Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-002 - Definitions

Current through June 17, 2024
Adult day service (ADS
) means a person or any
				  legal entity which provides care and an array of social, medical, or other
				  support services for a period of less than 24 consecutive hours in a
				  community-based program to four or more persons who require or request such
				  services due to age or functional impairment.
Account
means the separate account created by an
				  Account Agreement entered into between each Participant and the Participating
				  Financial Institution. Unless otherwise allowed by the Code and Act, each
				  Account shall have one Participant.
Activities of Daily Living
means eating,
				  mobility, toileting, transferring, bathing, dressing, and continence.
Act
means the Long-Term Care Savings Plan
				  Act.
Attendant Services
means services provided to
				  non-medically fragile persons, including hands-on assistance with activities of
				  daily living, transfer, grooming, medication, reminders, and similar
				  activities.
Assistive Technology and Supports (ATS)
means
				  specialized medical equipment and supplies which include devices, controls, or
				  appliances which enable a Participant to increase their abilities to perform
				  Multiple Basic Life Functions independently or to perceive, control or
				  communicate with the environment in which they live.
Basic Therapeutic Care
means basic health care
				  procedures including but not limited to measuring vital signs, applying hot and
				  cold applications and non-sterile dressings, and assisting with, but not
				  administering internal and external medications which are normally
				  self-administered. Basic therapeutic care does not include health care
				  procedures which require exercise of nursing or medical judgment.
Beneficiary
means an individual designated by a
				  Participant, or one who is designated as the new Beneficiary when Beneficiaries
				  are changed.
Care
means the exercise of concern or
				  responsibility for the comfort, welfare and habilitation of persons, including
				  a minimum amount of supervision and assistance with or the provision of
				  Personal Care or Services, Activities of Daily Living, Health Maintenance
				  Activities, or other supportive services.
Cash
means lawful United States Currency and
				  shall include but not be limited to cash, checks (other than travelers checks),
				  money orders, payroll deductions, automatic contribution plans and electronic
				  funds transfers, or similar means of payment accepted by the Participating
				  Financial Institution. Cash shall not include real or non-cash personal
				  property.
Code
means the present Internal Revenue Code and
				  regulations of the United States.
Health Maintenance Activities
means noncomplex
				  interventions which can safely be performed according to exact directions,
				  which do not require alteration of the standard procedure, and for which the
				  results and Participant's responses are predictable.
Home
means a Participant's permanent or
				  temporary residence, other than a hospital or Long-Term Care Facility.
Home Health Services
means the use of a trained,
				  supervised agency employee to provide nursing care and other Therapeutic
				  Services.
Home Modifications
means physical adaptations
				  necessary for the Participant to remain in their Home. They may include but are
				  not limited to, the installation of ramps and grab bars; widening of doorways;
				  modification of bathroom facilities, or installation of specialized electric
				  and plumbing systems which are necessary to support assistive equipment.
In-Home Services
means the use of a trained,
				  supervised agency employee or an individual (whom the Participant is able to
				  self-direct) to assist the Participant to perform Multiple Basic Life
				  Functions.
In-Home Personal Services Agency
means an entity
				  that provides in-home personal services for compensation by employees of the
				  agency or by persons with whom the agency has contracted to provide such
				  services.
In-Home Personal Services
means attendant
				  services and homemaker services that do not require the exercise of medical or
				  nursing judgment provided to a Participant in their residence to enable them to
				  remain safe and comfortable in such residence.
Long-Term Care Facility
means an assisted-living
				  facility, long-term care hospital, a nursing facility, rehabilitation hospital,
				  centers for the developmentally disabled, mental health centers, skilled
				  nursing facility which is licensed provider by the Nebraska Department of
				  Health and Human Services or similar state licensing agency.
Long-Term Care Expense
means the cost of the
				  care provided in a Long-Term Care Facility and Long-Term Care Services or
				  Personal Services which are provided in a Participant's Home when the
				  Participant receiving the Care or Personal Services is unable to perform
				  Multiple Basic Life Functions.
Long-Term Care Services
means Adult Day
				  Services, Respite Care Services, Hospice Services, Home Health Services,
				  In-Home Services, and In-Home Personal Services.
Medical necessity
is generally considered that
				  which is reasonable, necessary or appropriate based on evidence-based clinical
				  standards of care.
Multiple Basic Life Functions
means Activities
				  of Daily Living, Health Maintenance Activities and Personal Care or
				  Services.
Participating Financial Institution
means a
				  state-chartered or federally chartered bank, savings bank, building and loan
				  association, savings and loan association, credit union or a subsidiary of such
				  a bank, association or credit union, that is in good standing with applicable
				  regulatory authorities and not in receivership who has a Participation
				  Agreement for Financial Institutions on file with the Nebraska State
				  Treasurer.
Personal Care or Services
means bathing hair
				  care, nail care, shaving, dressing, oral care, and similar activities.
Therapeutic Services
means any of the following
				  services provided under a physician's plan of care at the Participant's Home on
				  a full-time, part-time, or intermittent basis: skilled nursing care; physical
				  therapy; speech pathology; occupational therapy; respiratory care; home health
				  aide service; social work service; intravenous therapy; and
				  dialysis.