reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 5 - ENFORCEMENT › Section 171-5-2 - Informal Process

Current through June 17, 2024
The Board may utilize the informal process as described below
				  in lieu of, or as a prerequisite for, entering into a formal process.
5.2.1 The respondent shall be entitled to
				copies of the complaint and all information upon which the probable cause
				determination was made.
5.2.2 The
				Board and the respondent may reach an agreement as to the terms of the
				resolution of the matter without the respondent's appearance before the
				Board.
5.2.3 If an agreement is not
				reached without the appearance of the respondent, the respondent will be
				requested in writing to appear before the Board for an informal discussion of
				the matter.
5.2.3.1 The Board may, but need
				not, request any other party involved in the complaint to appear along with the
				respondent. Such appearance is voluntary and cannot be compelled.
5.2.3.2 Copies of the documents referred to
				in Rule 5.2.1 shall be provided to the respondent no later than the time the
				request to appear is made.
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 5 - ENFORCEMENT › Section 171-5-3 - Formal Process

Current through June 17, 2024
5.3.1 The procedure
				for hearings regarding matters not resolved by the informal process shall be in
				accordance with Title 53, NAC, Chapter 4 of the Nebraska Department of Justice.
				Board's receipt of a complaint shall not constitute the initiation of a formal
				process.
5.3.2 Any person
				aggrieved by a final decision in a contested case is entitled to judicial
				review under the Nebraska Administrative Procedures Act, or resort to such
				other means of review as may be provided by law.
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 5 - ENFORCEMENT › Section 171-5-4 - Failure to Comply with Board Orders

Current through June 17, 2024
If any person refuses to obey any decision or order of the
				  board, enforcement proceedings may be commenced in the appropriate district
				  court in accordance with Neb. Rev. Stat §
									81-3533.
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 6 - THE LICENSEE SEAL › Section 171-6-1 - Use of the Seal

Current through June 17, 2024
6.1.1 The purpose
				of the seal is to assist in identification of the professional geologist
				responsible for the work performed under the requirements of the Act.
6.1.2 The seal used by a professional
				geologist shall be legible, whether an embossing, computer generated, or other
				type of seal. In the absence of legibility, the seal is invalid.
6.1.3 The responsible professional geologist
				shall identify all work that they have prepared, as well as all work that has
				been prepared under their direct supervision, by applying their seal to the
				cover page of geologic reports or other geologic documents bound in book form
				as well as on each and every original sheet of unbound geologic drawings, cross
				sections, or maps whenever these documents are presented to a client or any
				public or governmental agency.
6.1.4 Sealing of documents, when the
				underlying work was not performed by or under the direct supervision of a
				professional geologist is prohibited.
6.1.5 Preliminary documents shall identify
				the purpose of the document, the professional geologist of record with their
				license number and the release date by placing the following text or similar
				wording instead of a seal: "This document is released for the purpose of
				(purpose of document) under the authority of (professional geologist and
				license number) on (date)."
6.1.6
				When sealing plans or documents on which two or more professional geologists
				have worked, the seal of each professional geologist shall be placed on the
				plan or document with a notation describing the work done under each
				professional geologist's direct supervision.
6.1.7 No seal shall be valid unless signed
				across the face of the seal with the professional geologist's name and the date
				on which the material was signed.
6.1.8 Professional geologists are responsible
				for providing adequate security over their seal and signature wherever it
				appears, regardless of whether the seal and signature is produced
				electronically or by other means.
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 6 - THE LICENSEE SEAL › Section 171-6-2 - Use of Seal on Supervised Work

Current through June 17, 2024
6.2.1 In order to
				exercise full professional knowledge of and control over work, a professional
				geologist intending to affix their seal on geologic documents must:
6.2.1.1 Have and exercise the authority to
				review and to change, reject, or approve both the work in progress and the
				final work product, through a continuous process of examination, evaluation,
				communication, and direction throughout the development of the work;
6.2.1.2 Be personally aware of the project's
				scope, needs, parameters, limitation, and special requirements;
6.2.1.3 Be capable of answering questions
				relevant to the geologic decisions made as part of the services provided, in
				sufficient detail to demonstrate reasonable knowledge of and proficiency in the
				work; and
6.2.1.4 Be reasonably
				satisfied with the product of the services rendered and accept full
				responsibility of the work.
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 7 - ORGANIZATIONAL PRACTICE › Section 171-7-1 - Applications

Current through June 17, 2024
7.1.1 Organizations practicing or offering to
				practice geology in Nebraska shall apply to the Board for a certificate of
				authorization.
7.1.2 The Board will
				review the organization's application and issue a certificate of authorization
				if the minimum requirements are satisfied.
7.1.3 Certificates of authorization are valid
				for two years from issuance.
7.1.4
				A certificate of authorization may be renewed for two years upon submission of
				the renewal application and appropriate renewal fee prior to the expiration of
				the certificate.
7.1.4.1 An expired
				certificate may be renewed without penalty up to one year after
				expiration.
7.1.4.2 After one year,
				an expired certificate requires a new application and the appropriate
				application fee along with meeting the certificate requirements in place at
				that time.
Nebraska Administrative Code › Topic - GEOLOGISTS, BOARD OF › Title 171 - Board of Geologists › Chapter 7 - ORGANIZATIONAL PRACTICE › Section 171-7-2 - Minimum Requirements

Current through June 17, 2024
7.2.1 The
				requirements for an organization to practice or offer to practice geology in
				Nebraska is to have at least one professional geologist who is licensed to
				practice in Nebraska and a employee who regularly performs geologic services
				for the organization for the duration of the certificate of
				authorization.
7.2.2 The signature
				of the professional geologist must appear on the application.
7.2.3 The professional geologist whose
				signature appears on the application may or may not have ownership interest in
				the organization.
7.2.4 The
				applicant must pay the appropriate application fee.
7.2.5 An individual who has elected emeritus
				status is not eligible to sign as an organization's professional geologist on
				the application.
7.2.6 Should the
				professional geologist who has signed the application leave the organization,
				die, or lose their signatory authority, the organization has thirty days to
				notify the Board and file an amendment to its application identifying a new
				professional geologist with signatory authority.
Nebraska Administrative Code › Topic - GRAIN SORGHUM BOARD › Title 18 - NEBRASKA GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 18-1-001 - Administration of the Board

Current through June 17, 2024
001.01
Officers.
The officers of the board shall be: chairperson,
				  vice-chairperson, and secretary-treasurer. Officers shall be elected annually
				  at the first regular meeting after either July 17th or whenever a vacancy
				  occurs. The secretary-treasurer shall be bonded under the blanket surety bond
				  required by
Neb. Rev.Stat.
§
										11-201
				  (Cum. Supp. 1994).
001.02
Term of Office.
The term of office for members of the board shall be for
				  three years beginning July 17, except that the term of the members of the board
				  first taking office on July 17, 1981, shall be as follows:
001.02A Districts 1 and 6 3 years
001.02B Districts 2 and 3 2 years
001.02C Districts 4 and 5 1 years
001.02D At Large Member 2 years
Nebraska Administrative Code › Topic - GRAIN SORGHUM BOARD › Title 18 - NEBRASKA GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 18-1-002 - Appointment to the Board

Current through June 17, 2024
002.01
General Provisions.
All candidates for appointment to the board may place their
				  names on a candidacy list for the respective district by filing a petition
				  signed by at least fifty resident grain sorghum growers of such district with
				  the existing board. Qualified candidates shall be those meeting the
				  requirements of
Neb. Rev. Stat.
§
										2-4004
				  (Supp. 1991).
002.02
Candidacy Petitions.
002.02A
Notice of Opening:
				Publication by Board.
Not less than sixty days prior to the
				expiration of the term of board members, notice shall be placed by the board in
				at least one newspaper of general circulation in the districts from which such
				members have been appointed. Such notice shall advise prospective candidates
				of:
002.02A1 The board openings;
002.02A2 Where petitions may be obtained;
				and
002.02A3 The deadline for
				submitting petitions.
Nebraska Administrative Code › Topic - GRAIN SORGHUM BOARD › Title 18 - NEBRASKA GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 18-1-003 - Effective Date

Current through June 17, 2024
This rule shall become effective five days after it has been
				  filed with the Revisor of Regulations as provided by the Administrative
				  Procedures Act.
Nebraska Administrative Code › Topic - GRAIN SORGHUM BOARD › Title 18 - NEBRASKA GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 18-1-005 - Annotation

Current through June 17, 2024
Neb. Rev. Stat.
§§
									2-4001 to
				  2-4020 (Supp.
				  1991) and §§
									84-1408
				  to
				  84-1414
				  (Reissue 1994).
Nebraska Administrative Code › Topic - GRAIN SORGHUM BOARD › Title 18 - NEBRASKA GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › CANDIDACY PETITION

Current through June 17, 2024
For Appointment To
THE NEBRASKA GRAIN SORGHUM DEVELOPMENT, UTILIZATION AND
				  MARKETING BOARD
I,__________________, a resident grower of grain sorghum in
				  _______________County, Nebraska, hereby seek to have my name placed on the
				  candidacy list for District No._____, as a candidate for appointment to the
				  Nebraska Grain Sorghum Development, Utilization and Marketing Board.
I meet all of the qualifications for appointment to said
				  board in that I am a citizen of Nebraska, I am at least twenty-one (21) years
				  of age, I have been actually engaged in growing grain sorghum in Nebraska for a
				  period of at least five (5) years, and I derive a substantial portion of my
				  income from growing grain sorghum.
The Petitioners whose signatures are affixed hereto are
				  resident grain sorghum growers within the aforementioned District. After having
				  been fully advised that the effect of their signatures is to approve of my
				  appointment to the aforementioned board, said Petitioners signed this Candidacy
				  Petition freely and voluntarily.
Dated at______________, Nebraska, this_____________day
				  of_________________, 19____.
___________________________
Signature of Candidate
State of Nebraska)
) ss. Affidavit of Candidate
County of_________________)
I,__________________, being duly sworn, depose and say that
				  the information contained in this Candidacy Petition is true and accurate to
				  the best of my knowledge.
_______________________
Signature of Candidate
Subscribed and sworn to before me this______day
				  of________________,19_____.
Notary Public
My Commission
PETITIONERS
NAME
COUNTY OF RESIDENCE
SIGNATURE
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DISTRICT NUMBERS
District #1 - The counties of Gage, Johnson, Nemaha, Pawnee
				  and Richardson;
District #2 - The counties of Lancaster, Cass and
				  Otoe;
District #3 - The counties of Nuckolls, Thayer, Jefferson and
				  Saline;
District #4 - The counties of Clay, Fillmore, Hamilton, York
				  and Seward;
District #5 - The counties of Buffalo, Hall, Merrick, Polk,
				  Butler, Saunders, Sarpy, Douglas, Platte, Colfax, Dodge, Washington, Burt,
				  Cuming, Stanton, Madison, Boone, Nance, Howard, Greeley, Sherman, Valley,
				  Custer, Blaine, Loup, Garfield, Wheeler, Antelope, Pierce, Wayne, Thurston,
				  Dakota, Dixon, Cedar, Knox, Holt, Boyd, Rock, Brown and Keya Paha; and
District #6 - The counties of Dawson, Dundy, Hitchcock, Red
				  Willow, Furnas, Harlan, Franklin, Webster, Adams, Kearney, Phelps, Gosper,
				  Frontier, Hayes, Chase, Perkins, Keith, Lincoln, Arthur,
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 1 - DEFINITIONS › Section 15-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules and regulations implement the Nebraska Community
				  Aging Services Act, Nebraska Revised Statute (Neb. Rev. Stat.) §§
									81-2201
				  to
				  81-2227,
				  consistent with the Older Americans Act of 1965 (OAA).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 1 - DEFINITIONS › Section 15-1-002 - DEFINITIONS

Current through June 17, 2024
For purposes of this title, the following definitions
				  apply:
002.01
ACT.
The Act is the Nebraska Community Aging Services
				Act.
002.02
ANNUAL
				BUDGET.
The annual budget is a document identifying fiscal year
				expenditures based on services to be provided in the Planning and Service Area,
				and corresponding service unit projections.
002.03
ASSESSMENT.
An assessment is a comprehensive appraisal of individuals by making orderly and
				purposeful observations, conducting interviews, and recording the results of
				those observations and interviews on a standardized assessment document issued
				by the Department.
002.04
AUTHORITY AND CAPACITY.
The authority and capacity is
				the power and right of an Area Agency on Aging to enforce, administer, and
				implement laws, rules, and regulations and programs for which it is
				responsible.
002.05
CARE MANAGEMENT.
Care management is assisting a client
				to identify and utilize services needed to ensure that the client is receiving,
				when reasonably possible, the level of care that best matches his or her level
				of need.
002.06
CARE
				MANAGEMENT FEE SCALE.
The Care Management fee scale is the
				document issued annually by the State Unit on Aging, using the Federal Poverty
				Level, for Area Agencies on Aging to determine the client fee for Care
				Management services based on family income. defined as follows:
(A) Family income is the total income the
				individual and spouse (if any) receives annually;
(B) Income is money received as profit from
				fees (net income after business expenses, before taxes) from a person's own
				business, professional practice, partnership, or farm;
(C) Income includes but is not limited to,
				regular payments such as social security, income from public assistance or
				welfare, interest, dividends, pensions, net rents, alimony, child support, or
				allotments;
(D) Income includes
				wages, salary, commission, bonuses, or tips from all jobs (before deductions
				from taxes), including sick leave pay; and
(E) For the purposes of this Title, family
				means an individual and his or her spouse.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules and regulations implement Nebraska Revised
				  Statute (Neb. Rev. Stat.) §§
									81-2201
				  to
				  81-2227
				  (the Act) and the Older Americans Act of 1965 (OAA).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-003 - DESIGNATION AND CONTINUED DESIGNATION

Current through June 17, 2024
A proposed Area Agency on Aging must comply with applicable
				  legal requirements to be designated, and an existing Area Agency on Aging must
				  continue to comply with applicable legal requirements to continue to be
				  designated, according to the Act and the Older Americans Act of 1965
				  (OAA).
003.01
AUTHORITY.
A proposed Area Agency on Aging must
				demonstrate its authority to be designated to the State Unit on Aging, which
				includes providing to the State Unit on Aging copies of the following
				documents.
(A) An Interlocal Cooperation Act
				agreement signed by the chief elected officials of participating counties
				within its Planning and Service Area;
(B) Authority to accept and utilize funds for
				aging services as specified by the Act, this Title, and the Older Americans Act
				of 1965;
(C) Authority to develop
				and implement policies and procedures for administration, services and program
				development, program records, data collection, and planning. Policies and
				procedures, including the following, are to be in writing and on file:
(i) A statement that the Agency is an Equal
				Opportunity Employer with an Affirmative Action Plan;
(ii) By-laws for the Governing
				Unit;
(iii) By-laws for an Advisory
				Committee;
(iv) Use of
				property;
(v) Confidentiality and
				storage of confidential material; and
(vi) Personnel policies which include: job
				descriptions for each Area Agency employee, code of ethics, leave, travel,
				discipline, performance evaluation, hiring and termination, grievance
				procedures, and accounting and financial management;
(D) Collected and evaluated views of units of
				general purpose local government gathered in public hearing in the Planning and
				Service Area prior to seeking designation;
(E) Evidence that the views of older persons
				have been considered and evidence of support from older persons in the Planning
				and Service Area;
(F) Evidence of
				support from Units of General Purpose Local Government and human service
				agencies and community organizations in the Planning and Service Area;
				and
(G) Authority to be an advocate
				for older persons in the Planning and Service Area.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-004 - WITHDRAWAL OF DESIGNATION

Current through June 17, 2024
004.01
REASONS FOR WITHDRAWAL.
The Department may revoke an
				Area Agency on Aging's designation, and may accordingly withhold all or a
				portion of a grant award, for any of the following reasons.
(A) Voluntarily withdrawal;
(B) Adverse change in authority or capacity
				to perform;
(C) Malfeasance in, or
				failure of, administration;
(D)
				Failure to implement an approved plan or budget;
(E) Refusal to serve older persons in the
				planning and service area with a program of services as outlined in an approved
				plan or budget;
(F)
				Misappropriation of funds;
(G)
				Failure to obtain approval, in advance, for any proposed amendment to an
				approved plan or budget;
(H)
				Failure to meet the conditions of the subaward from the State Unit on Aging;
				or
(I) Failure to comply with
				applicable law, including the Act, this Title, or the Older Americans Act of
				1965.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-005 - GOVERNANCE

Current through June 17, 2024
005.01
SUFFICIENT
				STAFFING.
An Area Agency on Aging must provide for the employment
				of sufficient staff to carry out its approved plan and budget.
005.02
PLAN AND BUDGET
				APPROVAL.
An Area Agency on Aging must submit a budget to the
				State Unit on Aging no later than May 1 of each year.
005.03
THIRD-PARTY SERVICES
				APPROVAL.
An Area Agency on Aging must approve appropriate
				subawards, contracts and agreements that are necessary to carry out its
				functions
005.04
ADVISORY COUNCIL CONSULATATION.
An Area Agency on
				Aging must establish and consult with an area advisory council on needs,
				services and policies affecting older persons in the area.
005.05
ADVISORY COUNCIL
				BYLAWS.
The advisory council must establish bylaws specifying its
				role and function, number and selection of members, and term of membership and
				frequency of meetings. The council must meet at least quarterly.
005.06
COMPOSITION OF
				COUNCIL.
The advisory council may include a representative of
				developmental disability organizations within the planning and service area.
				The council must include individuals and representatives of community
				organizations to enhance the leadership role of the Area Agency on Aging in
				developing community-based systems of services. The advisory council must be
				made up of:
(A) More than 50 percent older
				persons, including minority individuals who are participants or who are
				eligible to participate in programs under this Title;
(B) Representatives of older
				persons;
(C) Representatives of
				health care provider organizations, including providers of veterans' health
				care, if appropriate;
(D)
				Representatives of supportive services providers' organizations;
(E) Persons with leadership experience in the
				private and voluntary sectors;
(F)
				Local elected officials; and
(G)
				The general public.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-007 - ANNUAL BUDGET

Current through June 17, 2024
Each Area Agency on Aging must submit to the Department for
				  approval an annual budget. The budget must detail how the Area Agency on Aging
				  implements goals and objectives during the ensuing fiscal year. The annual
				  budget must:
(A) Tie taxonomy services
				between service unit projections and budgets;
(B) Provide cost itemization of equipment
				with cumulative cost of $5,000 or more and expenditures involving renovation,
				construction, and data processing equipment;
(C) Identify any proprietary or for profit
				contracts;
(D) Identify all
				subgrantees and contractors who receive Older Americans Act of 1965 funds,
				including dollar amounts for each; and
(E) Provide an indication of planned
				expansion or reduction activities.
007.01
DEPARTMENT
				REVIEW.
The Department will review the annual budget prior to
				approval. The review will include, but not be limited to:
(A) A review of Area Agency objectives and
				their relationships to the Area Plan and budget;
(B) A review of the last assessment of the
				Area Agency on Aging including progress made on any deficiencies found during
				that assessment;
(C) Evidence of
				coordination with other agencies;
(D) Targeting of resources to socially and
				economically needy, low-income minority, rural older persons and Native
				Americans;
(E) A match of no less
				than 25% of the approved Area Plan and budget from local sources; and
(F) Compliance with the Act, these Rules and
				Regulations and the Older Americans Act of 1965, and its rules and
				regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-008 - REPORTING REQUIREMENTS

Current through June 17, 2024
Each Area Agency on Aging must submit required program and
				  financial reports to comply with state requirements and federal requirements in
				  45 CFR Part 74 and 2 CFR 200, respectively.
008.01
SERVICE REPORTING
				SYSTEM.
Each Area Agency on Aging must use the Aging designated
				Service Reporting System. Service units, activities, and reports must be
				entered or submitted by the Area Agency on Aging by due dates set by the
				Department.
008.02
THIRD PARTY REPORTING.
Each Area Agency on Aging must
				obtain and report necessary information from those sub-recipients and service
				providers with whom they have subawards or contracts.
008.03
AUDITS.
Each
				Area Agency on Aging must obtain and file with the Department an audit report
				in compliance with the Office of Management and Budget (OMB) CFR 200 Part F.
				The audit must be conducted in accordance with generally accepted auditing
				standards.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET › Section 15-2-009 - GRANTS AND REIMBURSEMENT

Current through June 17, 2024
Each Area Agency on Aging is reimbursed, through a subaward,
				  up to 75 percent of the actual cost of providing activities and services as
				  described in its approved Area Plan and budget that are eligible for funding
				  under Neb. Rev. Stat. Sec.
				  81-2222.
009.01
SOURCES.
The
				reimbursements are made from:
(A) State funds
				appropriated to the Department under the Act; and
(B) Federal funds allocated to the
				Department, including funds allocated under the Older Americans Act of
				1965.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules and regulations implement Nebraska Revised
				  Statute (Neb. Rev. Stat.) §§
									81-2229 -
				  81-2235, the Act, which directs the establishment of a statewide system of Care
				  Management Units through the Area Agencies on Aging.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-003 - CERTIFICATION PROCEDURES

Current through June 17, 2024
The Plan of Operation must comply with this Title for Care
				  Management Units, and include all the elements specified in Section 4
				  below.
003.01
PLAN OF
				OPERATION SUBMISSION.
The Care Management Unit must submit the
				Plan of Operation to the State Unit on Aging, as prescribed by the
				Department.
003.02
MULTIPLE CERTIFICATIONS.
An Area Agency on Aging may
				create more than one certified Care Management Unit to serve its Planning and
				Service Area by submitting a Plan of Operation for each Care Management Unit
				for which it plans to provide and supervise or subaward.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-004 - PLAN OF OPERATION

Current through June 17, 2024
Each Plan of Operation for a Care Management Unit must
				  provide the following information:
004.01
REQUIREMENTS.
A statement of the philosophy and goals and objectives of the Care Management
				Unit. The goals and objectives must include a timetable for making care
				management services available in an entire Planning and Service Area of an Area
				Agency on Aging.
004.02
APPROACH OF CARE MANAGEMENT UNIT.
The statement of
				philosophy must detail the approach to be used by the Care Management Unit is:
(A) Involving all support systems of a
				client, including family members, neighbors, or friends;
(B) Utilizing all available care resources
				including community-based services and institutionalization;
(C) Coordinating the delivery of a continuum
				of services;
(D) Assuring that
				persons are receiving, when reasonably possible, the level of care that best
				matches their level of need; and
(E) Person centered.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-005 - DENIAL OF PLAN OF OPERATION AND CERTIFICATION OF A CARE MANAGEMENT UNIT

Current through June 17, 2024
The State Unit on Aging may deny certification for any or all
				  of the following reasons.
(A) Failure
				of the Area Agency on Aging to submit a complete Plan of Operation as outlined
				in these rules and regulations;
(B)
				Failure of the Area Agency on Aging to provide a Plan of Operation reasonably
				calculated to achieve the intent of the Act;
(C) Failure of the Area Agency on Aging to
				provide in the initial Plan of Operation a reasonable time frame for providing
				the opportunity for care management services to all eligible individuals within
				the Planning and Service Area of an Area Agency on Aging; or
(D) The Area Agency on Aging putting into
				effect any change to the Plan of Operation without prior approval from the
				State Unit on Aging.
005.01
PLAN OF OPERATION RESUBMISSION.
The Area Agency on
				Aging may submit a revised Plan of Operation within 30 days of the date that
				the State Unit on Aging mails or otherwise notifies the Area Agency on Aging of
				the denial of certification.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-006 - APPEAL PROCESS

Current through June 17, 2024
A decision by the Department to revoke or deny Certification
				  of a Care Management Unit may be appealed by the Area Agency on Aging by filing
				  a notice of appeal with the Director of the Department within 10 days after
				  postmark of notice by the Department. The appeal follows the procedures of the
				  Administrative Procedures Act, Neb. Rev. Stat. Sec.
				  84-917.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-007 - REAPPLICATION FOR CERTIFICATION

Current through June 17, 2024
If the State Unit on Aging has not yet certified another
				  agency as the Care Management Unit for the geographic area for which a provider
				  has had its certification revoked or denied, the provider may reapply for
				  certification 90 days after the date of the revocation or denial of
				  certification. Revocation becomes final after all appeals under the
				  Administrative Procedures act have expired.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-008 - REVOCATION OF CERTIFICATION

Current through June 17, 2024
The State Unit on Aging may revoke Certification of a Care
				  Management Unit at any time for any of the following reasons:
(A) There is a change in ownership of the
				company or organization operating a Care Management Unit without the prior
				approval of the State Unit on Aging;
(B) The Care Management Unit clients are
				being inadequately served; or that the resources allocated to the Care
				Management Unit by the State Unit on Aging or any other state or federal source
				are being used in violation of the Act or of these rules and
				regulations;
(C) The Care
				Management Unit fails to perform according to the approved Plan of
				Operation;
(D) The Care Management
				Unit fails to provide services to all eligible persons in the Planning and
				Service Area of the Area Agency on Aging as required by the Act, these rules
				and regulations and the Plan of Operation;
(E) The Care Management Unit is not a
				separate operation from a Direct Care Program of the Area Agency on
				Aging;
(F) The Care Management Unit
				fails to obtain approval from the State Unit on Aging for a change in its Plan
				of Operation; or
(G) The Care
				Management Unit is in violation of any of these rules and regulations, the Act,
				or any other applicable law.
008.01
SERVING CLIENTS DURING APPEAL.
During an appeal of a
				revocation of Certification, a Care Management Unit may continue to serve
				existing clients. New clients cannot be accepted without prior approval of the
				State Unit on Aging.
008.01(A)
SUSPENSION OF PAYMENTS.
A Care Management Unit will
				not receive reimbursement payments for any time period its certification as a
				Care Management Unit is suspended or revoked. Suspension of reimbursement
				payments will continue during the pendency of any appeal of the suspension of
				reimbursement payments. To the extent. that a suspension is not ultimately
				upheld in an appeal process, reimbursement payments otherwise due for the time
				period at issue will be paid.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-009 - RECERTIFICATION

Current through June 17, 2024
A Care Management Unit that seeks recertification must submit
				  an application for recertification to the State Unit on Aging at least 90
				  calendar days prior to the expiration of each certification period.
009.01
APPLICATION FOR
				RECERTIFICATION.
The Area Agency on Aging must submit an
				application for recertification on the form issued by the State Unit on Aging,
				as prescribed by the Department.
009.02
REVIEW OF APPLICATION FOR
				RECERTIFICATION.
An application for recertification will be
				reviewed on the basis of the results of periodic reviews and onsite
				inspections, including but not limited to a review of files and records and
				visits with clients and cooperating agencies to determine compliance with these
				rules and regulations and the Plan of Operation.
009.03
CERTIFICATION
				EXPIRATION.
Failure to file for recertification results in
				Certification expiration at the end of the current Certification
				period.
009.04
APPROVAL
				OR DENIAL OF RECERTIFICATION.
The basis for approval or denial of
				recertification is set forth in Section 006, Subsections 1 - 4, and Section
				008, Subsections 1 - 7 of this section of this Title, and is based upon the
				results of the review conducted in Subsection 2 of this section and an
				evaluation of the performance of the Care Management Unit in meeting its goals
				and objectives outlined in its approved Plan of Operation.
009.05
APPEAL
				PROCEDURES.
In case of a denial, appeal procedures are set forth
				in Section 7.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-010 - FEE SCALE

Current through June 17, 2024
Each Care Management Unit must use the fee scale as
				  prescribed by the Department.
010.01
POVERTY INDEX.
The State Unit on Aging adopts as its
				poverty index the poverty income guidelines issued by the U.S. Department of
				Health and Human Services.
010.02
FEE FOR SERVICES.
The Care Management Unit shall
				inform the individual of the fee for services prior to the delivery of
				services. Monthly statements of the services rendered and prior balance
				receivable, charges at full fee, sliding fee scale adjustments, payments
				received and ending balance receivable shall be sent to each client.
010.03
PAYMENT OF
				FEE.
A client whose family income is below 300% of the poverty
				level in the index issued by the Department must pay from 0 to 90 percent of
				the fee for the Care Management Unit services based on the fee scale as
				prescribed by the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 3 - CARE MANAGEMENT UNITS › Section 15-3-011 - REIMBURSEMENT

Current through June 17, 2024
The Department may reimburse a Care Management Unit for
				  costs not required to be paid for by the client and not paid through other
				  sources.
011.01
REIMBURSABLE SERVICES.
A casework time unit is one
				hour of reimbursable service by a Care Management Unit for a client. The
				reimbursable services are consultation, assessment, Care Plan development and
				coordination, referral of a client to other agencies and services, and Care
				Plan review and monitoring.
011.02
VALUE OF TIME UNITS.
The value of a casework time unit
				is calculated by dividing all expenses by the number of actual casework time
				units to be delivered by a Care Management Unit during the fiscal year as
				approved by the State Unit on Aging in the budget for the Care Management
				Unit.
011.03
REIMBURSABLE TIME.
The reimbursable amount of a
				casework time unit is based upon the difference between actual value of a
				casework time unit less fees required to be paid for by the client, payment
				from Medicaid and other third-party payers, and other sources of income to the
				Care Management Unit as specified in the Act.
011.04
MAXIMUM REIMBURSABLE
				AMOUNT.
The maximum reimbursable dollar amount per casework time
				unit follows the fee schedule as prescribed by the Department, however, the
				maximum reimbursement must not exceed the cost of an actual casework time unit
				minus costs required to be paid for by the client or through other
				reimbursement specified in the Act.
011.05
REIMBURSEMENT
				LIMIT.
The State Unit on Aging provides reimbursement only up to
				the limit of funds appropriated to the State Unit on Aging under the Act and
				may not exceed the approved budget and projected actual casework time units in
				a Care Management Unit's Plan of Operation.
011.06
VERIFICATION OF SERVICES
				DELIVERED.
In requesting reimbursement, the Care Management Unit
				grants authority to the State Unit on Aging to verify the service delivered to
				the client by inspecting individual client files and records which must be
				maintained in the client files and records which must be maintained in the Care
				Management Unit office, to verify costs allocated to the casework time unit,
				and to verify total income from an individual or client and from other sources.
011.06(A)
NON REIMBURSABLE UNITS
				OR COSTS.
A Care Management Unit may seek reimbursement from the
				State Unit on Aging for otherwise allowable costs, except for costs required to
				be paid by the client or those that are paid by another person or
				entity.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules and regulations implement Nebraska Revised
				  Statute (Neb. Rev. Stat.) Sec.
				  81-2201
				  to
				  81-2227
				  (the Act) and the Older Americans Act of 1965 (OAA), Title III-A and Title
				  III-C.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-003 - GENERAL AREA AGENCY ON AGING REQUIREMENTS

Current through June 17, 2024
003.01
REQUIREMENTS.
An Area Agency on Aging nutrition program must:
(A) Provide meal services at locations and
				according to the frequency as prescribed by the State Unit on Aging and the
				Older Americans Act of 1965, Title III-C;
(B) Comply with all applicable law, including
				the United States Department of Labor -Occupational Safety and Health
				Administration rules;
(C) Provide
				Nutritional Education approved by a Registered Dietitian or by a publicly
				recognized nutrition organization as prescribed by the Department. Nutrition
				education must be delivered to individuals at both congregate sites and through
				home delivered meal programs at least one time per year;
(D) Self-monitor all meal sites within each
				service area at least annually and as otherwise appropriate; and
(E) Have appropriate arrangements in place
				for emergency and disaster relief.
(F) Nutrition counseling can only be provided
				by a Registered Dietitian in good standing. A Medical Nutrition Therapy License
				is required if a client's nutritional status is medically assessed, treated,
				and monitored. If permitted and available, compliant distance programs may be
				used for Nutrition Counseling for individuals who cannot attend face-to-face
				sessions. Procedures must be compliant with Code of Federal Regulations (CFR)
				45 Sec.160, Sec.162, Sec.164, and all applicable law.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-004 - REIMBUREMENT REQUIREMENTS FOR MEALS

Current through June 17, 2024
004.01
REQUIREMENTS.
An Area Agency on Aging is eligible for
				reimbursement at the cost of one meal served per present eligible individual
				per meal time. Meal costs are determined by each Area Agency on Aging. Costs
				must be allowable, reasonable, and allocable and must be compliant with CFR 200
				Subpart E, the Nebraska Community Services Act, as prescribed by the
				Department, and all applicable law.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-005 - NON-DUPLICATION OF SERVICES

Current through June 17, 2024
005.01
REQUIREMENTS.
An Area Agency on Aging must not
				duplicate services between or among the Nutrition Services Incentive Program
				and Title III-C with Medicaid Waiver, Title VI, Title XX, or other governmental
				sources. An Area Agency on Aging must properly record all eligible and
				non-eligible individual meals in its reimbursement report to the State Unit on
				Aging.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-006 - NUTRITION SERVICES INCENTIVE PROGRAM

Current through June 17, 2024
006.01
REIMBURSEMENT.
Nutrition Services Incentive Program
				funds can only reimburse an Area Agency on Aging for meals that:
(A) Are served to eligible
				individuals;
(B) Are served to the
				spouses of participating eligible individuals and volunteers of any age who are
				involved directly with the meal service; and
(C) Are derived from domestically produced
				foods.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-007 - MEAL SITE OPERATIONS

Current through June 17, 2024
007.01
OPERATIONS.
An Area Agency on Aging operating a meal
				site must.
(A) Ensure the meal site building
				and location are:
(i) Compliant with local
				building and safety codes, the Americans with Disabilities Act and all
				applicable law;
(ii) Equipped with
				cleaning solutions and equipment for general cleaning and sanitation;
(iii) Accessible and have
				connections to proper waste disposal, potable drinking water, electricity and
				the means to access services for equipment repair and building maintenance; and
(iv) Maintaining meal preparation,
				cooking, storage, dining and restroom areas to be clean and free from pests and
				debris;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-008 - FOOD SAFTY AND REGULATIONS

Current through June 17, 2024
008.01
FOOD SAFETY TRAINING.
An Area Agency on Aging
				operating a meal site must utilize the food safety training program as
				specified by the Nebraska State Unit on Aging, the Nebraska Food Code, the Food
				and Drug Administration's Food Code, local food codes, and all applicable
				law.
008.02
FOODBORNE
				ILLNESS.
An Area Agencies on Aging operating a meal site must
				report any outbreak of suspected foodborne illness to local health departments
				and the State Unit on Aging.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-009 - CONGREGATE MEAL SITES

Current through June 17, 2024
009.01
PROCEDURES.
Each Area Agency on Aging operating a meal
				site must:
(A) Institute and maintain
				appropriate procedures for collecting feedback from individuals about the
				services received; and
(B) Ensure
				the provision of a meal to an eligible individual who has failed to make a
				reservation, when sufficient food is available.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-010 - CONGREGATE MEAL ELIGIBLE INDIVIDUALS AND OPERATIONS

Current through June 17, 2024
010.01
REQUIREMENTS.
Each Area Agency on Aging operating a congregate meal site must:
(A) Give each eligible individual who
				receives a meal the opportunity to contribute to the cost of the
				meal;
(B) Develop a suggested
				contribution and consider the income ranges of the older individuals in the
				community and the Area Agency on Aging's other sources of income;
(C) Post a conspicuous sign near the
				contribution box at each congregate meal site that indicates the suggested
				contribution for participating eligible individuals and that this amount is a
				required contribution from participating non-eligible individuals;
(D) The spouse of an eligible older adult
				congregate meal individual can also participate in the congregate meal
				program;
(E) An eligible individual
				cannot be denied participation because of failure or inability to
				contribute;
(F) Ensure that the
				amount of an eligible individual's contribution, if any, is kept confidential;
				and
(G) Establish written
				procedures that include at least weekly deposits and dual control of financial
				transactions to protect contributions and fees from loss, mishandling, and
				theft. Procedures must be kept on file on-site when feasible and at the
				providers office when not feasible; and
(H) Use all income received in contributions
				to increase the number of meals served.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-011 - POTENTIALLY HAZARDOUS FOODS

Current through June 17, 2024
011.01
ALLOWENCE AND PROCEDURES.
Each Area Agency on Aging
				operating a meal site must allow individuals to take away foods that are not
				potentially hazardous. Centers should have a visible sign that discourages the
				removal of potentially hazardous foods located at the meal site. Potentially
				hazardous foods are defined by the Nebraska Food Code.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-012 - SUGGESTED CONTRIBUTION BOX SPECIFICATIONS

Current through June 17, 2024
012.01
MEAL SITES.
Each Area Agency on Aging operating a meal site must protect each suggested
				contribution box with a barrier that shields an individual's declaration or
				non-declaration from other individuals.