reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-006 - ASSETS ASSESSMENT

Current through June 17, 2024
The individual must participate in agency or vendor-provided
				  assessment(s) designed to provide a framework for self-sufficiency planning.
				  The purpose of assessment is to gather and organize information about the
				  individual's skills, aptitudes, strengths, barriers, interests and family
				  circumstances. Assessment must be conducted when a participant's circumstances
				  change, when he or she is not able to continue forward movement in his or her
				  Self-Sufficiency Contract activities, or at any time the Department or the
				  participant determines it is necessary. The purpose of the assessment is
				  to:
(A) Identify individuals who may
				be exempt;
(B) Assign participants
				to work activities based upon their level of employability and work interests;
				and
(C) Identify barriers to
				participation and work.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-007 - SELF-SUFFICIENCY CONTRACT

Current through June 17, 2024
Based on the results of assessment, the Department and the
				  individual will develop a Self-Sufficiency Contract that includes an
				  individualized Service Plan. The Self-Sufficiency Contract should stress urgent
				  action toward economic self-sufficiency. The Self-Sufficiency Contract will
				  identify the goals to be achieved and will include time lines and benchmarks
				  that facilitate forward momentum. Each mandatory adult and minor parent will
				  outline his or her path to achieving economic self-sufficiency. The
				  responsibilities, roles, and expectations of the individual, the Department,
				  and all other service providers must be detailed in the Self-Sufficiency
				  Contract. The Self-Sufficiency Contract is to be used as a flexible tool. If
				  the participant is not achieving progress in his or her Self-Sufficiency
				  Contract, it should be evaluated and changed accordingly. Adjustments to the
				  goals, components, or scheduled activities within components may be necessary
				  as a result of changes in labor market conditions, or a variety of individual
				  circumstances. The Self-Sufficiency Contract is a binding document to be signed
				  by the individual and by the person representing the Department. By signing the
				  Self-Sufficiency Contract, the individual signifies his or her agreement with
				  the terms and conditions of the Self-Sufficiency Contract.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-008 - COMPONENTS

Current through June 17, 2024
Components make up the menu of activities that the
				  participant and the Department choose from when developing the Self-Sufficiency
				  Contract. Activities that the participant engages in should build on his or her
				  strengths, help to remove barriers to Self-Sufficiency and prepare him or her
				  for entry into the labor market. Successful completion of activities within the
				  components should build momentum and forward movement toward the achievement of
				  the participant's vocational goal and eventual self-sufficiency. A participant
				  may participate in one or more core activities at a time or a combination of
				  core and non-core activities at the same time in order to comprise full-time
				  participation. Each component activity is reflected as a separate element in
				  the Self-Sufficiency Contract. Participation in component activities must be
				  supervised. Participation hours must be tracked, documented and
				  verified.
008.01
CORE
				ACTIVITIES.
At least 20 hours per week must come from
				participation in the following core activities.
008.01(A)
UNSUBSIDIZED
				EMPLOYMENT.
The employment may be full or part-time in the public
				or private sector and is not subsidized by Temprary Assistance for Needy
				Families or any other public program. Employment must consist of work for pay.
				Pay must not be less than the state minimum wage.
008.01(A)(i)
MICROBUSINESS
				ENTERPRISE.
When a microbusiness enterprise is included in the
				Self-Sufficiency Contract, the individual should be referred to an
				entrepreneurial assistance program. In order for the Self-Sufficiency Contract
				to contain this component activity, an assessment of the likelihood of business
				success must be obtained and benchmarks established to assess measurable
				progress, including profits and continued likelihood of achieving economic
				self-sufficiency within the individual's time limits.
008.01(A)(ii)
APPRENTICESHIP.
An apprenticeship may be applied for
				and entered into with a trade organization. An individual participating in an
				apprenticeship must complete the program and be fully employed in the trade
				within the individual's time limit. An apprenticeship program cannot be
				included in the Self-Sufficiency Contract if the individual has a skill that
				can be marketed and can be reasonably expected to provide a wage leading to
				economic self-sufficiency in the current, area-specific labor market and the
				client is physically, mentally and emotionally able to utilize those skills
				through employment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-009 - SUPPORTIVE SERVICES

Current through June 17, 2024
A participant must be provided with allowable and appropriate
				  supportive services to the extent determined necessary by the Department to
				  enable the individual to participate in any Employment First component as
				  agreed upon in the Self-Sufficiency Contract if no other source is available at
				  no cost to the participant or to the agency. The Department must prior approve
				  the use of these funds.
009.01
APPLICANTS.
Applicants for Aid to Dependent Children
				are eligible for supportive services only if they are participating in
				Employment First orientation, assessmenet, Self-Sufficiency planning, and
				Self-Sufficiency Contract development.
009.02
DURATION OF
				SERVICES.
Case management and necessary supportive services may be
				provided for the duration of the individual's participation in all Employment
				First components and, if needed, after the loss of eligibility for Aid to
				Dependent Children cash assistance if the loss of Aid to Dependent Children was
				due to earned income, and if the individual was either cooperating with or
				participating in Employment First at the time.
009.03
REFUSAL TO ACCEPT
				SUPPORTIVE SERVICES.
An applicant or recipient may refuse
				supportive services. However, the refusal of supportive services must not then
				be used as a reason for not cooperating with Employment First requirements or
				participating in Employment First component activities.
009.04
CLOTHING.
The
				purchase of clothing that is necessary for the individual to effectively
				participate in any of his or her approved component activities as well as for
				employment may be approved.
009.05
EXPENSES FOR EDUCATION AND TRAINING.
The participant
				must apply for student financial aid before Job Skills Training, Vocational
				Training or Post-Secondary Education can be approved and included in the
				Self-Sufficiency Contract, unless the program is not eligible for student
				financial aid or the participant has other financial resources available to pay
				for the cost of training.
009.05(A)
CERTIFICATE PROGRAMS.
Expenses related to training
				programs that are not covered by student financial aid can be considered if
				there is no other source of payment.
009.05(B)
ADULT EDUCATION
				PROGRAMS.
The registration fee for all approved adult education
				programs may be authorized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-010 - NONPARTICIPATION

Current through June 17, 2024
Nonparticipation may occur only after a client has signed a
				  Self-Sufficiency Contract. Some examples of failing to participate include, but
				  are not limited to:
(A) Not
				participating in Self-Sufficiency Contract revisions;
(B) Not meeting the terms of the
				Self-Sufficiency Contract;
(C)
				Failing to appear for a job interview or follow up on a job opening when the
				potential job meets the appropriate work criteria;
(D) Failing to keep appointments with the
				Department or with another agency providing service to the
				participant;
(E) Voluntarily
				leaving a component activity before its completion;
(F) Failing or refusing to report on his or
				her job search as required; or
(G)
				Quitting employment or refusing a bona fide offer of employment without good
				cause.
010.01
GOOD
				CAUSE.
The following are some examples of good cause for failing
				or refusing to participate in Employment First:
(1) The participant's illness or
				incapacitation;
(2) Incarceration
				or court-required appearance of the participant;
(3) A family crisis or change in family
				circumstances which interfere with participation;
(4) Unavailability or a breakdown in
				transportation or child care arrangements with no readily accessible
				alternative;
(5) Weather conditions
				which would prohibit the individual from participating in the prescribed
				activity;
(6) A wage which results
				in a net loss of cash income;
(7)
				Hazardous work conditions;
(8) The
				participants mental or physical inability to do the job; or
(9) The presence of domestic violence in the
				participant's life which interferes with his or her ability to secure child
				care or transportation; his or her ability to attend school, training, or work;
				or which compromises him or her or his or her child's physical or emotional
				safety.
010.01(A)
NET
				LOSS OF INCOME- NOT ACCEPTING A JOB.
If employment would result in
				a net loss of cash income, the participant would have good cause for not
				accepting that job. He or she may still choose to accept the employment, but is
				not subject to sanction if he or she does not.
010.01(B)
NET LOSS OF INCOME-
				ALREADY EMPLOYED.
The participant experiences a net loss of income
				if the income from employment does not equal the Aid to Dependent Children cash
				benefit plus work related expenses minus any unearned income received by the
				family. Work related expenses, not otherwise incurred, are defined as:
(i) Mandatory payroll deductions;
(ii) Transportation, limited to gas and oil
				and routine maintenance or city bus fare not paid by other sources;
(iii) The portion of child care paid by the
				participant; and
(iv) Uniforms not
				paid for by other sources.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-011 - TIME LIMIT FOR AID TO DEPENDENT CHILDREN

Current through June 17, 2024
Aid to Dependent Children recipient families that include an
				  adult or minor parent who meets the definition of a work-eligible individual
				  are subject to the time limit, unless otherwise exempt. Families subject to the
				  time limit may receive an Aid to Dependent Children for which they are eligible
				  for a total of 60 months in a lifetime. The 60-month lifetime limit begins with
				  the first month the family is determined to be eligible for and receives Aid to
				  Dependent Children. When one parent in a two-parent household reaches their
				  60-month lifetime limit, the result will be the loss of Aid to Dependent
				  Children for the entire family. Temporary Assistance for Needy Families
				  received from another state will apply towards the family's 60-month lifetime
				  limit. The benefit state's policies will determine which months count towards
				  the federal 60-month lifetime limit.
011.01
SITUATIONS WHERE THE AID
				TO DEPENDENT CHILDREN IS NOT LIMITED TO 60 MONTHS.
The receipt of
				Aid to Dependent Children is not limited to 60 months if:
(1) The Department establishes that there is
				no job available to the participant where the unearned income and the net
				earned income would exceed the Aid to Dependent Children payment level. This
				does not apply where the participant has voluntarily quit or failed to accept a
				job offer without good cause of has been sanctioned for failure to comply with
				the job-related requirements of the Self-Sufficiency Contract;
(2) Without Aid to Dependent Children cash
				assistance the family would not have sufficient funds to avoid extreme
				hardship;
(3) The adult or minor
				parent head-of-household is no longer able to meet the conditions of the
				Self-Sufficiency Contract;
(4) The
				Department has failed to meet the terms of the Self-Sufficiency Contract;
				or
(5) The Department has
				determined that the family is incapable of achieving total economic
				self-sufficiency because of the mental or physical conditions, or intellectual
				limitations of the adult or minor parent.
011.01(A)
EXTREME
				HARDSHIP.
A family is considered to be suffering from extreme
				hardship if they do not have adequate cash resources to meet the costs of the
				basic needs of food, clothing, and housing without assistance or the child or
				children are at risk of losing care by and residence with their parent(s) or
				usual caretaker. A family is considered to have inadequate cash resources if
				their unearned income and net earned income is insufficient to meet their
				current payment level.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-001 - LEGAL BASIS

Current through June 17, 2024
The Emergency Assistance to Needy Families with Children
				  Program is authorized by Nebraska Revised Statute (Neb. Rev. Stat.) §
									68-128.
				  Emergency Assistance must be provided in accordance with the following
				  regulations. Eligible households may only receive Emergency Assistance once in
				  any 12 month period.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-002 - PURPOSE

Current through June 17, 2024
The purpose of Emergency Assistance is to provide money or
				  services to or on behalf of a needy child and any other members of the
				  household to meet needs that have been caused by an emergency situation when
				  due to destitution, the household is not able to meet its needs. The program
				  provides a means to address emergency financial situations that are threatening
				  the health or well-being of an eligible child and family. Emergency Assistance
				  benefits must be used to help return the family to a stable environment the
				  family will be able to maintain.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-003 - DEFINITIONS

Current through June 17, 2024
For use within Emergency Assistance, the following definition
				  of terms will apply unless the context in which the term is used denotes
				  otherwise:
003.01
CATASTROPHIC ILLNESS.
An illness in which inpatient
				hospitalization is required, excluding childbirth, optional surgery, diagnostic
				work-ups, and services not included in Medicaid coverage.
003.02
DESTITUTION.
Lack of the necessities of life including but not limited to food, shelter, and
				medical care resulting from an emergency situation.
003.03
EMERGENCY.
A
				sudden and urgent situation requiring immediate action.
003.04
GROSS MONTHLY
				INCOME.
For the purpose of Emergency Assistance eligibility in
				this Chapter, gross monthly income means the earned and unearned income
				determined to be available to a household. Earned income includes gross wages,
				tips, salary, commissions and self-employment. Unearned income includes, but is
				not limited to:
(A) Retirement, Survivors, and
				Disability Insurance (RSDI);
(B)
				Railroad Retirement;
(C)
				Supplemental Security Income (SSI);
(D) Aid to Dependent Children
				(ADC);
(E) Assistance to the Aged,
				Blind, or Disabled (AABD);
(F)
				Veteran's or military service benefits;
(G) Unemployment Compensation or disability
				insurance benefits;
(H) Disability
				benefits paid by the employer;
(I)
				Child or spousal support; and
(J)
				Contributions.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-004 - APPLICATION

Current through June 17, 2024
To apply for Emergency Assistance, a household must complete
				  a Department-approved application or ask the Department to add a request for
				  Emergency Assistance to the household's current Economic Assistance
				  case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-005 - INDIVIDUAL RESPONSIBILITIES

Current through June 17, 2024
Individuals applying for or receiving Emergency Assistance
				  are required to:
(A) Cooperate with
				the Department in exploring all other sources of available aid, including
				setting up payment plans with creditors;
(B) Accept any aid available to alleviate the
				emergency situation; and
(C)
				Develop, with the Department, a plan to alleviate and prevent a recurrence of
				the emergency situation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-006 - INDIVIDUAL RIGHTS

Current through June 17, 2024
Individuals applying for or receiving Emergency Assistance
				  have the right to:
(A) Apply. Anyone
				who wishes to request or apply for Emergency Assistance must be given the
				opportunity to do so;
(B)
				Reasonably prompt action on his or her request for Emergency
				Assistance;
(C) Appeal any action
				or inaction with regard to an application, the amount of the benefit, or
				failure to act with reasonable promptness;
(D) Adequate notice of any action affecting
				his or her Emergency Assistance case;
(E) Have his or her information treated
				confidentially;
(F) Have his or her
				civil rights upheld. No person may be subjected to discrimination on the
				grounds of his or her race, color, national origin, sex, age, handicap,
				religion, or political belief;
(G)
				Have the program requirements and benefits fully explained;
(H) Be represented or assisted in the
				application process by the person or persons of his or her choice;
				and
(I) Referral to other social or
				private agencies.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-008 - GENERAL ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
Emergency Assistance may be provided to a needy child and any
				  other member of the household in which the child is living only if:
(A) The child is age 18 or younger. This
				includes an eligible pregnant woman in her third trimester with no other
				children;
(B) The child is
				currently living with one or both parents, or, within six months before the
				month in which assistance is required, was living with a specified relative or
				legally appointed guardian or conservator in a place of residence maintained as
				their own home;
(C) The household
				is without income and resources immediately accessible to meet the needs caused
				by the emergency situation;
(D) The
				child meets requirements of citizenship or alien status, as outlined within
				Chapter Two of Title 468;
(E) The
				household meets relevant income eligibility requirements;
(F) The destitution or need did not arise
				because the child, if age 16 or older and not in school, or the relative
				responsible for support and care refused without good cause to accept
				employment or training for employment or quit a job without good cause.
				However, if the child or family member refused without good cause to accept
				employment or training for employment or quit a job without good cause, but the
				emergency was not caused by this action, the family is still potentially
				eligible for Emergency Assistance. This includes situations in which the adult
				in the family has been sanctioned for failure to participate in the Employment
				First Program.
008.01
INCOME ELIGIBILITY REQUIREMENTS.
The household's gross
				income must not exceed 185 percent of the Aid to Dependent Children standard of
				need for the household size.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-009 - GENERAL EMERGENCY ASSISTANCE PAYMENT PROVISIONS

Current through June 17, 2024
Payment for all approved Emergency Assistance is made by
				  payment directly to the provider or to the designated member of the household
				  when appropriate. Payment may be made for all or a portion of the bills related
				  to the family's crisis.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 5 - EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EA) › Section 468-5-010 - APPEAL PROCESS

Current through June 17, 2024
Every applicant for or recipient of Emergency Assistance has
				  a right to appeal to the Director of the Nebraska Department of Health and
				  Human Services for a hearing on any action or inaction of any Department
				  employee or official in regard to the Emergency Assistance program. The appeal
				  must be filed in writing within 90 days of the action or
				  inaction.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 469-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
The Assistance to the Aged, Blind, or Disabled Program was
				  established to provide financial aid and medical assistance to individuals in
				  need who are age 65 and older, or, who are age 64 and younger and have been
				  determined to be blind or disabled according to the Retirement, Survivors, and
				  Disabled Insurance or Supplemental Security Income Program via the Social
				  Security Administration. The State Disability Program was established to
				  provide financial aid and medical assistance to individuals who are blind or
				  disabled and who meet the program definition of blindness or disability but do
				  not meet the duration requirements.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 469-1-003 - APPLICANT OR RECIPEINT RESPONSIBILITIES

Current through June 17, 2024
The applicant or recipient is required to:
(A) Provide complete and accurate
				information. State and federal law provides penalties of a fine, imprisonment,
				or both for individuals found guilty of obtaining assistance or services, for
				which they are not eligible, by making false statements or failing to report
				any changes in their circumstances within the timeframe allowed, depending upon
				the request and its requirements;
(B) Report a change in circumstances no later
				than ten days following the change. This includes reporting:
(i) Change of address;
(ii) Change in living arrangement;
(iii) Change of payee;
(iv) Change of payment method for grant such
				as a debit card, bank account, or facility resident account;
(v) Disability or blind status;
(vi) Monthly expenses;
(vii) Resources or other financial
				circumstances;
(viii) Employment
				status;
(ix) The composition of the
				household;
(x) A temporary absence
				from the home of any unit member; and
(xi) Changes in the amount of monthly income,
				including:
(1) All changes in unearned income;
				and
(2) Changes in the source of
				employment, in the wage rate, and in employment status, such as part-time to
				full-time or fulltime to part-time. For reporting purposes for Assistance to
				the Aged, Blind, or Disabled Program, 30 hours per week is considered
				full-time;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 469-1-004 - APPLICANT'S AND RECIPIENT'S RIGHTS

Current through June 17, 2024
The applicant or recipient has the right to:
(A) Apply. Anyone who wishes to apply for
				assistance must be given the opportunity to do so. No one is denied the right
				to apply for public assistance;
(B)
				Action on the individual's application for assistance within the allowed
				timeframe per regulation;
(C)
				Adequate notice of any action affecting his or her application or assistance
				case;
(D) Appeal to the Director
				for a hearing on any action, or inaction, with regard to an application, the
				amount of the assistance payment, or failure to act within the allowed
				timeframe per regulation. The appeal must be filed in writing within 90 days of
				the action or inaction.
(E) Have
				his or her information treated confidentially;
(F) Have his or her civil rights upheld. No
				person may be subjected to discrimination on the grounds of his or her race,
				color, national origin, sex, age, disability, religion, or political belief;
				and
(G) Have the program
				requirements and benefits fully explained.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 469-1-005 - APPLICATION SUBMITTAL

Current through June 17, 2024
An application for assistance may be made in person, by mail,
				  telephone, fax, or electronic submission and may be made by the applicant, the
				  applicant's guardian or conservator, an individual acting under a duly executed
				  power of attorney, or another person authorized to act for the
				  applicant.
005.01
VALID
				APPLICATION.
An application is considered valid the date it is
				received by the Department and contains:
(A)
				Name;
(B) Address; and
(C) Proper signature of the applicant or
				authorized representative.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-001 - ELIGIBILITY

Current through June 17, 2024
In order to be eligible to receive assistance under the Aged,
				  Blind, or Disabled Program the individual must:
(A) Submit an application;
(B) Be a United States citizen or have a
				qualified alien status as required by Nebraska Revised Statute (Neb. Rev.
				Stat.) §
									4-111;
(C) Be a Nebraska resident;
(D) Have a Social Security number;
(E) Meet the age requirements of section 005
				;
(F) Be responsible for relative
				financial support as required by section 006;
(G) Be determined blind or disabled by the
				Social Security Administration; Meet resource limits;
(H) Meet income requirements;
(I) Cooperate in obtaining third-party
				medical payments; and
(J) Not be
				receiving any other state funded cash assistance.
001.01
MEDICAL
				ASSISTANCE.
All medical assistance criteria in this title refers
				to the State Disability Program only.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-003 - VERIFYING CITIZENSHIP OR ALIEN STATUS

Current through June 17, 2024
The applicant or recipient must sign an attestation form
				  required by Neb. Rev. Stat. §
									4-111.
				  The applicant or recipient's status must be able to be verified in accordance
				  with Neb. Rev. Stat. §
									4-112.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-004 - RESIDENCE

Current through June 17, 2024
To be eligible, the applicant or recipient must be living in
				  the state voluntarily with the intent of making Nebraska their home. Residence
				  starts the month the applicant moves into the state, even if the individual
				  received categorical assistance in another state.
004.01
INCAPABLE OF INDICATING
				INTENT.
An individual is considered in capable of indicating
				intent is:
(A) The individual has an
				Intelligence Quotient of 49 or less, or a mental age of seven or less, based on
				tests acceptable to the State developmental disabilities agency;
(B) The individual is judged legally
				incompetent;
(C) Medical
				documentation obtained from a physician, psychologist, or other person licensed
				by the State in the field of developmental disability, or other documentation
				acceptable to the State supports a finding that the individual is incapable of
				indicating intent.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-005 - AGE

Current through June 17, 2024
An applicant's age is considered in determining eligibility
				  for Assistance to the Aged, Blind and Disabled benefits.
005.01
AGE LIMITS.
To be eligible for Assistance to the Aged, Blind, or Disabled payment or State
				Disability Program, an individual must meet the following age limits:
(A) To qualify as Aged, an individual must be
				age 65 or older;
(B) To qualify as
				Blind, an individual must be age 64 or younger;
(C) To qualify as Disabled, an individual
				must be age 64 or younger.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-006 - RELATIVE FINANCIAL RESPONSIBILITY

Current through June 17, 2024
There are two categories of relative responsibility,
				  spouse-for-spouse and parent-for-child.
006.01
SPOUSE FOR
				SPOUSE.
A divorce dissolves the marriage of a couple and there is
				no longer spouse-for-spouse responsibility. A legal separation does not
				dissolve the marriage.
006.02
PARENT FOR CHILD.
The income and resources of a parent
				is deemed to a child age 17 or younger if living in the same
				household.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-007 - BLINDNESS OR DISABILITY

Current through June 17, 2024
The eligibility requirements and definitions for blindness
				  and disability follow:
007.01
ELIGIBILITY REQUIREMENTS APPLICABLE ONLY TO BLIND OR
				DISABLED.
All applicants for Assistance to the Aged, Blind, or
				Disabled payment or State Disability Program after January 1, 1974, must meet
				the medical definitions of blindness or disability of the Retirement,
				Survivors, Disability Insurance or Supplemental Security Income Programs as
				administered by the Social Security Administration. The determination by Social
				Security Administration that an individual is disabled or blind must be
				accepted for eligibility for Assistance to the Aged, Blind, or Disabled. In
				some cases, the State Review Team may make the determination of blindness or
				disability.
007.02
DEFINITIONS OF DISABILITY AND BLINDNESS.
The following
				definitions are used by the Social Security Administration and the Department's
				designated Medical Consultant Review process in making a determination for the
				Assistance to the Aged, Blind, or Disabled payment program and the State
				Disability Program:
(A) An individual is
				considered disabled for the Assistance to the Aged, Blind, or Disabled payment
				program when it is not possible for the individual to engage in any substantial
				gainful activity due to any medically determined physical or mental impairment
				which can be expected to result in death or which has lasted, or can be
				expected to last, for a continuous period of not less than 12 months. A child
				through age 17 is considered disabled if the individual suffers from any
				medically determined physical or mental impairment of comparable
				severity.
(B) An individual is
				considered blind for the Assistance to the Aged, Blind, or Disabled payment
				program if that individual has central visual acuity of 20 over 200, or less,
				in the better eye with correcting lens, or a field defect in which the
				peripheral field has contracted to such an extent that the widest diameter of
				visual field subtends an angular distance of no greater than 20
				degrees.
(C) An individual is
				considered disabled for the State Disability Program if it is not possible for
				the individual to engage in any substantial gainful activity by reason of a
				medically determined physical or mental impairment which can be expected to
				result in death or which has lasted, or can be expected to last, for a
				continuous period of not less than 6 months from onset and not more than 12
				months. The Department's designated medical reviewer always makes the
				determination for State Disability Program. The individual cannot be ineligible
				for other Medicaid programs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-008 - INSTITUTIONALIZATION

Current through June 17, 2024
An individual may qualify for Assistance to the Aged, Blind,
				  or Disabled while living in an institution only if the institution is subject
				  to the licensing requirements of the Department.
008.01
PATIENTS IN A MEDICAL
				INSTITUTION AND CONVALESCENT LEAVE.
Assistance may be provided for
				an individual who is a patient in a medical institution, such as a hospital or
				nursing home, if all other eligibility factors are met. Psychiatric units of
				medical hospitals are considered part of the medical institution and are not
				subject to the restriction on psychiatric care identified previously.
008.02
LICENSED
				INSTITUTIONS.
Nebraska currently has the following public
				institutions licensed for the treatment of mental diseases and developmental
				disabilities:
(A) Hastings Regional
				Center;
(B) Norfolk Regional
				Center;
(C) Lincoln Regional
				Center; and
(D) Beatrice State
				Developmental Center.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-011 - COOPERATION IN OBTAINING THIRD PARTY MEDICAL PAYMENTS

Current through June 17, 2024
The application for State Disability Program medical
				  assistance constitutes an automatic assignment of the recipient's rights to
				  third party payments made on behalf of the recipient for medical care or
				  services which are payable under the State Disability Program. As a requirement
				  for assistance, the recipient must also cooperate, unless good cause for
				  noncooperation can be verified, in securing any third party medical
				  payments.
011.01
THIRD
				PARTY PAYMENTS NOT ASSIGNED.
The following third party payments
				are not subject to the automatic assignment provision:
(A) Medicare benefits; and
(B) Payments from income-producing policies
				which subsidize the individual's income while the individual is hospitalized or
				receiving medical care, regardless of the type of medical service being
				provided.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-012 - CHILD SUPPORT ENFORCEMENT SERVICES

Current through June 17, 2024
Child Support Enforcement services are provided to an
				  Assistance to the Aged, Blind, or Disabled child age 18 or younger who has a
				  noncustodial parent. If an adult does not have good cause, and refuses to
				  cooperate with Child Support for a child in the individual's care, the
				  Assistance to the Aged, Blind, or Disabled adult's grant is closed. The child
				  continues to be eligible.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-013 - RECEIPT OF OTHER ASSISTANCE

Current through June 17, 2024
An individual who receives a payment or whose needs are
				  included in a payment of Assistance to the Aged, Blind, or Disabled or State
				  Disability Program may not receive a payment at the same time of another type
				  of categorical assistance administered by the Department. This does not
				  preclude the recipient of another type of assistance from being the payee for
				  an Aid to Dependent Children grant made on behalf of a child in the
				  individual's care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 469-2-014 - INELIGIBILITY OF FLEEING FELON

Current through June 17, 2024
An individual is ineligible for Aged Blind or Disabled grant
				  and State Disability Program assistance during any period in which the
				  individual is:
(A) Fleeing to avoid
				prosecution or custody or confinement after conviction for a crime or attempt
				to commit a crime that is a felony under the law of the place from which the
				individual is fleeing; or
(B)
				Violating a condition of federal or state probation or parole.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 3 - DETERMINATION OF BENEFITS › Section 469-3-001 - DESCRIPTION OF BENEFITS

Current through June 17, 2024
Assistance to the Aged, Blind, or Disabled Payment Program or
				  State Disability Program payment assistance consists of money payments to the
				  recipient. State Disability Program Medical Payments are made directly to the
				  provider for medical care and services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 3 - DETERMINATION OF BENEFITS › Section 469-3-002 - PLANNING THE ASSISTANCE BUDGET

Current through June 17, 2024
The assistance budget is planned with the recipient by
				  discussing and explaining the following:
(A) Budgeting process;
(B) Individual requirements;
(C) Persons whose needs may be included in
				the budget;
(D) Use of items
				supplied or obtained in-kind;
(E)
				Use of any income;
(F)
				Determination of the amount of the assistance payment;
(G) Provision of medical services;
				and
(H) Why it is necessary for a
				recipient to keep the Department informed of changes in the individual's
				circumstances which affect his or her needs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 3 - DETERMINATION OF BENEFITS › Section 469-3-004 - BUDGET COMPUTATION

Current through June 17, 2024
When an application for assistance is approved during the
				  initial 30 day period, the first month's payment begins with date of
				  application, if all eligibility factors are met. If eligibility is determined
				  during the additional 30 day period, the payment is prorated from the date the
				  department receives sufficient information to verify eligibility.
004.01
BUDGETING PROCESS FOR
				INDIVIDUALS NOT RECEIVING STATE SUPPLEMENTAL INCOME, INCLUDING INDIVIDUALS
				DETERMINED ELIGIBLE FOR 1619(B) STATUS BY SOCIAL SECURITY
				ADMINISTRATION.
The budget process for determining eligibility for
				and amount of assistance payment is completed through the Department of Health
				and Human Services-designated electronic system.
004.01(A)
ASSISTANCE TO THE AGED,
				BLIND, OR DISABLED PAYMENT BUDGETING PROCESS FOR RECIPIENTS RECEIVING
				SUPPLEMENTAL SECURITY INCOME.
The budget for recipients who are
				receiving State Supplemental Income is completed through the Department of
				Health and Human Services-designated electronic system. To determine need:
(i) Only the following available net income
				is computed. This income is not allowed the $20 general income disregard:
(1) Income of non-spouse essential
				persons;
(2) Veteran's Aid and
				Attendant benefits; and
(3) Income
				allocated from another assistance unit;
(4) Income of an ineligible spouse not used
				by the Social Security Administration in the calculation of the recipient's
				Supplemental Security Income payment. Social Security disregards the deemed
				income if it is less than the difference between the federal benefit rate for
				an individual and a couple. Social Security calculates the Supplemental
				Security Income payment based on the federal benefit rate for an
				individual.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 3 - DETERMINATION OF BENEFITS › Section 469-3-005 - PAYMENTS FOR ASSISTANCE

Current through June 17, 2024
Aged, Blind, or Disabled or State Disability Program payments
				  may be made as follows:
005.01
TO A GUARDIAN, CONSERVATOR, OR DULY EXECUTED POWER OF
				ATTORNEY.
If an Assistance to the Aged, Blind, Disabled, or State
				Disability Program recipient has a guardian, conservator, or individual acting
				under a duly executed power of attorney, Assistance to the Aged, Blind,
				Disabled, or State Disability Program payments may be made to the appointed
				person on behalf of the recipient. Certified copies of the letter of
				guardianship, conservatorship, or power of attorney are filed with the local
				office.
005.02
TO A
				PROTECTIVE PAYEE.
Protective payments may be made on behalf of a
				recipient who has a physical or mental impairment which causes an inability to
				manage Assistance to the Aged, Blind, Disabled, or State Disability Program
				payments.
005.03
ERRONEOUS STATE SUPPLEMENT PAYMENTS.
Underpayments and
				overpayments are processed as follows:
005.03(A)
UNDERPAYMENTS.
If a state supplement payment is made
				for an amount less than the amount the recipient was entitled to receive, a
				correction must be made. The retroactive corrective payments may be made for
				the 12 months preceding the month in which the underpayment is discovered.
				State supplement payments made to correct an underpayment are not considered
				income or a resource in the month paid or the month following the month
				paid.
005.03(B)
OVERPAYMENTS.
There are two types of overpayments:
(i) Departmental errors caused by inaccurate
				budget computation or because the worker failed to take action; and
(ii) Household errors caused because the
				recipient who failed to provide information, or the information provided was
				inaccurate or incomplete, resulting in an overpayment.
005.03(C) All overpayments, regardless of
				cause, must be recouped.
005.03(C)(i)
RECOUPMENT OF OVERPAYMENTS.
If a state supplement
				payment was made for an amount greater than the amount the recipient was
				entitled to receive, the overpayment is recouped by:
(1) Reducing the current state supplement
				payments by at least ten percent; or,
(2) If the recipient is no longer eligible
				for a grant, the individual may make arrangements to repay it on their
				own.
005.03(C)(ii)
				Recoupment is limited to the amount of overpayment which occurred in the 12
				months preceding the month in which the overpayment was discovered.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 4 - STATE DISABILITY PROGRAM - MEDICAL › Section 469-4-001 - DESCRIPTION OF BENEFITS

Current through June 17, 2024
The State Disability Medical Program provides medical care
				  and services to those who do not have sufficient income to meet their medical
				  needs and who qualify according to the program definitions as blind or
				  disabled, but only if they have also had their Social Security Administration
				  Disability application denied due to lack of duration, then determined blind or
				  disabled by the Department of Health and Human Services designated medical
				  consultant reviewer.
001.01
REFERENCES TO MEDICAL.
All references to medical in
				this Chapter refer to the State Disability Program cases only. Nebraska
				Medicaid eligibility guidelines are found in Title 477 NAC.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 4 - STATE DISABILITY PROGRAM - MEDICAL › Section 469-4-002 - ELIGIBILITY CATEGORIES

Current through June 17, 2024
To qualify for the disability determination for the State
				  Disability Program:
002.01
INDIVIDUALS ELIGIBLE FOR STATE DISABILITY MEDICAL
				PROGRAM.
Individuals who would have been denied disability by the
				Social Security Administration due to lack of duration but found disabled by
				the medical consultant review and meet all other State Disability Program
				eligibility criteria except eligibility for a grant.
002.02
INDIVIDUALS INELIGIBLE FOR
				STATE DISABILITY PROGRAM GRANT BUT ELIGIBLE FOR STATE DISABILITY MEDICAL
				ONLY.
Individuals who have income or resources in excess of the
				budgetary standards for the State Disability Program are ineligible for an
				assistance grant but must be reviewed for State Disability Medical. The
				eligibility criteria for State Disability Medical Program are the same as for
				Assistance to the Aged, Blind, or Disabled and State Disability Program
				payments, with the exception of income and resource standards to be used if
				over the income or resource standards for a grant.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM › Chapter 4 - STATE DISABILITY PROGRAM - MEDICAL › Section 469-4-003 - COOPERATION IN OBTAINING HEALTH INSURANCE

Current through June 17, 2024
As a condition of eligibility for the State Disability
				  Program, an individual is required to enroll in an available health plan if the
				  Department has determined that it is cost effective and the individual is able
				  to enroll. The Department then pays the premiums, deductibles, coinsurance, and
				  other cost sharing obligations.