Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 4 - CERTIFICATION REQUIREMENTS FOR CERTIFIED PROVIDERS OF SERVICES › Section 404-4-001 - CERTIFICATION OF PROVIDERS

Current through June 17, 2024
All agency providers of services under the Developmental
				  Disabilities Services Act must meet the certification and accreditation
				  requirements established by the Department of Health and Human Services.
001.01
OVERVIEW OF CERTIFICATION
				PROCESS.
To become a certified provider, the provider applicant
				must:
(1) Submit a complete
				application;
(2) Be a United States
				citizen or qualified alien under applicable federal and state law;
(3) Provide all additional information the
				Department may require; and
(4)
				Comply with all provider requirements in this chapter.
001.01(A)
APPLICATION.
An applicant for certification as an
				agency provider of developmental disabilities services must apply for
				certification on the forms supplied by the Department. The applicant shall
				provide the following:
(i) The legal name of
				the applicant, address, and contact information;
(ii) The structure, such as partnership,
				corporation, government, or limited liability company;
(iii) A list of names and addresses of all
				persons with financial interest in the agency provider;
(iv) The preferred mailing address for
				receipt of official notices from the Department;
(v) The applicant's federal employer
				identification number;
(vi) The
				signature of the person of authority applying to be a certified agency
				provider;
(vii) A copy of the
				registration as a foreign corporation filed with the Nebraska Secretary of
				State, if applicable;
(viii)
				Program description for provision of services that includes:
(1) A copy of the applicant's organizational
				chart identifying authority over the agency and the organization of management
				positions;
(2) The developmental
				disabilities services to be provided;
(3) The address, including street and city,
				and telephone number of each location for service delivery, including type of
				service to be provided at each location and planned capacity at each
				location;
(4) Copies of current
				policies and procedures, as required by this chapter; and
(5) A list of all subcontractors and proposed
				subcontracts that will provide services under this application; and
(ix) A disclosure of any criminal
				history or listing on the Department's Central Abuse and Neglect registries or
				the Nebraska State Patrol Sex Offender Registry for any management positions,
				including owners, directors, and managers;
(x) At initial certification only,
				documentation showing the provider maintains a $10, 000.00 minimum cash reserve
				or business line of credit; and
(xi) A statement of intent to seek a risk
				endorsement (if applicable).
001.01(B)
INITIAL
				CERTIFICATION.
For prospective providers, the Department will
				issue an initial certification for a six month period upon approval of the
				application. Before the expiration of initial certification, the Department
				will conduct an on-site review to determine compliance.
001.01(B)(i) Initial certification may be
				extended for up to six additional months when the provider has not been serving
				a participant for at least 90 days before the initial certification
				expires.
001.01(B)(ii) Following
				on-site review, the Department will:
(1) Issue
				a one or two year certification when the provider is found to be in compliance
				with applicable regulations;
(2)
				Extend initial certification on a one-time basis for up to six months when the
				on-site review shows the provider is not in compliance with applicable
				regulations, but there are no health or safety issues and the provider is
				making satisfactory progress towards compliance; or
(3) Deny certification when the on-site
				certification review shows the provider is not in compliance with applicable
				regulations and has not made progress in doing so, or there are serious health
				or safety issues identified.
001.01(C)
LENGTH OF
				CERTIFICATION.
Provider certification is contingent upon
				compliance with applicable 404 NAC standards as required by the Department.
				Agencies, organizations, or individuals seeking certification will receive a
				two-year certification upon successful completion of the certification review.
				If the outcomes of the certification review show significant or repeated
				deficiencies, or if there is evidence that provider systems are not functioning
				properly, the Department may issue a one-year certification.
001.01(D)
DENIAL OF
				CERTIFICATION.
The Department, in its discretion, may deny or
				terminate a provider's certification for good cause, which includes but is not
				limited to the following grounds:
(1)
				Violations of any of the provisions of Nebraska Administrative Code (NAC)
				Titles 172, 403, 404, 471, 480, 482 or other applicable law or regulation
				governing services provided;
(2)
				The provider or its owner is the respondent of a protection order;
(3) The provider or its owner committed a
				crime:
(a) Against a child or vulnerable
				adult;
(b) Involving the illegal
				use, possession, or distribution of a controlled substance; or
(c) That, if repeated, could injure or harm
				the Developmental Disabilities Services Waiver program or a developmental
				disabilities services participant;
(4) A provider's owner or administrative
				staff or management have been convicted of any of the crimes listed in this
				chapter; or
(5) The provider or its
				owner is listed as a perpetrator on the Nebraska Adult Protective Services
				Central Registry or the Child Abuse and Neglect Central Registry in a
				court-substantiated or agency-substantiated case, or is listed as a perpetrator
				on any comparable registry in any other state.
The Department deems a crime to have been committed when a
				  conviction, admission, or substantial evidence of commission exists. In
				  exercising its discretion, the Department considers the severity of the
				  crime(s), the applicability of the crime(s) to the service of the provider, and
				  the amount of time that has passed since the commission of the crime.
001.01(D)(i) Failure to disclose
				requested information on the application, or providing incomplete or incorrect
				information on the application may result in the denial of a
				certification.
001.01(E)
				Provider certification will be denied or terminated when any person with a 5%
				or greater direct or indirect ownership interest in the provider has been
				convicted of a criminal offense related to that person's involvement with a
				Medicare, Medicaid, or Title XXI program within the last ten years, unless the
				Department determines that denial or termination of enrollment is not in the
				best interest of the program.