect on a consumer in the facility or service.
				Notification must include the steps included to assure the consumer's
				safety.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-006 - CONSTRUCTION

Current through June 17, 2024
The applicant or licensee is responsible to ensure that the
				  facility or service is designed, constructed and maintained in a manner that is
				  safe and functional for the care and treatment provided. The applicant or
				  licensee must comply with all current applicable Building, Plumbing,
				  Electrical, Elevator, Boiler, Energy, Food, and Accessibility statutory codes
				  and standards, and all new construction must be designed in accordance with the
				  requirements in Neb. Rev. Stat. §
									71-439 for the type of facility or
				  service being designed. The applicant or licensee must:
(A) Ensure the facility or service is
				designed and completed in accordance with the Nebraska Architect and Engineers
				Act;
(B) Submit the following to
				the Department, prior to the start of construction:
(i) Project description documentation
				including the purpose and use of the area, street address, contact persons and
				anticipated completion date;
(ii)
				Construction risk assessment (if the construction will take place in an area
				currently occupied or used by the consumer) outlining and identifying the plan
				to ensure the area is safe for the consumer during the construction
				process;
(iii) Certification from a
				Nebraska licensed architect or engineer that the schematic plans, construction
				plans and any revisions thereof meet the regulatory requirements for that
				specific facility or service type; and
(iv) Completion certificate containing the
				following:
(1) Name, signature and license
				number of a Nebraska licensed architect or engineer;
(2) Name and address of the facility or
				service;
(3) Documentation of an
				inspection completed by qualified inspectors having jurisdiction;
(4) Occupancy approval by the State Fire
				Marshal's office or delegated authority; and
(5) Bed Capacity Worksheet, if applicable to
				the type of facility or service.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-007 - PHYSICAL PLANT

Current through June 17, 2024
A licensee must maintain the facility or service it operates
				  in a manner that is safe, clean and functional for the type of care and
				  treatment provided to the consumer.
007.01
SHARING
				SPACE.
A licensee may share physical space with another licensed
				or unlicensed entity when:
(A) Spaces are
				clearly identified so the consumer or his or her designee is aware of the
				specific licensed facility or service where they are receiving care and
				treatment;
(B) Medical records;
				staffing and administration is clearly separated and not shared by the other
				entities; and
(C) The facilities or
				services are not sharing the same space for care and treatment for the consumer
				at the same time.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-008 - RECORDKEEPING

Current through June 17, 2024
The licensee must maintain complete and accurate records
				  which document the operation of the facility or service and the care and
				  treatment provided to the consumer. Records may be created and maintained in
				  written or electronic format, or a combination of both. Records must:
(A) Contain dated, legible and indelible
				entries;
(B) Ensure entries are
				dated, timed, and signed by the author;
(C) Be readily accessible, easily
				retrievable, and systematically organized;
(D) Be transferred to another facility or
				service, if the consumer is transferred, to assure continuity of
				care;
(E) Contain the following:
(i) Identification data, including name, date
				of birth, gender;
(ii) Physical
				description of the consumer and or a photograph;
(iii) A signed Service Agreement or Consent
				to Treatment;
(iv)
				Allergies;
(v) Plan of care and
				treatment;
(vi) Advanced
				directives, if available;
(vii)
				Dates of admission and discharge, including transfer information and a
				discharge summary, as applicable;
(viii) Medical practitioner's orders, when
				applicable;
(ix) Name and contact
				information of the medical practitioner;
(x) Emergency contact information;
(xi) An assessment to determine the mental,
				physical and psychological ability of the consumer to protect themselves from
				injury;
(xii) Documentation of all
				diagnoses, care and treatment provided, and the results or response;
				and
(xiii) Documentation of
				education of rights for the consumer.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 1 - GENERAL FACILITY AND SERVICES REGULATIONS › Section 175-1-009 - ENVIRONMENTAL SERVICES

Current through June 17, 2024
Every building or space utilized for the care and treatment
				  of the consumer must comply with the following:
009.01
HOUSEKEEPING.
Housekeeping services to protect the health and safety of the consumer in
				accordance with acceptable standards of practice and manufacturer's
				instructions must be provided, including the following:
(A) Spaces must be constructed utilizing
				smooth, washable materials and maintained in a clean condition. Abrasive
				surfaces may be used to reduce or prevent accidents where wet or slippery
				surfaces present a hazard;
(B)
				Equipment, fixtures, furniture and furnishings, including windows, draperies,
				curtains, flooring, and carpeting must be kept clean and free of
				contaminants;
(C) All garbage must
				be disposed of to prevent the attraction of vermin, to minimize odors and the
				potential transmission of diseases;
(D) Cleaning equipment and supplies must be
				available; and
(E) Hazardous
				materials must be secured to prevent accidental or intentional ingestion,
				inhalation, or consumption by the consumer.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 3 - REGULATIONS GOVERNING CENTERS FOR THE DEVELOPMENTALLY DISABLED › Section 175-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the licensing of Centers for the
				  Developmentally Disabled facilities under the Health Care Facility Licensure
				  Act, Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									71-401 to
				  71-475.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 3 - REGULATIONS GOVERNING CENTERS FOR THE DEVELOPMENTALLY DISABLED › Section 175-3-002 - DEFINITIONS

Current through June 17, 2024
Definitions set in the Health Care Facility Licensure Act,
				  175 Nebraska Administrative Code (NAC) 1, and the following apply to this
				  chapter.
002.01
GROUP
				RESIDENCE.
Any group of rooms located within a building or
				structure forming a habitable unit with living, sleeping, cooking, and eating
				facilities for four (4) or more, developmentally disabled persons, operated by
				the same or identical lessee, owner, or management is a group
				residence.
002.02
AMBULATORY.
The ability to walk without assistance is
				ambulatory.
002.03
BARRIER.
A circumstance or obstacle that prevents a
				client from making progress toward their goals is a barrier.
002.04
HABILITATION.
A process aimed at helping disabled people attain, keep or improve skills and
				functioning for daily living is habilitation.
002.05
NON-AMBULATORY.
Inability to walk without assistance
				is non-ambulatory.
002.06
USABLE FLOOR AREA.
The floor area in a room exclusive
				of space used for entrance, vestibules, closets, toilet areas, and bathing
				areas is usable floor area.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 3 - REGULATIONS GOVERNING CENTERS FOR THE DEVELOPMENTALLY DISABLED › Section 175-3-003 - LICENSING

Current through June 17, 2024
To receive a license, an applicant must submit a complete
				  application and meet the requirements for a license set out in the Health Care
				  Facility Licensure Act, 175 NAC 1, and this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 3 - REGULATIONS GOVERNING CENTERS FOR THE DEVELOPMENTALLY DISABLED › Section 175-3-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all
				  licenses.
004.01
EFFECTIVE
				DATES AND TERM OF LICENSE.
The license of a Center for the
				Developmentally Disabled expires annually on November 30.
004.02
INITIAL LICENSURE AND
				RENEWAL FEES.
Initial licensure and renewal fees for Centers for
				the Developmentally Disabled are $150.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 3 - REGULATIONS GOVERNING CENTERS FOR THE DEVELOPMENTALLY DISABLED › Section 175-3-007 - STANDARDS OF OPERATION, CARE, AND TREATMENT

Current through June 17, 2024
A Center for the Developmentally Disabled must be organized,
				  managed, and administered by the licensee to ensure each client receiving
				  services at the facility received necessary care and treatment in a safe
				  manner, in accordance with current standards of practice, and in accordance
				  with the Health Care Facility Licensure Act, 175 NAC 1, and this
				  chapter.
007.01
ADMINISTRATION.
The licensee may be the administrator
				or may appoint a person to be the administrator. If the administrator is not
				the licensee, the administrator is directly responsible to the licensee in all
				matters related to the maintenance, operation, and management of the facility.
				The administrator is the contact person for the facility. The licensee's
				responsibilities include:
(A) Designating a
				house manager in writing;
(B) Being
				available or ensuring the administrator is available to the house manager at
				all times;
(C) Ensuring the health,
				safety and protection of clients residing at the facility;
(D) Maintaining compliance with all
				applicable state statutes, codes, rules and regulations;
(E) Notifying the Department in writing
				within 5 working days when:
(i) A vacancy in
				the administrator position occurs including the name of who will be responsible
				for the position until another administrator is appointed; and
(ii) A vacancy in the administrator position
				is filled including the effective date and name of person appointed to that
				position; and
(F)
				Establishing, implementing and revising as necessary, written policies and
				procedures governing the facility operations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 4 - ASSISTED LIVING FACILITIES › Section 175-4-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of assisted-living
				  facilities. The regulations are authorized by and implement the Assisted-Living
				  Facility Act,
Neb. Rev. Stat
. §§
									71-5901
				  to
				  71-5908 and
				  the Health Care Facility Licensure Act,
Neb. Rev.
				  Stat.
§§
									71-401
				  to
				  71-459.
001.01 Assisted-living facility does not
				include a home, apartment, or facility where:
1. Casual care is provided at irregular
				intervals; or
2. A competent person
				residing in such home, apartment or facility provides for or contracts for his
				or her own personal or professional services if no more than 25% of persons
				residing in such home, apartment or facility receive such services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 4 - ASSISTED LIVING FACILITIES › Section 175-4-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01 Separate
				License
An applicant must obtain a separate license for each type of
				  health care facility or health care service that the applicant seeks to
				  operate. All buildings in which care and treatment is provided must comply with
				  175 NAC
				  4-006 and if applicable, 175 NAC
				  4-007. A single license may be issued
				  for:
1. An assisted-living facility
				operating in separate buildings or structures on the same premises under one
				management;
2. An inpatient
				facility that provides services on an outpatient basis at multiple locations;
				or
3. A health clinic operating
				satellite clinics on a intermittent basis within a portion of the total
				geographic area served by such health clinic and sharing administration with
				such clinics.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 4 - ASSISTED LIVING FACILITIES › Section 175-4-006 - STANDARDS OF OPERATION, CARE AND TREATMENT

Current through June 17, 2024
To provide adequate protection to assisted-living residents
				  and compliance with state statutes, an assisted-living facility must meet the
				  following:
006.01 Licensee
				Responsibilities
The licensee of each assisted-living facility must assume
				  the responsibility for the total operation of the facility. The licensee
				  responsibilities include:
1.
				Monitoring policies to assure the appropriate administration and management of
				the assisted-living facility;
2.
				Maintaining the assisted-living facility's compliance with all applicable state
				statutes and relevant rules and regulations;
3. Providing quality care to residents
				whether care is furnished by assisted-living facility staff or through contract
				with the facility;
4. Designating
				an administrator who is responsible for the day to day management of the
				assisted-living facility and defining the duties and responsibilities of the
				administrator in writing;
5.
				Notifying the Department in writing within five working days when a vacancy in
				the administrator position occurs including who will be designated as the
				administrator until another administrator is appointed;
6. Notifying the Department in writing within
				five working days when the vacancy is filled including effective date and name
				of person appointed administrator; and
7. Assuring that after January 1, 2005, any
				person designated as administrator of the assisted-living facility meets the
				initial training requirements specified in 175 NAC
				4-006.02A within
				the first six months of employment as the administrator.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 4 - ASSISTED LIVING FACILITIES › Section 175-4-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
Assisted-living facilities must be designed, constructed and
				  maintained in a manner that is safe, clean, and functional for the type of care
				  and treatment to be provided. The physical plant standards for assisted-living
				  facilities, which include support services, care and treatment areas,
				  construction standards, building systems and waivers, are set forth
				  below.
007.01 Support Areas
The assisted-living facility may share the following support
				  service areas among detached structures, care and treatment areas, or with
				  other licensed facilities.
4-007.01A
Dietary:
If food preparation is provided on site, the
				assisted-living facility must dedicate space and equipment for the preparation
				of meals. Food service physical environment and equipment must comply with the
				Food Code. Locations providing food services for 16 or fewer residents, or used
				only for training or activity purposes, must comply with the Food Code, except
				that:
1. Instead of a three compartment food
				preparation and handwashing sink, a two-compartment sink may used for clean-up,
				dishwashing, and handwashing;
2.
				Instead of a final rinse cycle temperature of not less than 160 degrees
				Fahrenheit, an automatic dishwasher may have a final rinse cycle temperature
				not less than 150 degrees Fahrenheit;
3. Instead of storage space for food items
				and cooking and serving utensils no less than six inches above the floor, such
				space may be no less than four inches above the floor; and
4. Service sink and indirect waste plumbing
				connections are optional.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 4 - ASSISTED LIVING FACILITIES › Section 175-4-008 - DENIAL, REFUSAL TO RENEW, OR DISCIPLINARY ACTION

Current through June 17, 2024
008.01 Grounds for
				Denial, Refusal to Renew, or Disciplinary Action
4-008.01A The Department may deny or refuse
				to renew an assisted-living facility license for failure to meet the
				requirements for licensure, including:
1.
				Failing an inspection specified in 175 NAC
				4-005;
2. Having had a license revoked within the
				two-year period preceding an application; or
3. Any of the grounds specified in 175 NAC
				4-008.01B.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensing of adult day services
				  under the Health Care Facility Licensure Act, Nebraska Revised Statutes (Neb.
				  Rev. Stat.) §§
									71-401 to
				  71-475. These regulations do not
				  apply to adult day services provided in a licensed health care facility to
				  consumers of that licensed facility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
For all applications for initial licensure, renewal and
				  reinstatement, an applicant or licensee must meet all requirements at 175 NAC
				  1-003, must meet the setting requirements as shown below, and must include the
				  licensure fees as shown below.
003.01
ADULT DAY SERVICE SETTINGS.
Adult day services may be
				provided in the following settings:
003.01(A)
FREE-STANDING ADULT DAY SERVICE.
An adult day service
				license is required when 4 or more persons are receiving adult day services in
				a location that is not licensed as another type of health care
				facility.
003.01(B)
ADULT DAY SERVICE IN A LICENSED HEALTH CARE FACILITY.
A separate adult day service license is required when a licensed facility
				provides adult day services to 4 or more consumers who do not reside at the
				licensed health care facility. The adult day service must have separate
				identifiable space available for adult day service activities during the hours
				adult day services are provided.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all
				  licensees.
005.01
NOTIFICATIONS.
The licensee must:
(A) Meet notification requirements at 175 NAC
				1-005.01 (A), (D), (E), (F), (G)(i) through (G)(v); and
(B) Notify the Department in writing at least
				30 working days before the facility would like to increase their license
				capacity, would like a change in the building, would like a change in location,
				or would like a change in the usage of the building.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-006 - CONSTRUCTION

Current through June 17, 2024
In new construction, the licensee must:
(A) Provide a conveniently located sink for
				soaking and hand washing of laundry, when laundry services are provided on-site
				at the adult day service; and
(B)
				Locate toilet rooms no more than 40 feet from program and activity
				areas.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-007 - PHYSICAL PLANT

Current through June 17, 2024
When an adult day service is located in a licensed health
				  care facility or shares space with another entity, the licensee must ensure the
				  adult day service has a unique physical address to ensure mail is secured
				  against unauthorized access and must ensure a separate entrance to the adult
				  day service space to ensure verbal communications are protected against
				  unauthorized access. A licensee must maintain the facility it operates in a
				  manner that is safe, clean and functional and meets the requirements in this
				  chapter.
007.01
LINENS.
The licensee must provide a supply of clean
				linens and maintain all linens in good repair. The licensee must implement
				procedures for the storage and handling of soiled and clean linens.
007.02
DIETARY.
If
				food preparation is provided on site, there must be dedicated space and
				equipment for the preparation and serving of meals. Such food preparation,
				serving, physical environment, and equipment must comply with the Food
				Code.
007.03
DESIGNED
				AND EQUIPPED.
A site must be designed to meet the needs of
				consumers served. The licensee service must consider factors such as
				appropriate and sufficient space, accessibility, equipment, furnishings,
				lighting, noise control, room temperatures, and ventilation. The licensee must
				implement a written process for routine and preventative maintenance of
				equipment, fixtures and furnishings to assure each are safe for use by staff
				and consumers and function in accordance with manufacturer's
				recommendations.
007.04
LAUNDRY.
If laundry services are provided, these
				services may be provided by contract or on-site by the adult day service.
007.04(A)
CONTRACT.
If contractual laundry services are used, areas for soiled linen awaiting
				pickup and separate areas for storage and distribution of clean linen must be
				provided and used.
007.04(B)
ON-SITE.
If on-site laundry services are provided,
				areas dedicated to laundry that include a washer and dryer must be provided and
				used.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-008 - RECORDKEEPING

Current through June 17, 2024
When an adult day service is located in a licensed health
				  care facility or shares space with another entity, the licensee must ensure all
				  adult day service records are maintained at the unique physical address shown
				  on the active adult day service license and must prevent unauthorized access to
				  such records by other entities sharing the space.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-009 - ENVIRONMENTAL SERVICES

Current through June 17, 2024
The licensee must implement a written process for routine and
				  preventative maintenance of equipment and furnishings to ensure the equipment
				  and furnishings are safe and function to meet the intended
				  use.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 5 - ADULT DAY SERVICES › Section 175-5-010 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
All licensees must meet the following requirements.
010.01
LICENSEE.
The
				licensee is responsible for implementing written policies and procedures to
				ensure compliance with statutes and regulations as per 175 NAC 1, the Health
				Care Facility Licensure Act, and this chapter and is responsible for making
				such available to staff and consumers. The licensee's responsibilities include:
(A) Ensure all services are provided in
				accordance with accepted standards of practice and oversee the management and
				fiscal affairs of the adult day service;
(B) Ensure the quality of all care,
				treatment, and services provided to consumers, whether furnished by the adult
				day service staff or through contract with the adult day service;
(C) Ensuring consumers are provided with a
				stable and supportive environment, through respect for the rights of consumers
				and responsiveness to consumer needs;
(D) Ensuring that staff levels are sufficient
				to meet the consumers' needs;
(E)
				Monitoring policies and procedures to assure the appropriate administration and
				management of the adult day service;
(F) Designating an administrator who is
				responsible for the day to day management of the adult day service and defining
				the duties, qualifications and responsibilities of the administrator in
				writing;
(G) Establishing policies
				and procedures to implement its program description as described in 175 NAC
				5;
(H) Reviewing all elements of
				the program description as described in 175 NAC 5 at least annually and must
				include, in this review process, relevant findings from its quality assurance
				and improvement program for the purpose of improving consumer services and
				resolving problems in consumer care, treatment and services; and
(I) Ensuring maintenance of documentation to
				demonstrate compliance with statutes and regulations as per 175 NAC 1, the
				Health Care Facility Licensure Act, and this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensing of children's day health
				  services under the Health Care Facility Licensure Act, Nebraska Revised
				  Statutes (Neb. Rev. Stat.) §§
									71-401 to
				  71-476.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
To receive a license, an applicant or licensee must submit a
				  complete application and meet all requirements set out in statute, 175 NAC 1,
				  and in this chapter. An applicant for license must have an active license as a
				  child care provider, and a current Occupancy Permit from the State Fire Marshal
				  or their delegated authority. A licensee must only admit a consumer when the
				  licensee can meet the needs of the consumer through the provision of 1 or more
				  of the following services:
(A) Skilled
				nursing care;
(B) Mental health;
				or
(C) Rehabilitation.
003.01
INITIAL AND DUPLICATE
				LICENSE FEES.
The following fees apply:
(A) Initial license: $650
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-004 - INSPECTIONS

Current through June 17, 2024
The children's day health service must meet all inspection
				  requirements shown at 175 NAC 1, this chapter, and as required for active
				  licensure as a child care provider.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
The licensee must meet all requirements shown at 175 NAC
				  1-005.02 through 1-005.07 and the requirements shown below.
005.01
NOTIFICATIONS.
The children's day health service must:
(A) Meet notification requirements at 175 NAC
				1-005 (A), (C)(iii), (D), (E), (F), (G)(i) through (G)(v); and
(B) Notify the Department, in writing, at
				least 30 working days before the licensee would like to increase license
				capacity, would like to serve consumers dependent on life support equipment,
				would like a change in the building, or would like a change in the usage of the
				building.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-006 - CONSTRUCTION

Current through June 17, 2024
In new construction, the licensee must:
(A) Provide a conveniently located sink for
				soaking and hand washing of laundry when laundry services are provided on-site
				at the children's day health service;
(B) Ensure the door of a toilet, changing, or
				bathing room with less than 50 square feet of clear floor area and dedicated to
				consumer use must not swing inward;
(C) Ensure curtain layout must totally
				surround each care and treatment location which will not restrict access to the
				entrance to the room, lavatory, toilet, or enclosed storage
				facilities;
(D) Ensure electrical
				systems have ground fault circuit interrupter protected outlets in all wet
				areas and within 6 feet of all hand washing sinks;
(E) Ensure mechanical exhaust ventilation at
				a rate of 10 air exchanges per hour for windowless toilets, changing and
				bathing areas, laundry rooms, housekeeping rooms, and kitchens; and
(F) Ensure mechanical exhaust ventilation at
				a rate of 5 air exchanges per hour for care, treatment, and service
				areas.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-007 - PHYSICAL PLANT

Current through June 17, 2024
All buildings must be designed, constructed, and maintained
				  in a manner that is safe, clean and functional for the specialized care and
				  treatment provided. All buildings must comply with the Health Care Facility
				  Licensure Act, 175 NAC 1, this chapter, and the Nebraska State Fire Code and
				  Life Safety Code requirements. Each building must comply with the following
				  physical plant requirements.
007.01
DIETARY.
If food preparation is provided on site,
				there must be dedicate d space and equipment for the preparation and serving of
				meals. Such food preparation, serving, physical environment, and equipment must
				comply with the Food Code.
007.02
DINING AREAS.
Adequate space for dining,
				socialization, and leisure activities must be provided. Dining areas must:
(A) Have tables and chairs that meet the
				consumers' needs;
(B) Not be used
				for offices or as a corridor; and
(C) Be arranged so that all consumers are
				able to eat meals at an appropriate time by having:
(i) All consumers eat at the same
				time;
(ii) Consumers eat in
				different shifts; or
(iii) Open
				times for consumers meals.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-008 - RECORDKEEPING

Current through June 17, 2024
The licensee must meet all recordkeeping requirements under
				  the Health Care Licensure Act, 175 NAC 1 and this chapter. The licensee, when
				  sharing space with another entity, must ensure the children's day health
				  service has a unique physical address to ensure mail is secured against
				  unauthorized access and must ensure a separate entrance to the children's day
				  health service space to ensure verbal communications are protected against
				  unauthorized access.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 6 - CHILDREN'S DAY HEALTH SERVICE › Section 175-6-009 - ENVIRONMENTAL SERVICES

Current through June 17, 2024
The licensee must have a written process for performing
				  routine and preventative maintenance on equipment and furnishings to ensure
				  equipment and furnishings are safe and function to meet the intended
				  use.