reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-008 - DETERMINATION OF GOOD CAUSE

Current through June 17, 2024
The recipient will be notified in writing whether the Department has
	 determined good cause exists. As long as good cause exists, no actions will be
	 taken to establish paternity or secure support unless the Department determines
	 that support enforcement may proceed without the participation of the
	 recipient, caretaker, or other relative. If such a determination is made, the
	 recipient, caretaker, or other relative will not be required to be involved
	 with any undertaking to establish paternity or secure
	 support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-009 - EFFECT OF GOOD CAUSE DETERMINATION

Current through June 17, 2024
The good cause determination extends to all parties involved in the
	 case. If the Department determines that good cause exists, IV-D services will
	 not be provided to any party to the case unless the Department determines that
	 support enforcement may proceed without the participation of the recipient,
	 caretaker, or other relative who showed good cause.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-010 - SANCTIONS FOR FAILURE TO COOPERATE

Current through June 17, 2024
Failure to cooperate in good faith can result in sanctions being
	 imposed by the Department relating to receiving public assistance,
	 discontinuation of IV-D services, or both.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-011 - ENTIRE HOUSEHOLD NOT DISQUALIFIED

Current through June 17, 2024
Any disqualification related to child support cooperation shall not
	 apply to the entire household. The income and resources of the disqualified
	 individual shall be handled in accordance with
	 7 CFR
	 273.11.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-012 - RIGHTS AND OBLIGATIONS UNDER FEDERAL LAW

Current through June 17, 2024
All requirements for cooperation with child support enforcement by
	 custodial parents and non-custodial parents shall be in accordance with
	 7 CFR
	 273.11.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 4 - BENEFITS › Section 475-4-001 - CALCULATING BENEFITS

Current through June 17, 2024
Benefit levels for all households are based on each household's net
	 income and household size.
001.01
INITIAL CERTIFICATION.
Benefits are prorated from the
  application filing date at initial certification. The eligibility determination
  for a household submitting an initial application is based on circumstances for
  the entire application month. A household's benefit level for the initial month
  will be based on the day of the month on which the household files the
  application. Benefits will be prorated from the application filing date to the
  end of the month.
001.02
RECERTIFICATION.
When the household files a new
  application prior to the expiration of their certification period, benefits are
  not prorated. Unless there has been a break in benefits, households are not
  entitled to expedited services at recertification. When the household files a
  new application after the expiration of their certification period, benefits
  are prorated from the application filing date. Migrants and seasonal farm
  workers' benefits are not prorated unless there has been a break in service of
  more than one month. The Department determines eligibility and benefit level at
  the time of recertification by considering the household's circumstances as
  anticipated for the certification period following the expiration of the
  current certification period.
001.03
ELIGIBILITY FOLLOWING
  APPLICATION MONTH.
The Department will use the same application to
  deny a case for the initial month and to approve the case for the following
  month when both of the following conditions are met and actions are completed
  at the same time:
(A) The household is
  ineligible for the program in the month of application; and
(B) The household is eligible for the program
  in the following month.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 4 - BENEFITS › Section 475-4-003 - NOTICES

Current through June 17, 2024
The household will be provided with a notice as soon as a
	 determination of eligibility is made but no later than 30 days after the date
	 the application was filed.
003.01
NOTICE OF ELIGIBILITY.
If an application is approved,
  the household will be provided a notice of eligibility which includes the
  amount of the allotment, the reporting category, and the beginning and ending
  dates of the certification period. This eligibility notice will inform the
  household of:
(A) Variations in the benefit
  level based on changes anticipated at the time of certification;
(B) The initial and following month's
  benefits if the first issuance contains benefits for the month of application
  and the following month;
(C) The
  initial month's benefits and aggregate benefits, if a combined allotment will
  be issued to an expedited household;
(D) The household's right to a fair hearing
  including information about free legal services available and the telephone
  number of the Department;
(E) The
  reporting requirements for households assigned to Simplified Reporting:
(i) The household's total gross monthly
  income exceeds the maximum gross monthly income limit for the household size;
  or
(ii) A non-exempt Able Bodied
  Adult Without Dependents household member's work, volunteer, or work program
  hours decrease to below 20 hours per week or below a total of 80 hours per
  month;
(F) The
  non-reporting requirements for the household in the Transitional Benefit
  Reporting category;
(G) The need to
  reapply for continued participation at the end of the certification period;
  and
(H) The need for a household
  entitled to expedited services to provide any remaining required verification
  necessary to continue benefits.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 4 - BENEFITS › Section 475-4-005 - MASS CHANGES

Current through June 17, 2024
The following rules apply to mass changes.
005.01
FEDERAL AND STATE
  ADJUSTMENTS.
Adjustments to eligibility standards, allotments,
  deductions, standard utility allowances, and standard shelter allowances will
  go into effect for all households at a specific point in time. The Department
  may not send notices for these changes. These mass changes will be publicized
  through the news media, posters in certification offices, or through general
  notices provided to the households.
005.02
MASS CHANGES IN STATE
  GRANTS.
When the Department makes an overall adjustment to state
  grant payments, the Department will handle adjustments to Supplemental
  Nutrition Assistance Program benefits as a mass change using the following
  procedures:
(1) If the Department knows of
  the change at least 30 days before it is effective, the benefits will be
  recomputed to be effective in the same month as the grant change; or
(2) If the Department does not have 30 days
  notice of the change, the change will be effective no later than the month
  following the month of the grant change.
005.02(A)
NOTICE FOR MASS
  CHANGE.
A timely notice is not required as a result of a mass
  change in the state grant, however, the household will be informed of the
  change. If a household requests a fair hearing, benefits will be continued at
  the former level only if the issue being appealed is the incorrect computation
  of Supplemental Nutrition Assistance Program eligibility or benefits.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 4 - BENEFITS › Section 475-4-006 - RESTORED BENEFITS

Current through June 17, 2024
Benefits will be restored to households when they do not receive all
	 of the benefits to which they were entitled because:
(A) The Department made a mistake;
(B) An intentional program violation
  disqualification is later reversed;
(C) It is required by court order;
  or
(D) Federal regulations
  specifically require it.
006.01
RESTORED BENEFIT REQUIREMENTS.
Benefits are restored
  as soon as possible and will be completed no later than 30 days from the date
  the agency error was discovered. Benefits will be restored even if the
  household is not currently eligible or participating in the program. The amount
  restored will be in addition to any current benefit the household is entitled
  to receive. However, if the household has a prior unpaid accounts receivable,
  that amount is offset from the restored amount, and the remainder, if any, is
  restored to the household.
006.02
TIMEFRAME FOR RESTORED BENEFITS.
Restored benefits are
  not calculated for more than 12 months before the month of the date of
  discovery, unless court ordered. Underpayments caused by agency error will be
  restored; however, underpayments caused by the household are not
  restored.
006.03
CHANGES IN HOUSEHOLD COMPOSITION.
If the household
  composition changes before benefits can be restored, benefits will be restored
  to the household containing the majority of individuals who were household
  members at the time the underpayment occurred. If the household containing the
  majority of members cannot be located, benefits will be restored to the
  individual who was the head of the household at the time the underpayment
  occurred.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 4 - BENEFITS › Section 475-4-008 - ALLOTMENT REDUCTION OR CANCELLATION PROCEDURES

Current through June 17, 2024
If federal funds for Supplemental Nutrition Assistance Program run out
	 before the end of a fiscal year, it is possible that Supplemental Nutrition
	 Assistance Program benefits would have to be reduced or cancelled. This section
	 details these procedures.
008.01
BENEFIT REDUCTIONS.
If a reduction in benefits is
  necessary, the amounts for each household size will be reduced by the same
  percentage. All one and two-person households affected by a reduction are
  guaranteed the minimum monthly benefit unless the action is:
(A) A cancellation of benefits; or
(B) A national reduction of 90% or more of
  the total amount of benefits.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 5 - ELECTRONIC BENEFITS TRANSFER CARD ISSUANCE AND ACCOUNTABILITY › Section 475-5-001 - CARD ISSUANCE REQUIREMENTS

Current through June 17, 2024
At initial application, an Electronic Benefits Card will be sent to
	 the household. The cards are sent in the United States mail. Individuals
	 without a mailing address may receive their cards at a local office. The
	 household will not receive any funds on the card until the household is
	 certified.
001.01
TIME
  STANDARDS FOR BENEFIT AVAILABILITY.
The following standards apply
  to Supplemental Nutrition Assistance Program benefit availability for eligible
  households.
001.01(A)
INITIAL
  CERTIFICATION.
No later than 30 calendar days after a household or
  its representative files an application:
(1)
  A household's eligibility will be determined; and
(2) An eligible household will receive an
  Electronic Benefit Transfer card; and
(3) An eligible household will have funds
  available on its card.
001.01(A)(i)
ELECTRONIC BENEFITS TRANSFER CARD MAILING TIME.
The
  30-day time limit includes allowing a household time to receive its Electronic
  Benefit Transfer card.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 5 - ELECTRONIC BENEFITS TRANSFER CARD ISSUANCE AND ACCOUNTABILITY › Section 475-5-002 - REPLACEMENTS

Current through June 17, 2024
002.01
ELECTRONIC BENEFIT
  TRANSFER CARD REPLACEMENTS.
The household is responsible for
  notifying the Department or the Electronic Benefit Transfer card contractor as
  soon as possible when a card is lost, stolen or damaged. Electronic Benefit
  Transfer cards will be replaced within five days following the request of
  replacement by the household.
002.02
BENEFIT
  REPLACEMENT.
A household must report a lost or stolen card
  immediately. When reported, an immediate hold will be placed on the account and
  no further benefits can be accessed with that card. At the time of report, the
  household can request a replacement card. No benefits will be replaced.
  Benefits that remained on the card at the time it was reported as lost or
  stolen will be transferred to the new card.
002.03
FOOD DESTROYED IN A
  DISASTER.
In cases when food purchased with Electronic Benefit
  Transfer benefits is destroyed in a disaster affecting a participating
  household, that household may be eligible for the replacement of the actual
  value of loss, not to exceed the household's one month allotment. The loss must
  be reported within ten days of the occurrence and the household's disaster must
  be verified.
002.03(A)
HOUSEHOLD
  STATEMENT OF LOSS.
Prior to issuing a replacement, the recipient
  must provide the Department a signed statement attesting to the household's
  loss from the household. The statement must be received within 10 days of the
  date of report. If the 10th day falls on a weekend
  or holiday and the statement is received the day after the weekend or holiday
  then the request will still be considered received timely.
002.03(B)
DISASTER REPLACEMENT
  ELIGIBILITY.
This policy applies in cases of natural disasters
  affecting more than one household, as well as individual household disasters,
  such as fire, or power outage lasting more than four hours for refrigerated
  food or twenty-four hours for frozen food. There is no limit on the number of
  replacements for food purchased with Supplemental Nutrition Assistance Program
  benefits which were destroyed in a household misfortune.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 5 - ELECTRONIC BENEFITS TRANSFER CARD ISSUANCE AND ACCOUNTABILITY › Section 475-5-003 - ELECTRONIC BENEFIT TRANSFER ACCOUNT AGING

Current through June 17, 2024
Account aging occurs when a household has not used the benefits in
	 their Electronic Benefit Transfer account.
003.01
INACTIVE ELECTRONIC
  BENEFIT TRANSFER ACCOUNT.
An inactive account is an account that
  has not had a debit transaction in the past 365 days. The household will
  continue to have access to all benefits remaining in their Electronic Benefit
  Transfer account until the benefits are expunged from the account.
003.01(A)
EXPUNGED ELECTRONIC
  BENEFIT TRANSFER ACCOUNT.
An expunged account is an account that
  is inactive. The Issuance and Collection Center can apply any expunged benefits
  to any outstanding Accounts Receivable the household may have.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 1 - INTRODUCTION › Section 476-1-001 - Scope and Authority

Current through June 17, 2024
The Nebraska Low Income Home Energy Assistance Program is authorized by
	 the Energy Policy Act of 2005, 42 United States Code §§ 8621-8630 and
	 45 Code of Federal Regulations § 96. The program is funded through annual
	 federal appropriations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 1 - INTRODUCTION › Section 476-1-002 - Purpose

Current through June 17, 2024
The Low Income Home Energy Assistance Program helps low-income
	 households by providing financial assistance to offset the costs of heating and
	 cooling. The Low Income Home Energy Assistance Program particularly helps
	 households that pay a high portion of household income for home energy to meet
	 immediate home energy needs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 1 - INTRODUCTION › Section 476-1-004 - Definitions

Current through June 17, 2024
The following definitions apply:
004.01
AGENCY CAUSED
  OVERPAYMENT.
An overpayment caused by the Department's error or
  failure to take action.
004.02
APPLICATION DATE.
The date the Department receives a
  signed application or request to add Low Income Home Energy Assistance Program
  to a household's current economic assistance case.
004.03
AVAILABLE FUNDS.
The amount of funding appropriated to the Department for the Low
  Income Home Energy Assistance Program for each federal fiscal year.
004.04
COOLING SEASON.
June 1 through August 31 of each federal fiscal year.
004.05
CRISIS SITUATION.
A household that is under immediate threat of loss of home energy
  because it has received a shut off notice, had utilities discontinued, lacks
  energy service delivery, or anticipates removal from a provider's budget
  plan.
004.06
ECONOMICALLY-VULNERABLE HOUSEHOLD.
A household that is
  unprotected from increases in energy costs, and, therefore, must use its own
  resources to meet energy cost increases.
004.07
HEATING SEASON.
October 1 through March 31 of each federal fiscal year.
004.08
HOME ENERGY.
A source of residential heating or cooling.
004.09
HOUSEHOLD.
A
  person or group of people living together as one economic unit for whom
  residential energy is customarily purchased in common or paid through
  rent.
004.10
INTENTIONAL PROGRAM VIOLATION.
An action by a person
  to receive, or attempt to receive, benefits to which the person is not entitled
  by:
(A) Making a false statement, either
  verbally or in writing;
(B)
  Concealing information; or
(C)
  Altering one or more documents.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 1 - INTRODUCTION › Section 476-1-006 - Program Funding

Current through June 17, 2024
For each program year, the Department accepts and processes
	 applications and crisis assistance requests according to the earliest
	 application date until the Department determines that pending payments will
	 exhaust the available funds for that program year. Upon making this
	 determination, the Department will accept no more applications or crisis
	 requests for that program year.
006.01
EXCESS FUNDING.
If the Department determines that
  available funds for a program year will exceed pending payments, the Department
  will allocate to eligible households supplemental payments as determined by the
  Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 476-2-001 - APPLICATION

Current through June 17, 2024
To apply for the Low Income Home Energy Assistance Program, a household
	 must complete an agency-approved application or ask the Department to add a
	 request for the Low Income Home Energy Assistance Program to the household's
	 current economic assistance case.
001.01 APPLICATION PROCESSING. If the
  household fails to provide requested documentation within the specified
  timeframe, the household application may be denied or an eligibility
  determination may be delayed.
001.02 APPROVAL. An approved application
  provides household eligibility for the remainder of the program year,
  notwithstanding changes in household income or composition.
001.03 RE-APPLICATION. To re-apply after a
  denial, a household must submit a new application or request.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 476-2-003 - COOLING ASSISTANCE

Current through June 17, 2024
To qualify for cooling assistance, a household must qualify for the Low
	 Income Home Energy Assistance Program and include a household member
	 who:
(A) Is a child under age 6 who
  receives Aid to Dependent Children;
(B) Is age 70 or older;
(C) Has a severe illness or condition which
  is aggravated by extreme heat as verified by a medical statement signed by a
  licensed healthcare provider; or
(D) Has received an air conditioner from the
  Department within four years of the application date.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 476-2-004 - CRISIS ASSISTANCE

Current through June 17, 2024
To qualify for crisis assistance, a household must be eligible for the
	 Low Income Home Energy Assistance Program, be in a crisis situation, and have
	 an unanticipated inability to pay home energy costs within the most recent 90
	 days the household has experienced:
(A) An unanticipated medical or household
  expense;
(B) A significant,
  permanent and involuntary loss of work hours, wages, or employment;
(C) The departure of a primary wage
  earner;
(D) The inability of a
  primary wage earner to work because of illness or injury; or
(E) A significant income loss because of the
  death of a household member.
004.01
  DISCRETION. A household may also be eligible for an unspecified crisis related
  to a loss of income or inability to pay as determined in the Department's
  discretion.
004.02 INELIGIBILITY.
  Crisis assistance ineligibility reasons are listed below.
004.02(A) NON-COOPERATION. A household is
  ineligible for crisis assistance during any period a household member is under
  a sanction for non-cooperation with Child Support Enforcement or the Aid to
  Dependent Children-Employment First program.
004.02(B) OVERPAYMENT STATUS. A household is
  ineligible for crisis assistance to pay any bill incurred during any period a
  household is in overpayment status.
004.02(C) INTENTIONAL PROGRAM VIOLATION. A
  household is ineligible for crisis assistance to pay any bill incurred during
  any period a household member is under a sanction for an intentional program
  violation.
004.03
  ALTERNATE SOURCES OF CRISIS ASSISTANCE. The Department provides a client who is
  denied crisis assistance with information about potential alternate sources of
  assistance.
004.04 DEPOSIT OR
  RECONNECT FEES. To qualify for assistance with a deposit or reconnect fee, the
  household must be eligible for crisis assistance and must have received no
  deposit or reconnect assistance for the same fuel type within the previous 36
  months, unless extenuating circumstances exist in the Department's
  discretion.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 476-2-005 - FURNACE OR AIR CONDITIONER REPAIR OR REPLACEMENT ASSISTANCE

Current through June 17, 2024
Qualifications for furnace or central air conditioner repair or
	 replacement assistance and window air conditioner assistance are listed
	 below.
005.01 FURNACE OR CENTRAL AIR
  CONDITIONER. To qualify for repair or replacement assistance for a furnace or
  central air conditioner in a home owned or being purchased by a household, the
  household must be eligible for Low Income Home Energy Assistance Program
  heating or cooling assistance, provide documentation that emergency repair or
  replacement is necessary, provide estimates for the cost of repair or
  replacement as requested by the Department, and have received no repair or
  replacement assistance for a furnace or air conditioner within the previous 60
  months, unless extenuating circumstances exist as determined in the
  Department's discretion.
005.02
  WINDOW AIR CONDITIONER. To qualify for assistance to purchase a window air
  conditioning unit, the household must be eligible for cooling assistance,
  provide estimates for the cost of purchase as requested by the Department, and
  have received no assistance to purchase a window air conditioning unit within
  the previous 60 months, unless extenuating circumstances exist as determined in
  the Department's discretion.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 2 - APPLICATION AND ELIGIBILITY › Section 476-2-006 - NOTICE TO HOUSEHOLD

Current through June 17, 2024
The Department sends written notice to households informing of
	 eligibility determinations.
006.01
  APPROVAL. When a household is approved for assistance, the Department sends
  written notice indicating:
(A) The Department
  has made a payment to a provider on behalf of the household; or
(B) The payment schedule by which the
  Department will make payment to the household.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 3 - PAYMENTS › Section 476-3-001 - Types

Current through June 17, 2024
The Department makes the following types of Low Income Home Energy
	 Assistance Program payments:
(A)
  Heating;
(B) Cooling;
(C) Crisis assistance;
(D) Furnace or air conditioner repair or
  replacement assistance; and
(E)
  Supplemental, as determined by the Department based upon funding
  availability.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 3 - PAYMENTS › Section 476-3-002 - Payment Recipients

Current through June 17, 2024
Payment recipient information is below.
002.01
PROVIDER.
The
  Department makes payment on behalf of an eligible household directly to a
  provider. To ensure payment, a household must provide the Department with the
  applicable provider name and account number.
002.01(A)
REFUND.
If
  a household disconnects service from a provider that has received payment from
  the Department on the household's behalf, and at the time of the disconnect the
  household has a credit balance with the provider, the provider will refund the
  full credit balance to the Department. If the most recent payment by the
  Department to the provider on behalf of the household occurred before the
  current program year, the Department will remit the full credit amount to the
  household. If the most recent payment by the Department to the provider on
  behalf of the household occurred during the current program year, the
  Department will remit to the household the difference between the credit
  balance and the total amount of all payments by the Department to the provider
  on behalf of the household during the program year, if any.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 3 - PAYMENTS › Section 476-3-003 - Payment Amounts and Requirements

Current through June 17, 2024
Payment amount and requirement information is below.
003.01
HEATING AND COOLING
  PAYMENTS.
The Department makes heating and cooling payments
  according to the tables published in the Low Income Home Energy Assistance
  Program Guidance Document, which are based upon the federal poverty level and
  the following factors:
(1) Fuel
  type;
(2) Household
  income;
(3) Household size;
  and
(4) Whether the household
  resides in a single-family arrangement or a multi-family arrangement.
003.01(A)
REDETERMINATION.
The Department can redetermine a
  household's payment level only if the household experiences a change in
  composition or a significant change in income, and only if such change causes
  the payment level to increase.
003.01(B)
PAYMENT TO HOUSEHOLD
  FOR PROPANE, FUEL OIL, OR KEROSENE.
When the Department makes
  payment directly to a household for propane, fuel oil, or kerosene, it will
  make a payment for $500 or less in one lump sum and more than $500 in two equal
  installments over a two-month period.
003.01(C)
PAYMENT TO HOUSEHOLD
  FOR ELECTRICITY OR NATURAL GAS.
When the Department makes payment
  directly to a household for electricity or natural gas, it will make a payment
  of $150 or less in one lump sum and more than $150 in two equal installments
  over a two-month period.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Chapter 3 - PAYMENTS › Section 476-3-004 - Incorrect Payments

Current through June 17, 2024
Incorrect payment information is below:
004.01
UNDERPAYMENTS.
The Department must correct any
  underpayment upon discovery.
004.02
OVERPAYMENTS.
Overpayment information is below.
004.02(A)
AGENCY CAUSED
  OVERPAYMENTS.
he Department will not recoup agency caused
  overpayments.
004.02(B)
CLIENT CAUSED OVERPAYMENTS.
Overpayments inadvertently
  caused by a household or caused by an intentional program violation are treated
  as follows:
(i) The Department will take no
  action to recoup an overpayment of less than $100.
(ii) The Department will place a household
  that has received an overpayment of $100 or more into overpayment status until
  the overpayment has been fully recouped. The Department will recoup an
  overpayment by reducing the Low Income Home Energy Assistance Program benefits
  of a household in overpayment status.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 2 - OVERVIEW OF ELIGIBILITY REQUIREMENTS › Section 477-2-001 - PRIMARY ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
To be eligible for Medicaid, an individual must satisfy the
	 requirements of the following eligibility criteria, as applicable:
1. Application;
2. U.S. citizenship or alien status (see
  Appendix 477-000-003 and 477-000-004);
3. Nebraska residence;
4. Social Security number;
5. Age (limited to ABD, Former Foster Care,
  Children, 599 CHIP, Former Ward, Women's Cancer Program);
6. Dependent Child;
7. Relative responsibility;
8. Assignment of Third-Party
  Resources;
9. Cooperation with the
  Child Support Enforcement Office (see Appendix 477-000-005);
10. Living arrangement;
11. Resources (for exceptions see 477 NAC
  17-001);
12. Income (see Appendix 477-000-012);
  and
13. Categorical Eligibility
  Factors.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the services provided under Nebraska's
	 Medicaid program as defined by the Medical Assistance Act, Nebraska Revised
	 Statute §
									68-901
	 et seq.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-003 - APPLICANT AND CLIENT RIGHTS

Current through June 17, 2024
All applicants and clients have the following rights:
(A) The right to have the Medicaid
  application process and the Medicaid requirements, responsibilities, and
  benefits reasonably explained by the Department, including by written
  translations, oral interpretation, and taglines for individuals with
  disabilities or limited English proficiency;
(B) The right to have other potential sources
  of assistance explained by the Department, including, as applicable: income
  that may be currently or potentially available such as Retirement, Survivors,
  and Disability Insurance (RSDI), Supplemental Security Income (SSI), or,
  Veteran's Assistance benefits (VA); social and other financial services
  available through the Department, such as social services, Early Periodic
  Screening, Diagnosis, and Treatment (EPSDT), and family planning; and receive a
  referral to other agencies, if appropriate;
(C) The right to have his or her civil rights
  upheld. No applicant or client may be subjected to discrimination on the
  grounds of race, color, national origin, sex, age, disability, religion,
  political belief, or any other classification protected by law;
(D) The right to be offered the opportunity
  to register to vote ;
(E) The right
  to submit an application or have an application submitted by an authorized
  representative;
(F) The right to
  have his or her application and any personal information treated confidentially
  according to the applicable privacy laws;
(G) The right to receive reasonably prompt
  action on his or her application which is pending. A determination of
  eligibility must be made by the Department about an application within 45 days
  of the date the complete and signed application has been received by the
  Department; except for applications under the disability category, for which a
  determination of eligibility must be made within 90 days;
(H) The right to receive adequate notice of
  any action affecting his or her application or benefit; and
(I) The right to appeal to the Director for a
  hearing about any action or inaction regarding his or her application, or
  failure to act with reasonable promptness. Any appeal must be filed with the
  Department in writing within 90 days of the decision date.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-004 - APPLICANT AND CLIENT RESPONSIBILITIES

Current through June 17, 2024
Each applicant or client is required to:
(A) Provide complete and accurate
  information. State and federal law provides penalties that may include a fine,
  imprisonment, or both, for persons found guilty of making false statements or
  failing to report promptly any changes in their circumstances to obtain
  assistance or services for which they are not eligible;
(B) Report a change in circumstances no
  later than 10 days following the change. This includes information regarding:
(i) Change or receipt of a resource including
  cash, stocks, bonds, or a motor vehicle. Changes in resources do not apply to
  clients whose eligibility is determined using modified adjusted gross income
  (MAGI)-based methodology;
(ii)
  Change in unit composition, such as the addition, loss of, or temporary absence
  of a unit member;
(iii) Change in
  residence;
(iv) Living
  arrangement;
(v) Disability
  status;
(vi) New employment;
(vii) Termination of employment;
  or
(viii) Change 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, or in employment status, such as
  part-time to full-time or full-time to part-time.
(a) For reporting purposes, full-time
  employment is considered at least 30 hours per week. The client must report new
  employment within 10 days of receipt of the first paycheck, and a change in
  wage rate or hours within 10 days of the change. To avoid adverse action, a
  client must prove good cause for any failure to report a change to the
  Department within 10 days. Unconfirmed statements do not constitute good cause;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-005 - APPLICATION

Current through June 17, 2024
005.01
APPLICATION
  SUBMITTAL.
An application may be submitted by an applicant, an
  adult member of the applicant's immediate family, an adult member of the
  applicant's tax household, an authorized representative, or if the applicant is
  a minor or incapacitated, someone acting responsibly for the applicant. A
  medical provider may submit an application on behalf of an individual whom the
  provider is treating if the individual is unconscious or otherwise unable to
  apply and does not have an existing power of attorney or court-appointed
  individual to apply on his or her behalf. An application may be signed in
  writing, by telephonic acknowledgment, or by electronic signature. An
  application may be submitted in person, by mail, by telephone, by fax, or by
  electronic submission. An application may be taken on behalf of a deceased
  person, including a miscarriage or a stillborn. If there is no one to represent
  a deceased person, the administrator of the estate may sign the
  application.
005.02
APPLICATION DATE.
An application is considered valid
  the date it is received by the Department if it contains the applicant's name,
  address, and proper signature of the applicant or authorized
  representative.
005.03
APPLICATION WITH A DESIGNATED PROVIDER.
An applicant
  or authorized representative may apply for Medicaid with a designated outreach
  provider or entity which has contracted with the Department to accept Medicaid
  applications at its location.
005.04
ALTERATIONS.
The application, when completed and signed by the applicant or authorized
  representative, constitutes the applicant's own statement regarding
  eligibility. Information may be added to an application up to the decision
  date.
005.05
WITHDRAWALS.
An applicant may voluntarily withdraw an
  application verbally or in writing, which will be confirmed by the Department
  sending a Notice of Action to the applicant or authorized representative
  documenting this voluntary withdrawal.
005.06
NEW
  APPLICATION.
A new application is required after 90 days of
  ineligibility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-006 - AUTHORIZATION FOR INVESTIGATION

Current through June 17, 2024
The Department may request a release of information from the applicant
	 or authorized representative when it appears information is incorrect or
	 inconsistent, when the client is unable to furnish the necessary information,
	 or for sample quality control verification.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-007 - RENEWALS

Current through June 17, 2024
A redetermination of eligibility for continued Medicaid benefits must
	 be completed every 12 months.
007.01
RENEWAL OF ELIGIBILITY FOR MODIFIED ADJUSTED GROSS INCOME (MAGI)
  PROGRAMS.
A renewal of modified adjusted gross income (MAGI)-based
  eligibility shall be completed on the basis of information available to the
  Department without requiring information from the individual. Information will
  only be required from the individual when not available through other sources.
  If information is not available to complete a renewal, a prepopulated renewal
  form shall be sent by the Department to the applicant or authorized
  representative. The completed renewal form and necessary verifications shall be
  returned within 30 days of the date the renewal form was sent. .
007.02
RENEWAL OF ELIGIBILITY FOR
  NON-MODIFIED ADJUSTED GROSS INCOME (non-MAGI) PROGRAMS.
A
  prepopulated renewal form shall be required every 12months for non-modified
  adjusted gross income (non-MAGI) based eligibility renewals.
007.03
RENEWAL FOR SUPPLEMENTAL
  SECURITY INCOME (SSI) RECIPIENTS.
A renewal form is not required
  at the time of renewal for clients who are receiving supplemental security
  income (SSI).
007.03(A)
RENEWAL
  WHEN SUPPLEMENTAL SECURITY INCOME (SSI) IS DISCONTINUED.
If
  supplemental security income (SSI) is discontinued and:
(i) The last application was completed more
  than 12 months from the last month of eligibility for supplemental security
  income (SSI), a determination of eligibility must be completed within the next
  30 days, including completion of an application; or
(ii) It has been less than 12 months since
  completion of the last application, a review of all eligibility requirements
  necessary for continued assistance must be completed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 3 - APPLICATION PROCESS › Section 477-3-008 - CONTINUOUS ELIGIBILITY

Current through June 17, 2024
008.01
CONTINUOUS ELIGIBILITY FOR PREGNANT WOMEN.
Once a
  pregnant woman is determined Medicaid eligible, she remains continuously
  eligible through the post-partum period, regardless of her category of
  eligibility at the time the pregnancy began. Continuous eligibility does not
  apply to pregnant women covered during a period of presumptive
  eligibility.
008.02
CONTINUOUS ELIGIBILITY FOR A NEWBORN.
Children born to
  Medicaid-eligible mothers are deemed eligible for Medicaid and remain Medicaid
  eligible for one year after birth. For 599 Children's Health Insurance Program
  (CHIP), see 477 Nebraska Administrative Code (NAC) 19.
008.03
SIX MONTHS' CONTINUOUS
  ELIGIBILITY FOR CHILDREN.
Children from birth through age 18 are
  eligible for six months of continuous Medicaid from the date of initial
  eligibility. Retroactive months do not count in the six months of continuous
  eligibility unless there is no prospective eligibility. For 599 Children's
  Health Insurance Program (CHIP), see 477 NAC 19.
008.04
CONTINUOUS ELIGIBILITY FOR
  HOSPITALIZED CHILDREN.
Children who are eligible and enrolled in
  Medicaid, and are receiving inpatient services covered by Medicaid on the date
  they lose eligibility due to age are continuously eligible until the end of
  their inpatient stay if the child would remain eligible but for attaining such
  age.
008.05
EXCEPTIONS
  TO CONTINUOUS ELIGIBILITY
(A)
  The child turns 19 years old within six months of initial
  eligibility;
(B) The client moves
  out of state;
(C) It is determined
  original eligibility was based on erroneous or incomplete
  information;
(D) The client
  dies;
(E) The client enters an
  ineligible living arrangement; or 6.
(F) The child or child's representative
  requests voluntary disenrollment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 4 - EFFECTIVE DATE OF MEDICAID ELIGIBILITY › Section 477-4-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the services provided under Nebraska's
	 Medicaid program as defined by the Medical Assistance Act, Nebraska Revised
	 Statute §
									68-901
	 et seq.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 4 - EFFECTIVE DATE OF MEDICAID ELIGIBILITY › Section 477-4-002 - EFFECTIVE DATE OF MEDICAID ELIGIBILITY

Current through June 17, 2024
If an individual is eligible one day of the month, he or she is
	 eligible the entire month.
002.01
EFFECTIVE DATE EXCEPTIONS.
This provision does not
  apply to the following groups:
(A) Emergency
  Medical Services Assistance (EMSA). Individuals eligible under this category
  are eligible only for the dates of the determined emergency medical
  condition;
(B) Presumptive
  eligibility begins on the date the provider completes a presumptive eligibility
  determination; and
(C) Individuals
  who are inmates of a public institution and meet inpatient status in a medical
  institution as defined by 42 Code of Federal Regulations (CFR) 435.1010 are
  only eligible for the dates of a qualifying inpatient stay.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 4 - EFFECTIVE DATE OF MEDICAID ELIGIBILITY › Section 477-4-003 - RETROACTIVE ELIGIBILITY

Current through June 17, 2024
The effective date of Medicaid can be determined up to three months
	 prior to the month of application when the following conditions are met:
(A) Eligibility is determined and a budget
  computed separately for each of the three months;
(i) An applicant may be eligible for any or
  all months of the retroactive period even though ineligible for the prospective
  period. Continuous eligibility may begin in a retroactive month.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 5 - CITIZENSHIP/ALIEN STATUS AND IDENTITY › Section 477-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the services provided under Nebraska's
	 Medicaid program as defined by the Medical Assistance Act, Nebraska Revised
	 Statute § 68 901 et seq.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 5 - CITIZENSHIP/ALIEN STATUS AND IDENTITY › Section 477-5-002 - CITIZENSHIP AND ELIGIBLE NON-CITIZENS

Current through June 17, 2024
In order to be eligible for Medicaid, an applicant or client must be a
	 citizen of the United States or an eligible non-citizen. Citizenship or
	 non-citizen status must be verified through acceptable documentation, as
	 defined by federal regulations. The following individuals meet the criteria for
	 citizenship or eligible non-citizen status:
(A) Citizens or nationals of the United
  States. A child born in the United States is a United States citizen. A newborn
  who was determined to be eligible for Medicaid in the month of birth meets
  citizenship and identity requirements without further verification, including
  newborns whose birth expenses were paid for Emergency Medical Services
  Assistance (EMSA) for non-citizens;
(B) Qualified non-citizens as defined in
  Section 431 of the Immigration and Nationality Act (INA):
(i) A non-citizen who was admitted as a
  lawful permanent resident (LPR) and has resided in the United States for at
  least five calendar years from the date of entry, or who has worked or can be
  credited with 40 qualifying quarters of work. Medicaid-eligible pregnant women
  and children are exempt from the five year bar;
(ii) A refugee admitted to the United States
  under Section 207 of the Immigration and Nationality Act (INA);
(iii) An asylee under Section 208 of the
  Immigration and Nationality Act (INA);
(iv) Victims of a severe form of trafficking,
  as indicated in the Victims of Trafficking and Violence Protection Act of
  2000);
(v) A non-citizen whose
  deportation is withheld under Section 243(h) of the Immigration and Nationality
  Act (INA);
(vi) A non-citizen from
  Cuba or Haiti who was admitted under Section 501(e) of the Refugee Education
  Assistance Act of 1980;
(vii) A
  refugee who entered the U.S. before April 1, 1980, and was granted conditional
  entry;
(viii) A non-citizen who has
  been battered or subjected to extreme cruelty in the United States by a spouse
  or a parent, or by a member of the spouse's or parent's family who is residing
  in the same household as the non-citizen, but only after having resided in the
  United States for at least five calendar years from the date of entry or who
  has worked or can be credited with 40 qualifying quarters of work. The child of
  a battered non-citizen meeting these requirements is also eligible.
  Medicaid-eligible pregnant women and children are exempt from the five year
  bar;