reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all
				  licensees.
005.01
NOTIFICATIONS.
Notification requirements for respite
				care services include:
(A) A Free-standing
				respite care service facility is only required to meet notification
				requirements at 175 NAC 1-005 (A), (D), (E), (F), (G)(i) through (G)(v), and
				must notify the Department in writing at least 30 working days before the
				facility would like to increase license capacity, would like a change in the
				building, would like a change in location, or would like a change in the usage
				of the building; and
(B) A respite
				care service providing care, treatment or services in the home of the consumer,
				caregiver or designee, is only required to meet notification requirements at
				175 NAC 1-005 (A), (D), (E), (G)(i), (G)(iii), must notify the Department in
				writing at least 30 working days before the facility would like to increase
				license capacity or would like a change in location, and must notify the
				Department in writing within 24 hours of a consumer's death which occurred
				while staff were providing, or scheduled to be providing, respite care services
				and the consumer's death was due to:
(i)
				Suicide;
(ii) A violent
				act;
(iii) Drowning; or
(iv) During or immediately after a restraint
				or seclusion was utilized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-006 - CONSTRUCTION

Current through June 17, 2024
When respite care services are provided in the home of the
				  consumer, caregiver, or designee, the construction requirements at 175 NAC
				  1-006 do not apply.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-007 - PHYSICAL PLANT

Current through June 17, 2024
A free-standing respite care service must meet all
				  requirements shown at 175 NAC 1-007 and the additional requirements below. When
				  respite care services are provided in the home of the consumer, caregiver, or
				  designee, the physical plant requirements at 175 NAC 1-007 and 175 NAC 15-007
				  do not apply.
007.01
ENVIRONMENTAL SERVICES.
A licensee operating a
				free-standing respite care service facility must maintain a safe, clean,
				comfortable environment. Every detached building on the same premises used for
				care must comply with these regulations.
007.02
LINENS.
Linens must be provided and maintained in good repair. A written policy must be
				implemented and revised, as necessary, to provide for the safe storage and
				handling of soiled and clean linens.
007.03
FOOD SERVICE.
If food preparation is provided on site there must be dedicated space and
				equipment for the preparation and serving of meals. Such food preparation,
				serving, physical environment, and equipment must comply with the Food
				Code.
007.04
DESIGNED
				AND EQUIPPED.
A site must be designed to meet the needs of
				consumers served. The licensee should consider factors such as appropriate and
				sufficient space, accessibility, equipment, furnishings, lighting, noise
				control, room temperatures, and ventilation.
007.05
LAUNDRY.
If
				laundry services are provided the service may be provided by contract or
				on-site.
(A)
CONTRACT.
If contractual laundry services are used,
				areas for soiled linen awaiting pickup and separate areas for storage and
				distribution of clean linen must be provided and used.
(B)
ON-SITE.
If
				on-site laundry services are provided, areas dedicated to laundry that include
				a washer and dryer must be provided. In new construction, the licensee must
				provide a conveniently located sink for soaking and hand washing of
				laundry.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-008 - RECORDKEEPING

Current through June 17, 2024
All licensees must establish, impement and update, as
				  necessary, policies, procedures and processes for
				  recordkeeping.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-009 - ENVIRONMENTAL SERVICES

Current through June 17, 2024
All licensees operating a free-standing respite care service
				  must establish, implement and update, as necessary, policies, procedures and
				  processes for environmental services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-010 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
To provide adequate protection to consumers and to be in
				  compliance with state statutes, all respite care services must meet the
				  following requirements:
010.01
LICENSEE.
The licensee must determine, implement, and
				monitor policies to assure that the service is administered and managed
				appropriately. The licensee's responsibilities include:
(A) Maintain the respite care service's
				compliance with all applicable state statutes and relevant rules and
				regulations;
(B) Ensure the quality
				of all services and care provided to consumers, whether furnished by the
				respite care service staff or through contract with the respite care
				service;
(C) Ensuring consumers are
				provided with a stable and supportive environment, through respect for the
				rights of consumers and responsiveness to consumer needs;
(D) Ensuring that staff levels are sufficient
				to meet the consumers' needs;
(E)
				Monitoring policies and procedures to assure the appropriate administration and
				management of the respite care service; and
(F) Designating an administrator who is
				responsible for the day to day management of the respite care service and
				defining the duties and responsibilities of the Administrator in
				writing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensing of hospice services under the Health Care Facility Licensure Act, Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									71-401 to  71-475.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
To receive a license, an applicant or licensee must submit a complete application, must meet the hospice service settings and services and staffing requirements below, and meet all requirements set out in statute, in 175 NAC 1-003, and in this chapter.
003.01
HOSPICE SERVICE SETTINGS.
Hospice services may be provided in the home of the consumer or a site that serves as an inpatient hospice facility.
003.02
SERVICES AND STAFFING.
To operate as a hospice service a hospice must be primarily engaged in providing care, treatment and services to terminally ill consumers including bereavement counseling. Hospice services must only be provided in approved counties and must include the following:
(A) Nursing services, physician services, and drugs and biologicals routinely available on a 24-hour basis; and
(B) All other covered services available on a 24-hour basis to the extent necessary to meet the needs of consumers for care, treatment or services that are reasonably necessary for the palliation and management of terminal illness and related conditions.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-004 - INSPECTIONS

Current through June 17, 2024
The hospice service must meet all inspection requirements shown at 175 NAC 1 except when hospice services are provided in the home of the consumer, the physical plant standards and physical plant inspection do not apply to such homes.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all licensees as shown below:
005.01
NOTIFICATIONS.
Notification requirements are shown below:
(A) An inpatient hospice facility must meet notification requirements at 175 NAC 1-005 (A), (B), (C)(i), (C)(ii), (D), (E), (F), (G)(i) through (G)(v), and must notify the Department in writing at least 30 working days before the facility would like to increase their license capacity, would like a change in the building, or would like a change in the usage of the building; and
(B) A hospice service providing care, treatment or services in the home of the consumer, must meet notification requirements at 175 NAC 1-005 (A), (D), (E), (G)(i), (G)(iii); must notify the Department in writing at least 30 working days before the hospice would like to add a county or add a multiple location; and must notify the Department in writing within 24 hours of a consumer's death which occurred while staff were present, or scheduled to be present, in the consumer's home to provide care, treatment, or services and the consumer's death was due to:
(i) Suicide;
(ii) A violent act;
(iii) Drowning; or
(iv) During or immediately after a restraint or seclusion was utilized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-007 - PHYSICAL PLANT

Current through June 17, 2024
Physical plant requirements in 175 NAC 1 and 175 NAC 16 do not apply to hospice services provided in the consumer's home. An inpatient hospice facility must meet all physical plant requirements shown at 175 NAC 1 and the additional requirements shown below. All buildings must be designed, constructed, and maintained in a manner that is safe, clean and functional for the care, treatment and services provided.
007.01
DIETARY.
If food preparation is provided on site, there must be dedicate space and equipment for the preparation and serving of meals. Such food preparation, serving, physical environment, and equipment must comply with the Food Code
007.02
DINIING AREAS.
Dining areas must have an outside wall with windows for natural light and ventilation and meet the following requirements:
(A) Dining areas must be furnished with tables and chairs that accommodate or conform to consumer needs;
(B) Dining areas must have a floor area of 15 square feet per consumer in existing facilities and 20 square feet per consumer in new construction;
(C) Dining areas must allow for group dining at the same time in either separate dining areas or a single dining area, or dining in 2 shifts, or dining during open dining hours; and
(D) Dining areas must not be used for sleeping, offices or corridors.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-008 - RECORDKEEPING

Current through June 17, 2024
The licensee must meet all recordkeeping requirements at 175 NAC 1. The licensee when providing other than inpatient hospice services and sharing space with another entity, must ensure the hospice service has a unique physical address to ensure mail is secured against unauthorized access and must ensure a separate entrance to the hospice service space to ensure verbal communications are protected against unauthorized access.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-009 - ENVIRONMENTAL SERVICES

Current through June 17, 2024
The licensee must have a written process for performing routine and preventative maintenance on equipment and furnishings. Equipment and furnishings must be safe and function to meet the intended use.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 16 - HOSPICE SERVICES › Section 175-16-010 - STANDARDS OF OPERATION, CARE, AND TREATMENT

Current through June 17, 2024
Each licensee must assure protection to hospice consumers and compliance with state statutes and regulations. All services provided by the licensee must be provided in accordance with the Health Care Facility Licensure Act, The Uniform Credentialing Act, the Medication Aide Act, the regulations adopted under those Acts, physician orders, the physician-approved written plan of care, and prevailing standards of practice.
010.01
LICENSEE.
The licensee is responsible for implementing written policies and procedures to ensure compliance with statutes and regulations as per 175 NAC 1, the Health Care Facility Licensure Act, and this chapter and is responsible for making such available to staff and consumers. The licensee must:
(A) Ensure all services are provided in accordance with accepted standards of practice and oversee the management and fiscal affairs of the hospice;
(B) Require each employee to report any evidence of abuse, neglect, or exploitation of a consumer served by the hospice service in accordance with the Adult Protective Services Act or the Child Protection Act, as applicable;
(C) Ensure any suspected abuse, neglect, or exploitation is reported to the Administrator; and
(D) Ensure consumers are only discharged for cause based on an unsafe care environment in the consumer's home, consumer non-compliance, including disruptive, abusive, or uncooperative behavior to the extent that delivery of care to the consumer or the ability of the licensee to operate effectively is seriously impaired, or failure to pay for services;
(i) The licensee must make a serious effort to resolve the problems presented by the behavior or situation to assure that the proposed discharge is not due to the consumer's use of necessary hospice services, must document the problems and the efforts made to resolve the problems in the consumer's medical record, and must obtain a written physician's order from the consumer's attending physician and the hospice medical director concurring with the discharge.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of intermediate care
				  facilities for Individuals with Intellectual Disabilities (ICFIID) under the
				  Health Care Facility Licensure Act, Nebraska Revised Statutes (Neb. Rev. Stat.)
				  §§
									71-401 to
				  71-475.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Health Care Facility Licensure
				  Act, 175 Nebraska Administrative Code (NAC) 1, and the following apply to this
				  chapter.
002.01
ACTIVE
				TREATMENT.
treatment that meets the requirements specified in
				42 CFR
				483.440(a).
002.02
DEMENTIA.
The
				disorders characterized by the development of multiple cognitive deficits,
				including memory impairment, that are due to the direct physiological effects
				of a general medical condition (not including trauma), to the persisting
				effects of a substance, or to multiple etiologies such as the combined effects
				of cerebrovascular disease and Alzheimer's disease.
002.03
DEVELOPMENTAL
				DISABILITY.
A group of conditions resulting in an impairment in
				physical, learning, language or behavioral areas that usually begin during the
				developmental stages in life and may impact day to day functioning.
002.04
FOOD CODE.
The Nebraska Food Code as defined in Neb. Rev. Stat. §
									81-2,244.01 and as published by
				the Nebraska Department of Agriculture, except for compliance and enforcement
				provisions.
002.05
QUALIFIED INTELLECTUAL DISABILITY PROFESSIONAL (QIDP).
A professional who is responsible for integrating, coordinating and monitoring
				each client's active treatment program.
002.06
SUPERVISION.
The daily observation and monitoring of individuals by direct care staff or
				oversight of staff by the administrator or administrator's designee.
002.07
SUPPORT
				SERVICES.
Physical and social modifications or interventions which
				assist the client in functioning and in adapting to physical and social
				environments.
002.08
TERMINALLY ILL.
A medical prognosis that an
				individual's life expectancy is six months or less if the illness runs its
				normal course.
002.09
TRAINING.
The implementation of a systematic program
				of formal and informal techniques continuously targeted toward assisting the
				client in achieving the measurable skill competency as identified in individual
				program plan objectives, which is conducted in all applicable settings, and
				conducted by all personnel involved with the individual.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-003 - LICENSING REQUIREMENTS AND PROCEDURES

Current through June 17, 2024
To receive a license, an applicant must submit a complete
				  application and meet the requirements for a license set out in statute, 175 NAC
				  1, and in this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all
				  licenses.
004.01
EFFECTIVE
				DATE AND TERM OF LICENSE.
ICF/ID licenses expire on March 31st of
				each year.
004.02
LICENSE NOT TRANSFERABLE:
Licenses of Intermediate
				Care Facilities for Individuals with Intellectual Disabilities expire on March
				31st of each year.
004.03
FEES.
The initial and renewal licensure fees for
				Intermediate Care Facilities for Individuals with Intellectual Disabilities are
				as follows:
(A) 1 to 50 Beds
$1,550
(B) 51 to 100 Beds
$1,750
(C) 101 or more Beds
$1,950
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-005 - INSPECTIONS

Current through June 17, 2024
Intermediate Care Facilities for Individuals with
				  Intellectual Disabilities must meet inspection requirements in 175 NAC
				  1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-006 - STANDARDS OF OPERATION, CARE AND TREATMENT

Current through June 17, 2024
Each Intermediate Care Facility for Individuals with
				  Intellectual Disabilities must be organized, managed and administered in a
				  manner by the licensee consistent with the size, resources, and type of
				  services provided to ensure each client receives appropriate care and treatment
				  in a safe manner and in accordance with current standards of practice. Each
				  Intermediate Care Facility for Individuals with Intellectual Disabilities must
				  meet the regulations identified in 175 NAC 1, this chapter, and must satisfy
				  all the elements of the Centers for Medicare and Medicaid (CMS) Conditions of
				  Participation for an Intermediate Care Facility for Individuals with
				  Intellectual Disabilities as set out in 42 Code of Federal Regulations (CFR)
				  483.150 - 483.480, the Conditions of Coverage for Emergency Preparedness
				  Requirements for an Intermediate Care Facility for Individuals with
				  Intellectual Disabilities, and the State Fire Code and Life Safety Code.
006.01
LICENSEE
				RESPONSIBILITIES.
The licensee has the legal responsibility for
				the total operation of the facility. The responsibilities of the licensee
				include:
(A) Monitoring policies to assure the
				appropriate administration and management of the Intermediate Care Facility for
				Individuals with Intellectual Disabilities;
(B) Ensuring the Intermediate Care Facility
				for Individuals with Intellectual Disabilities is in compliance with all
				applicable and state and federal statutes and rules and regulations;
(C) Ensuring quality services are provided to
				all clients whether services are furnished directly by the facility or through
				contract with another entity;
(D)
				Periodically reviewing reports and recommendations regarding the Quality
				Assurance Performance Improvement (QAPI) program and implementing programs and
				policies to maintain and improve the quality of services;
(E) Designating an administrator who is
				responsible for the day to day management of the Intermediate Care Facility for
				Individuals with Intellectual Disabilities and defining the duties and
				responsibilities of the administrator in writing;
(F) Notifying the Division of Public Health
				in writing within 5 working days when a vacancy in the administrator position
				occurs including who will be responsible for the position duties until another
				administrator is appointed; and
(G)
				Notifying the Division of Public Health in writing within 5 working days when
				the vacancy of the administrator position is filled including the effective
				date and name of the person appointed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 17 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID) › Section 175-17-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The licensee must ensure that the facility is designed,
				  constructed and maintained in a manner that is safe, clean, and functional for
				  the type of services to be provided. Physical plant standards in 175 NAC 1 and
				  the following apply.
007.01
FOOD SERVICE.
If food preparation is provided on site,
				the facility must dedicate space and equipment for the preparation of meals.
				Facilities licensed for more than 16 individuals must comply with the Food
				Code.
007.01(A)
SMALL
				FACILITIES.
For licensees who serve 16 or fewer clients or for
				areas of the facility used only for training or activity purposes, the licensee
				may follow the Food Code or the licensee meet the following requirements:
(i) An automatic dishwasher final rinse cycle
				temperature of not less than 150 degrees Fahrenheit must be used;
(ii) Refrigerated foods must be stored
				between 35 and 45 degrees. Frozen foods must be stored below 32
				degrees;
(iii) Temperatures of
				potentially hazardous foods must be 45 degrees Fahrenheit or below or 140
				degrees Fahrenheit or above at all times;
(iv) Food preparation and eating areas must
				be sanitary; and
(v) All equipment
				and utensils, including dishes, glassware, and silverware used in the serving
				or preparation of food or drink for individuals must be thoroughly cleaned
				after each use and stored in a manner to ensure they are kept free of dust,
				vermin, and contamination.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 18 - SUBSTANCE ABUSE TREATMENT CENTERS › Section 175-18-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensing of Mental Health Substance
				  Use Treatment Centers under Nebraska Revised Statutes (Neb. Rev. Stat.)
				  §§
									71-401 to
				  71-476 of the Health Care Facility
				  Licensure Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 18 - SUBSTANCE ABUSE TREATMENT CENTERS › Section 175-18-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
An applicant intending to establish, operate, or maintain a
				  mental health substance use treatment center must first obtain a license from
				  the Department by meeting the requirements in the Health Care Facility
				  Licensure Act, 175 NAC 1, and this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 18 - SUBSTANCE ABUSE TREATMENT CENTERS › Section 175-18-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following are the general terms and conditions regarding
				  licensing for mental health substance use treatment centers.
004.01
EFFECTIVE DATE AND TERM OF
				LICENSE.
A mental health substance use treatment center license
				expires annually on September 30.
004.02
FEES.
The
				initial and renewal fees for mental health substance use treatment center
				facilities are based on the number of beds for which the facility is licensed:
(A) 1 to 16 Beds
$250
(B) 17 to 50 Beds
$275
(C) 51 or more Beds
$300
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 18 - SUBSTANCE ABUSE TREATMENT CENTERS › Section 175-18-006 - STANDARDS OF OPERATION, CARE, AND TREATMENT

Current through June 17, 2024
Each mental health substance use treatment center must be
				  organized, managed, and administered in a manner consistent with the size,
				  resources, and type of services provided to ensure each client receives
				  necessary care and treatment in a safe manner and in accordance with current
				  standards of practice, and in accordance with the Healthcare Facility Licensure
				  Act, 175 NAC 1, and this chapter.
006.01
LICENSEE.
The
				licensee must establish, implement, and revise as necessary written policies
				and procedures to assure that the mental health substance use treatment center
				is administered and managed appropriately. The licensee's responsibilities
				include:
(A) Monitoring policies to assure
				appropriate administration and management of the facility;
(B) Ensuring the facility's compliance with
				all applicable state statutes and relevant rules and regulations;
(C) Ensuring the quality of all services,
				care, and treatment provided to clients whether those services, care, or
				treatment are furnished by facility staff or through contract with the
				facility;
(D) Designating an
				administrator who is responsible for the day to day management of the
				facility;
(E) Defining the duties
				and responsibilities of the administrator in writing;
(F) Notifying the Department in writing
				within 5 working days when a vacancy in the administrator position occurs,
				including who will be responsible for the position until another administrator
				is appointed;
(G) Notifying the
				Department in writing within 5 working days when the administrator vacancy is
				filled indicating effective date and name of person appointed
				administrator;
(H) Ensuring clients
				are provided with a stable and supportive environment, through respect for the
				rights of clients and responsiveness to client needs;
(I) Receiving periodic reports and
				recommendations regarding the quality assurance performance improvement
				program;
(J) Implementing programs
				and policies to maintain and improve the quality of client care and treatment
				based on quality assurance performance improvement reports; and
(K) Ensuring that staff levels are sufficient
				to meet the client's needs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 18 - SUBSTANCE ABUSE TREATMENT CENTERS › Section 175-18-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The licensee must ensure that the facility is designed,
				  constructed, and maintained in a manner that is safe, clean, and functional for
				  the type of services to be provided. The physical plant standards are set forth
				  below.
007.01
SHARING
				SPACE.
A mental health substance use treatment center may share
				physical space with another licensed or unlicensed entity when:
(A) The spaces are clearly identified in a
				manner so that a client or their designee is fully aware of the specific
				licensed facility where they are receiving care and treatment;
(B) Medical records, staffing, and
				administration are clearly separated and not shared by the two entities;
				and
(C) The two facilities are not
				providing care and treatment in the same space at the same time.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 176 - NEBRASKA CRITICAL INCIDENT STRESS MANAGEMENT › Chapter 1 - CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM › Section 176-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations implement Nebraska Revised Statutes (Neb.
				  Rev. Stat.) §§
									71-7101
				  to
				  71-7113,
				  known as the Critical Incident Stress Management Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 176 - NEBRASKA CRITICAL INCIDENT STRESS MANAGEMENT › Chapter 1 - CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM › Section 176-1-002 - DEFINITIONS

Current through June 17, 2024
Definitions are set out in Neb. Rev. Stat. §
									71-7102, and these
				  regulations.
002.01
CRITICAL INCIDENT STRESS MANAGEMENT PEERS.
Emergency
				service personnel who are appointed to the program in accordance with these
				regulations, program standards, policies and guidelines.
002.02
MENTAL HEALTH
				PROFESSIONAL.
A mental health professional is a:
(A) State of Nebraska credentialed physician,
				psychologist, social worker, professional counselor, mental health
				practitioner, or as a nurse practitioner or physician assistant with a clinical
				specialty in psychiatry or mental health;
(B) State of Nebraska credentialed registered
				nurse who holds a clinical nurse specialist credential in psychiatric nursing
				or mental health;
(C) Certified by
				the Nebraska Department of Education with an endorsement as a school
				psychologist or as a school guidance counselor; or
(D) Clergy member of a recognized
				denomination with documentation of completion of a generally recognized
				Clinical Pastoral Education program which includes a practicum or a current
				membership in the American Association of Pastoral Counselors or equivalent
				organization.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 176 - NEBRASKA CRITICAL INCIDENT STRESS MANAGEMENT › Chapter 1 - CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM › Section 176-1-003 - APPOINTMENT TO THE CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM

Current through June 17, 2024
To be appointed as a Critical Incident Stress Management
				  (CISM) Program team member, an individual shall:
(A) Submit a complete application provided by
				the Department;
(B) Submit proof of
				successful completion of the Basic Critical Incident Stress Management (CISM)
				Group Intervention Course;
(C)
				Submit the license or certificate number if licensed or credentialed under the
				Uniform Credentialing Act or by the Nebraska Department of Education;
(D) Submit, if applicable, documentation of a
				recognized Clinical Pastoral Education program and proof of practicum or
				membership in the American Association of Pastoral Counselors or an equivalent
				organization; and
(E) Have a
				minimum of two years' experience in emergency services, corrections, or as a
				mental health professional.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 176 - NEBRASKA CRITICAL INCIDENT STRESS MANAGEMENT › Chapter 1 - CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM › Section 176-1-004 - RESIGNATION

Current through June 17, 2024
Any team member wishing to resign from the program shall
				  surrender all forms of Critical Incident Stress Management (CISM) Program
				  identification to the Department. A team member who has resigned and wishes to
				  be reinstated must reapply.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 176 - NEBRASKA CRITICAL INCIDENT STRESS MANAGEMENT › Chapter 1 - CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM › Section 176-1-005 - STANDARD OF CONDUCT

Current through June 17, 2024
The Department may remove a team member for any of the
				  following:
(A) Failure to follow
				program standards, policies and guidelines;
(B) Failure to show at interventions the team
				member has agreed to attend;
(C)
				Knowingly misrepresenting the affairs or operations of the Critical Incident
				Stress Management (CISM) Program;
(D) Continued absenteeism at Critical
				Incident Stress Management (CISM) Program meetings or trainings;
(E) Continued unavailability or refusal to
				participate in Critical Incident Stress Management (CISM) Program
				interventions;
(F) Failure to
				maintain confidentiality regarding interventions;
(G) Organizing interventions without the
				prior approval of the Department;
(H) Responding to an incident and acting
				behalf of the Critical Incident Stress Management (CISM) Program without the
				prior authorization of the Department;
(I) Using program membership for unauthorized
				purposes;
(J) Use of alcohol or
				drugs that impairs one's ability to participate in a Critical Incident Stress
				Management (CISM) Program activity; or
(K) Conviction of a felony.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 176 - NEBRASKA CRITICAL INCIDENT STRESS MANAGEMENT › Chapter 1 - CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM › Section 176-1-006 - APPEAL OF REMOVAL FROM THE CRITICAL INCIDENT STRESS MANAGEMENT (CISM) TEAM

Current through June 17, 2024
A team member may appeal the decision to be removed from the
				  Critical Incident Stress Management (CISM) team to the Department. The process
				  is as follows:
(A) The team member
				shall submit a written appeal to the Department within 30 days of the mailing
				of the notice of removal, detailing the basis of the appeal and including any
				supporting documentation.
(B) A
				hearing before the Interagency Management Committee will be scheduled within 30
				days of receiving the appeal and a written decision will be issued within 30
				days of the hearing.
(C) A team
				member may appeal the Interagency Management Committee's decision as set out in
				Neb. Rev. Stat. §§
									84-917
				to
				84-919.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-001 - DEFINITIONS

Current through June 17, 2024
001.01
Alcohol
means ethyl alcohol.
001.02
Alcohol
				analysis
means the use of a chemical test to determine the
				concentration of alcohol per 100 milliliters of blood, or the concentration of
				alcohol per 210 liters of breath.
001.03
Analyst
means
				a holder of a Class A, B, or C permit.
001.04
Breath
means
				exhaled lung air that is used for alcohol analysis which contains a large
				portion of air from the alveolar region of the lungs where the exchange of
				gases between the blood and air occurs.
001.05
Breath
				testing
means the analysis of breath for alcohol
				content.
001.06
Body
				fluid
refers to blood or breath.
001.07
Categories
of
				Permits.
001.07A
Class A
				Permit
is a permit to perform a chemical test to analyze a
				subject's blood for alcohol content by an approved laboratory method.
001.07B
Class B
				Permit
is a permit to perform a chemical test to analyze a
				subject's breath for alcohol content by an approved method.
001.07C
Class C
				Permit
is a permit to perform preliminary breath tests for alcohol
				content by an approved method.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-002 - REPORT OF ALCOHOL TEST RESULTS FOR MEDICO-LEGAL PURPOSES

Current through June 17, 2024
002.01
Breath Test Results.
Report of Breath Test Results of
				a test for alcohol content of breath shall be reported as thousandths of a gram
				of alcohol per 210 liters of breath on the checklist.
002.01A No digital result shall be reported
				on the checklist unless the device has received a sufficient breath sample and
				completely executes its prescribed program and prints a test record to indicate
				that the program has been completed.
002.01B
Prescribed
				Program.
When a test record indicates an incomplete or deficient
				sample, this indicates that the device has not completed its prescribed
				program. Such deficient sample does not constitute a completed test or
				sufficient sample of breath and would be considered to be a refusal. Such
				deficient sample does not constitute a completed test, but is scientifically
				probative up to the amount indicated by the testing device at the time that the
				breath testing procedure stopped.
002.01B1
				Preliminary breath testing devices are not required to produce a printed test
				record. When a sufficient breath sample is provided, the results of a
				preliminary breath test may be reported as a digital readout or as a pass or
				fail.
002.01C The
				completed checklist as found in these rules and regulations shall be the
				official record of breath test results.
002.01D
Record Requirements in
				Performance of Tests.
The testing records must show adherence to
				the approved method, and techniques.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-003 - PERMITS

Current through June 17, 2024
003.01
Permit Issuance.
The permit shall be issued by the
				Department, and shall state the class of permit, and the approved method. The
				Department shall keep record of all permits issued. The Department may re-issue
				a permit when a written request is received from the permit holder.
003.02
Application.
The applications shall be Attachment 8, Attachment 9, or Attachment 10,
				attached and incorporated herein by reference.
003.03
Name Change.
The Department may reissue a permit when a permit holder changes his or her
				name and a written request is received from the permit holder.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-004 - REVOCATION OF PERMITS

Current through June 17, 2024
004.01 Class A, B,
				or C permits are nonexpiring permits. Class A, B, or C permits may be revoked
				by the Department whenever the Department determines a permit holder is in
				noncompliance with these rules and regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-005 - BLOOD SPECIMEN COLLECTION AND PRESERVATION

Current through June 17, 2024
005.01 Blood
				specimens shall be taken by personnel authorized by law. The antiseptic
				solution used shall be non-alcoholic.
005.02 Blood specimens shall be collected in
				clean containers/tubes and stoppered. The container/tube shall contain an
				anticoagulant-preservative substance.
005.03 Specimen containers shall be labeled
				and shall show the following information on the label: name of person tested,
				date and time of specimen collection, and initials of person collecting the
				specimen.
005.04 While not in
				transit to be tested, or while not under examination, all blood specimens shall
				be refrigerated as soon as practical.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-006 - CLASS A PERMITS

Current through June 17, 2024
006.01
Qualifications for Class A Permit Holder.
A Class A
				permit holder shall have knowledge of the chemistry of alcohol and other
				substances of proper concern in body fluid alcohol tests and the ability to
				perform satisfactory tests for alcohol as demonstrated by:
006.01A Twelve semester hours of academic
				work in chemistry from a recognized college or university; or
006.01B Two years of experience consisting of
				performance of routine laboratory tests in a usual and customary laboratory
				organization.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-007 - CLASS B PERMITS

Current through June 17, 2024
007.01
Application for Class B Permit.
007.01A Application for a Class B Permit
				shall be made on a form prescribed by the Department as shown in Attachment 9,
				attached and incorporated by reference.
007.01B The Class B permit applicant shall be
				trained and tested in the following areas:
a.
				The basic operation of the device and its proper use for evidentiary
				testing;
b. The applicant shall
				demonstrate the ability to properly operate the appropriate device;
c. Instruction may include physiology and
				pharmacology of alcohol as it pertains to driving, relevant legal matters, and
				court testimony.
007.01C
				To obtain a Class B permit, the applicant shall achieve at least 70% on a
				written examination from the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-008 - LIST OF APPROVED METHODS, BREATH TESTING INSTRUMENTS, CALIBRATION DEVICES, AND INTERNAL REFERENCE STANDARDS FOR CLASS B PERMIT HOLDERS

Current through June 17, 2024
008.01 All evidentiary breath testing devices
				that have been evaluated and approved by the National Highway Traffic Safety
				Administration (NHTSA) and published on the Conforming Products Lists of
				Evidential Breath Measuring Devices are approved devices in the State of
				Nebraska for the purposes of this rule and for Drug and Alcohol Testing in the
				Workplace (Title 177 NAC 6). Prior to use of a NHTSA approved device for
				evidentiary breath tests conducted by law enforcement, the checklist technique
				and operating procedures for that device must be included in these regulations.
For Drug and Alcohol Testing in the Workplace (Title 177 NAC
				  6) testing, the operator is to conduct the test in accordance with the
				  instructions provided by the manufacturer for the instrument. Although a
				  checklist is not required, the test record produced by the instrument must be
				  retained. The instrument is to be calibrated in conformance with the
				  manufacturer's instructions.
008.01A
				Approved evidentiary breath testing methods and instruments conducted by law
				enforcement, except preliminary breath testing devices, are listed below.
a. Intoxilyzer, all models
b. DataMaster, all models
c. Intoximeters, all models
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH › Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH › Section 177-1-009 - MAINTENANCE OFFICER

Current through June 17, 2024
009.01 Each testing
				site shall have a maintenance officer(s) who is responsible for maintenance and
				calibration verification of the testing device(s). The maintenance officer
				shall:
009.01A Be a Class B permit
				holder.
009.01B Be familiar with
				the testing device as a result of consultation with a manufacturer
				representative or other individual knowledgeable about the use of the
				device.
009.01C Notify the
				Department of the name of the maintenance officer(s) for each site and the
				serial number of each unit for which the maintenance officer is
				responsible.
009.01D Perform
				scheduled maintenance procedures for all approved evidentiary breath testing
				devices. Check the general condition of the instrument within 40 days prior to
				an analysis. This includes inspection of all display and operation lights and
				verification of printer operation. The maintenance may include simple
				replacement of peripherals such as keyboards, hoses or printers, basic
				cleaning, etc.
009.01E Within 40
				days prior to an analysis, the maintenance officer is to conduct the
				calibration verification in accordance with the instructions provided by the
				manufacturer for the instrument and section 010. Results must be recorded in
				the maintenance log.