reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-002 - PRE-EXISTING AGREEMENTS

Current through June 17, 2024
All Subsidized Adoption Agreements or Adoption Assistance Agreements
	 executed and the adoption finalized prior to the implementation of these
	 regulations are subject to the regulations in place at the time the adoption
	 was finalized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-003 - DEFINITIONS

Current through June 17, 2024
The following definitions apply:
003.01
ADOPTION ASSISTANCE
  AGREEMENT.
Adoption Assistance Agreement means a Nebraska Adoption
  Assistance Agreement or a Title IV-E Adoption Assistance Agreement entered into
  between the Department and the Adoptive Parent(s) to assist with the costs of
  care for the child who is the subject of the Adoption Assistance
  Agreement.
003.02
ADOPTIVE PARENT.
Adoptive Parent means the individual
  or individuals who either intend to adopt the child for whom adoptive
  assistance agreement is being requested or have adopted the child who is the
  subject of an adoptive assistance agreement.
003.03
MEDICAL
  PROFESSIONAL.
Medical Professional means a physician or advanced
  practice registered nurse (APRN) or physician assistant (PA) when the APRN or
  PA is practicing under the supervision of a physician. A Medical Professional
  must be licensed by the Nebraska Department of Health and Human Services,
  Division of Public Health, or its equivalent in another state, at the time of
  service.
003.04
MENTAL
  HEALTH PROFESSIONAL.
Mental Health Professional means a
  psychologist, psychiatrist, licensed mental health practitioner, licensed
  clinical social worker, or licensed alcohol and drug counselor who provides
  mental health or substance use treatment services and is licensed by the
  Nebraska Department of Health and Human Services, Division of Public Health, or
  its equivalent in another state certified to provide medical or mental health
  treatment. Mental Health Professional includes a provisionally licensed mental
  health practitioner, a provisionally licensed psychologist, and a provisionally
  licensed alcohol and drug counselor.
003.05
NEBRASKA ADOPTION
  ASSISTANCE AGREEMENT.
Nebraska Adoption Assistance Agreement means
  an Adoption Assistance Agreement entered into between the Department and the
  Adoptive Parent(s) and the eligibility requirements for Title IV-E Adoption
  Assistance have not been met.
003.06
STEPPARENT.
Stepparent means a person who is legally married to a parent of the child who
  is the subject of the Adoption Assistance Agreement.
003.07
TITLE IV-E ADOPTION
  ASSISTANCE AGREEMENT.
Title IV-E Adoption Assistance Agreement
  means an Adoption Assistance Agreement entered into between the Department and
  the Adoptive Parent(s) and all eligibility criteria of this chapter and Title
  IV-E of the Social Security Act have been met.
003.08
YOUNG ADULT.
Young Adult means young adult as defined in Neb. Rev. Stat. §
  434503.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-004 - ADOPTION ASSISTANCE AGREEMENTS FOR CHILDREN IN THE CUSTODY OF THE DEPARTMENT

Current through June 17, 2024
All Adoption Assistance Agreements for children who are in the custody
	 of the Department at the time the adoption is entered are subject to the
	 provisions of this section.
004.01
APPROVAL BEFORE ADOPTION DECREE.
The Adoption
  Assistance Agreement must be signed by the Adoptive Parent(s) and DHHS prior to
  the date of adoption. If two individuals are adopting a child, both individuals
  must sign the agreement. The adoption must occur within six months of the
  Adoption Assistance Agreement being signed by all parties. If the adoption does
  not occur within the six month time frame, the Adoption Assistance Agreement is
  no longer valid and a new application must be submitted by the Adoptive
  Parent(s).
004.02
ADOPTION ASSISTANCE AGREEMENT APPLICATION.
An
  application for an Adoption Assistance Agreement must be submitted by the
  Adoptive Parent(s) prior to finalization of the adoption. Eligibility will be
  determined based on the factors set forth in this chapter.
004.03
ELIGIBILITY FOR TITLE IV-E
  ADOPTION ASSISTANCE AGREEMENT.
When the Department determines the
  child qualifies for adoption assistance pursuant to Title IV-E of the Social
  Security Act, the child will be eligible for a Title IV-E Adoption Assistance
  Agreement when all other eligibility requirements set forth in this chapter and
  Title IV-E of the Social Security Act are met. When all eligibility
  requirements of this chapter are met, but all eligibility requirements of Title
  IV-E of the Social Security Act are not met, the child will be eligible for a
  Nebraska Adoption Assistance Agreement.
004.04
ELIGIBILTY FOR ADOPTION
  ASSISTANCE AGREEMENT.
To be eligible for Adoption Assistance
  Agreement, all eligibility criteria and additional eligibility requirements of
  this section must be met.
004.04(A)
ELIGIBILITY CRITERIA FOR THE CHILD.
The child who is
  the subject of the Adoption Assistance Agreement must met the following
  criteria:
(i) The child must be in the
  custody of Department;
(ii) The
  child must be a citizen of the United States or an qualified alien as defined
  in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
  (PRWORA). The Department must have documentation to confirm the child's United
  States citizenship or qualified alien status;
(iii) The child must be unable to return to
  the home of the parents; and
(iv)
  The child must meet the special needs criteria set forth in this
  chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-005 - ADOPTION ASSISTANCE FOR WARDS OF A LICENSED CHILD PLACEMENT AGENCY

Current through June 17, 2024
All Adoption Assistance Agreement for children who are not in the
	 custody of the Department and are in the custody of a child placement agency at
	 the time the adoption is entered are subject to the provisions of this
	 section.
005.01
APPROVAL
  BEFORE ADOPTION DECREE.
The Adoption Assistance Agreement must be
  signed by the Adoptive Parent(s) and the Department prior to the date of
  adoption. If two individuals are adopting the child, both individuals must sign
  the agreement. The adoption must occur within six months of the Adoption
  Assistance Agreement being signed by all parties. If the adoption does not
  occur within the six month time frame, the Adoption Assistance Agreement is no
  longer valid and a new application must be submitted by the Adoptive
  Parent(s).
005.02
ADOPTION ASSISTANCE APPLICATION.
An application for an
  Adoption Assistance Agreement must be submitted by the Adoptive Parent(s) prior
  to finalization of the adoption. Eligibility will be determined based on the
  factors set forth in this section.
005.03
ELIGIBILITY FOR ADOPTION
  ASSISTANCE AGREEMENT.
To be eligible for an Adoption Assistance
  Agreement, the following criteria must be met:
(1) The child must:
(a) Be a ward of a licensed child placing
  agency;
(b) Be age 18 or
  younger;
(c) Be a citizen of the
  United States or a qualified alien as defined in the Personal Responsibility
  and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Department
  must have documentation to confirm the child's United States citizenship or
  qualified alien status;
(d) Be
  unable to return to the home of the parents;
(e) Meet the special needs criteria set forth
  in this section; and
(f) Meet the
  Title IV-E eligibility requirements as set forth in
  42 USC
  673, Section 473 of the Social Security
  Act;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-006 - ADOPTION ASSISTANCE AGREEMENTS WHEN MOVING FROM GUARDIANSHIP TO ADOPTION

Current through June 17, 2024
006.01
APPROVAL BEFORE ADOPTION
  DECREE.
The Adoption Assistance Agreement must be signed by the
  Adoptive Parent(s) and DHHS prior to the date of adoption. If two individuals
  are adopting a child, both individuals must sign the agreement. The adoption
  must occur within six months of the Adoption Assistance Agreement being signed
  by all parties. If the adoption does not occur within the six month time frame,
  the Adoption Assistance Agreement is no longer valid and a new application must
  be submitted by the Adoptive Parent(s).
006.02
ADOPTION ASSISTANCE
  APPLICATION.
An application for an Adoption Assistance Agreement
  must be submitted by the Adoptive Parent(s) prior to finalization of the
  adoption. Eligibility will be determined based on the factors set forth in this
  section.
006.03
ELIGIBILITY.
To be eligible for an Adoption Assistance
  Agreement under this section:
(A) The child
  that is the subject of the Adoption Assistance Agreement must be the subject of
  a subsidized guardianship agreement or guardianship assistance agreement with
  the Department at the time the adoption is finalized;
(B) The child that is the subject of the
  Adoption Assistance Agreement will be adopted by an individual who signed the
  subsidized guardianship agreement or guardianship assistance agreement;
  and
(C) The Adoptive Parents meet
  the criteria set forth in the criminal records check section of this
  chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-007 - RETROACTIVE ADOPTION ASSISTANCE AGREEMENTS

Current through June 17, 2024
All retroactive Adoption Assistance Agreements will be Nebraska
	 Adoption Assistance Agreements. To be eligible for a retroactive Adoption
	 Assistance Agreement all provisions of this section must be met.
007.01
ELIGIBILITY OF
  CHILD.
A child who has already been adopted may be eligible for a
  retroactive Adoption Assistance Agreement if the following conditions are met:
(1) The child was in the custody of the
  Department at the time the adoption was finalized;
(2) The child is a citizen of the United
  States or a qualified alien as defined in the Personal Responsibility and Work
  Opportunity Act of 1996 and the Department has documentation to confirm the
  child's citizenship or qualified alien status;
(3) The Adoptive Parent(s) contacted the
  Department and made a written request for an Adoption Assistance Agreement
  within three (3) years from the date the adoption was finalized;
(4) The child has been diagnosed with a
  physical or mental illness or condition that predates the adoption and the
  Department did not inform the adopting parents of such condition prior to the
  adoption, including when the Department did not have knowledge of the child's
  illness or condition prior to the adoption; and
(5) The Department has been provided
  documentation from a Medical or Mental Health Professional that the child's
  illness or condition predated the adoption, is of such nature as to require
  medical, psychological, or psychiatric treatment and is more extensive than
  ordinary childhood illness.
007.01(A)
REQUIRED
  DOCUMENTATION.
The following documentation from a Medical or
  Mental Health Professional is required in order to meet the eligibility
  requirements of this section:
(i) The child's
  diagnosis;
(ii) The prognosis and
  treatment recommendations for the diagnosed illness or condition;
(iii) The length of anticipated treatment;
  and
(iv) Written confirmation that
  the illness or condition predated the adoption and is more extensive than
  ordinary childhood illness.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-008 - CRIMINAL RECORDS CHECK REQUIRMENTS

Current through June 17, 2024
The Adoptive Parents and any individual 18 years of age or older
	 residing in the Adoptive Parents' household must submit to the records checks
	 set forth in this chapter and meet the approval requirements of this section in
	 order for the Department to enter into an Adoption Assistance Agreement with
	 the Adoptive Parents.
008.01
RECORDS TO BE SEARCHED.
The Adoptive Parents and any
  individual 18 years of age or older residing in the Adoptive Parents' household
  must consent to the Department receiving all background checks identified in
  this section. For each Adoptive Parent and any individual 18 years of age or
  older residing in the Adoptive Parents' household the following checks will be
  reviewed by the Department:
(A) State Central
  Register or Registry of child protection maintained by any state in which the
  individual has lived within the past 5 years;
(B) Nebraska Adult Protective Services
  Central Registry;
(C) Appropriate
  local law enforcement agency;
(D)
  National Sex Offender Registry;
(E)
  State-level criminal history; and
(F) Fingerprint-based National Criminal
  History Check.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-009 - CHANGE IN PARENT INFORMATION

Current through June 17, 2024
An Adoption Assistance Agreement may be modified to add parents subject
	 to the provisions in this section.
009.01
STEPPARENT.
A
  Stepparent may be added to the Adoption Assistance Agreement when:
(A) The Stepparent has adopted the
  child;
(B) The Adoptive Parent who
  entered into the current Adoption Assistance Agreement requests to have the
  stepparent added;
(C) The
  Stepparent meets all the requirements of an Adoptive Parent as set forth in
  this chapter;
(D) The Department is
  provided a copy of the adoption decree; and
(E) An amended Adoption Assistance Agreement
  is signed by both the parent and the stepparent.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-010 - TERMINATION OF ADOPTION ASSISTANCE AGREEMENT

Current through June 17, 2024
This section applies to all Adoption Assistance Agreements. An
	 Adoption Assistance Agreement terminates when:
(A) All Adoptive Parents who have entered
  into the Adoption Assistance Agreement request termination of the
  agreement;
(B) The Adoption
  Assistance Agreement does not include a designation of guardian or conservator
  as allowed by state law and the Adoptive Parents are deceased;
(C) The child reaches age 19;
(D) The child dies;
(E) The child becomes an emancipated
  minor;
(F) The child marries or
  enlists in the military; or
(G) The
  Department determines the Adoptive Parents are not legally responsible for the
  support of the child as a result of a termination of parental rights or a
  relinquishment of parental rights.
010.01
AGE
  EXCEPTION.
When a child reaches age 19, the Adoption Assistance
  Agreement will not terminate if the child is eligible for and enrolls in the
  extended adoption assistance program. The Adoption Assistance Agreement will
  terminate when the child is no longer enrolled in or eligible for the extended
  adoption assistance program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-011 - RIGHT TO APPEAL

Current through June 17, 2024
An adoptive family has the right to request a fair hearing as allowed
	 by law, including, but not limited to, when:
(1) The Adoptive Parent disagrees with the
  determination by the Department that a child is ineligible for adoption
  assistance;
(2) The Adoptive Parent
  disagrees with the adoption assistance payment determined by the
  Department;
(3) The Adoptive Parent
  disagrees with the determination by the Department that a child is not IV-E
  eligible;
(4) The Adoptive Parent
  was denied adoption assistance based on a means test of the Adoptive Parents'
  income;
(5) The Department reduces
  or terminates the Adoption Assistance Agreement;
(6) Facts about the child's special needs
  were not presented to the Adoptive Parents prior to finalization of the
  adoption;
(7) The Adoptive Parents
  were not informed they could apply for an Adoption Assistance Agreement when
  the child was in the Department's custody;
(8) The Department denied the Adoptive
  Parents' request for an increase in adoption assistance payment due to a change
  in the Adoptive Parents' circumstances; or
(9) The Department has denied payment for
  treatment services under the provisions of a retroactive adoption assistance
  agreement.
011.01
APPEAL TIME FRAME.
The appeal must be filed in writing
  within 90 days of when the action or inaction of the Department is known or
  should've been known by the Adoptive Parent(s). No change in coverage will
  occur while the appeal is pending.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
The regulations govern the services provided under Nebraska's Early
	 Intervention Program as defined by Nebraska Revised Statute (Neb. Rev. Stat.)
	 §§
									43-2501
	 to
	 43-2516.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-002 - RELATIONSHIP TO NEBRASKA ADMINISTRATIVE CODE (NAC) TITLE 480 WAIVER REGULATIONS

Current through June 17, 2024
The provisions outlined in this 480 Nebraska Administrative Code (NAC)
	 Chapter 1 apply solely to this chapter. The provisions of this chapter apply to
	 the Early Intervention Program and do not apply to Home and Community-Based
	 Services unless otherwise specifically stated.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-004 - PLANNING REGION TEAM

Current through June 17, 2024
Each planning region, as required in Nebraska Department of Education
	 regulations at 92 NAC 52, must establish an interagency planning region team
	 and is required by state statute to assist in the planning functions related to
	 the implementation and maintaining of the Nebraska Early Intervention Act in
	 the region.
004.01
TEAM
  ROLE AND RESPONSIBILITIES.
The planning region team is responsible
  for establishing a services coordination system in the region.
004.01(A)
SERVICES COORDINATION
  AGREEMENT OR CONTRACT AWARD ACTIVITIES.
The planning region team
  must:
(i) Complete an assessment to identify
  the needs of eligible children and families in the region, and the capacity of
  the region to meet the assessed needs. This process is to be completed before
  entering into the agreement or contract to ensure the recruitment, selection,
  and hiring of services coordinator(s) meets the region's identified needs;
  and
(ii) Be responsible for
  identifying potential provider(s) to ensure a community-based decision. The
  planning region team does not have legal authority to enter into a contract for
  services coordination. The planning region team must:
(1) Provide general information to the
  community about services coordination contracting; and
(2) Distribute the State's proposal
  guidelines to agencies in the region and submit proposals that meet the
  proposal requirements for review.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-005 - SERVICES COORDINATION ENTITLEMENT

Current through June 17, 2024
Services coordination is an entitlement for early intervention
	 families. Eligible children and their family must be assigned a services
	 coordinator who is responsible for:
(A) Coordinating all services across agency
  lines; and
(B) Serving as the
  single point of contact for carrying out the activities specified below.
005.01
SPECIFIC SERVICES
  COORDINATOR ACTIVITIES INCLUDE:
(A) Assisting parents of eligible children in
  obtaining access to needed early intervention services and other services
  identified in the Individualized Family Service Plan (IFSP), including making
  referrals to providers for needed services and scheduling appointments for
  eligible children and their families;
(B) Coordinating the provision of early
  intervention services and other educational, social, or medical services that
  the eligible child needs or is being provided;
(C) Coordinating screenings, evaluations, and
  assessments;
(D) Facilitating and
  participating in the development, review, and evaluation of Individualized
  Family Service Plans (IFSPs);
(E)
  Conducting referral and other activities to assist families in identifying
  available service providers;
(F)
  Coordinating, facilitating, and monitoring the delivery of services to ensure
  that the services are provided in a timely manner;
(G) Conducting follow-up activities to
  determine that appropriate early intervention services are being
  provided;
(H) Informing families of
  their rights and procedural safeguards and ensuring that the family rights are
  safeguarded;
(I) Coordinating the
  funding sources for early intervention services; and
(J) Facilitating the development of a
  transition plan to preschool or other services, if appropriate.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-007 - CHILD SCREENING PROCEDURES AND MULTIDISCIPLINARY EVALUATION TEAM (MDT) ELIGIBILITY DETERMINATION

Current through June 17, 2024
School district or approved cooperative staff must determine
	 eligibility for early intervention services and must explain rights to
	 families, as described in Nebraska Department of Education regulations at 92
	 NAC 52.
007.01
SERVICES
  COORDINATOR RESPONSIBILITY.
The services coordinator must:
(A) Provide written notice and obtain consent
  for screening, multidisciplinary evaluation, and child assessment. If screening
  procedures are utilized to identify whether the child is suspected of having a
  disability, and the screening indicates the child is suspected of having a
  disability, written notice for evaluation and child assessment must be provided
  and written consent must be obtained by the services coordinator prior to the
  evaluation and child assessment being conducted;
(B) Coordinate screenings, evaluations, and
  assessments, and assist families to understand the screening and
  multidisciplinary evaluation team (MDT) process and how it relates to the Early
  Intervention Program; and
(C)
  Maintain contact with the family during the screening and evaluation period and
  assist the multidisciplinary evaluation team (MDT) as appropriate. If, at any
  time during the screening process, the parent requests and consents to an
  evaluation, the service coordinator must immediately provide written notice and
  obtain consent for the evaluation and child assessment from the parent and
  inform the district or approved cooperative accordingly.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-008 - CHILD AND FAMILY ASSESSMENT

Current through June 17, 2024
Child and family assessment assists the family to identify concerns and
	 desired priorities and understand the scope of services that will be available
	 to their child and family including the provision of these services in home and
	 community settings. School districts and approved cooperatives are responsible
	 for conducting the child assessment and related procedural safeguards as
	 described in Nebraska Department of Education regulations at 92 NAC 52.
008.01
SERVICE COORDINATOR
  RESPONSIBILITIES.
The services coordinator must:
(A) Assist the family in becoming fully
  informed of the results of the multidisciplinary evaluation team (MDT)
  evaluation;
(B) Provide the family
  with referrals to other agencies and supports according to the family's and
  child's needs;
(C) Facilitate
  coordinated intake as the family accesses services in the community; and
(D)  Meet with the family to:
(i) Conduct a family assessment to identify
  the family's daily routines, activities, and options for supporting the family
  in identifying their resources, priorities, and concerns. The family-directed
  assessment must be voluntary on the part of each family member participating
  and include the family's description of its resources, priorities, and concerns
  and the supports and services necessary related to enhancing the child's
  development. The family is assisted in identifying the supports and resources
  present in the child's environment and activities in the child's daily routine
  that offer opportunities for the child to learn the new skills; and
(ii) Prepare for the Individualized Family
  Service Plan (IFSP) meeting by:
(1)
  Determining the goals, desired results, and outcomes for the child and family
  as identified through the family assessment. Based on the results of the
  multidisciplinary evaluation team (MDT) evaluation, other assessments, and the
  wishes of the family, Individualized Family Service Plan (IFSP) team membership
  is established per federal and state regulatory requirements;
(2) Scheduling the Individualized Family
  Service Plan (IFSP) meeting at a location and time convenient to the family and
  providing written notice to all team members in sufficient time to allow them
  to attend; and
(3) Ensuring team
  members who will not be attending the Individualized Family Service Plan (IFSP)
  meeting have the opportunity to provide input in an alternative way.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-009 - INTERIM INDIVIDUALIZED FAMILY SERVICE PLAN

Current through June 17, 2024
An interim Individualized Family Service Plan (IFSP) must be developed
	 using the Individualized Family Service Plan (IFSP) process to document and
	 initiate early intervention services for an eligible child and the child's
	 family before the completion of the evaluation and assessment if the following
	 conditions are met:
(A) School
  district personnel notify the services coordinator that, based on professional
  judgment and available information, the child may be eligible;
(B) Parental consent is obtained;
(C) An interim Individualized Family Service
  Plan (IFSP) is developed that includes;
(i)
  The name of the services coordinator who will be responsible for the interim
  Individualized Family Service Plan (IFSP) and coordination with other agencies
  and persons; and
(ii) The early
  intervention services that have been determined to be needed immediately by the
  child and the child's family; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-010 - PROCEDURES FOR INDIVIDUALIZED FAMILY SERVICE PLAN DEVELOPMENT, REVIEW, AND EVALUATION.

Current through June 17, 2024
010.01
INITIAL INDIVIDUALIZED FAMILY SERVICE PLAN MEETING.
For each infant or toddler with a disability, a meeting must be held to develop
  the initial Individualized Family Service Plan (IFSP) by a multidisciplinary
  team, which includes the parent and services coordinator, within the regulatory
  required timelines.
010.02
PERIODIC REVIEW.
A review of the Individualized Family
  Service Plan (IFSP) must be conducted every six months or more frequently if
  warranted or requested by the family to determine the degree to which results
  or outcomes are being achieved, and whether modification or revision of
  services, results, or outcomes are necessary.
010.02(A)
MEETING.
This review may be carried out by a meeting or by another means acceptable to
  the family and other participants.
010.02(B)
INITIATION.
All reviews are initiated by the services
  coordinator, but can be requested by any team member.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-011 - TRANSITION PROCESS

Current through June 17, 2024
If a toddler with a disability may be eligible for preschool services,
	 with the approval of the family of the toddler, the services coordinator must
	 convene a conference among the family, team members, and school district or
	 approved cooperative, not fewer than 90 days, and at the discretion of all
	 parties, not more than nine months, before the toddler's third birthday to
	 discuss any services the toddler may receive under Nebraska Department of
	 Education regulations at 92 NAC 51.
011.01
ANNUAL TRANSITION
  NOTICE.
The Annual Transition Notice must be provided to the
  family at the transition conference which must contain:
(A) A description of the rights of the
  parents to elect to receive early intervention services or preschool services
  pursuant to Nebraska Department of Education regulations at 92 NAC
  51;
(B) An explanation of the
  differences between early intervention services pursuant to Nebraska Department
  of Education regulations at 92 NAC 52 and services provided under Nebraska
  Department of Education regulations at 92 NAC 51;
(C) The types of services and the locations
  at which the services are provided;
(D) The procedural safeguards that apply;
  and
(E) A description that the
  Individualized Family Service Plan (IFSP) services provided will include an
  educational component that promotes school readiness and incorporates
  pre-literacy, language, and numeracy skills for children who are at least three
  years of age.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-012 - FAMILY RIGHTS

Current through June 17, 2024
The rights in this section are based on federal and state special
	 education law and Medicaid law and regulations in addition to the Nebraska
	 Early Intervention Act. To assure fair treatment of families within the Early
	 Intervention Program statewide, it is important that families know their rights
	 and that their rights are protected. See 34 CFR Part 303 and Nebraska
	 Department of Education regulations at 92 NAC 51 and 52.
012.01
NOTIFICATION OF
  RIGHTS.
Families must receive their rights for participation in
  the Early Intervention Program which include Medicaid provisions for the right
  to apply, the right to receive a timely response, and the right to appeal for
  Home and Community-Based Services (HCBS). The rights that govern the Early
  Intervention Program are defined in federal and state regulations (See 34 CFR
  303, 465 NAC, 471 NAC, and 480 NAC).
012.02
LEGAL ASSISTANCE IN
  HEARING.
In the case of a parent initiating hearing procedures as
  outlined in Nebraska Department of Education regulations at 92 NAC 52, the
  services coordination agency must inform the parent of any free or low-cost
  legal and other relevant services available in the area if the parent requests
  the information or if the parent initiates a hearing under Nebraska Department
  of Education regulations at 92 NAC 55.
012.03
NOTIFICATION OF ADVERSE
  DECISIONS.
Persons who request, apply for, or receive Home and
  Community-Based Services (HCBS) may appeal any adverse action or inaction. The
  services coordinator must send written notice of denial, reduction, or
  termination of services to the child's guardian as outlined in 480 NAC 2.
  Notice to the child's guardian must contain:
(A) A clear statement of the action to be
  taken;
(B) A clear statement of the
  reason for the action;
(C) Specific
  policy reference which supports such action; and
(D) A complete statement of the guardian's
  right to appeal.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-014 - NOTIFICATION IN NATIVE LANGUAGE

Current through June 17, 2024
All notices must be written in language understandable to the general
	 public and in the family's native language, including the following
	 considerations, unless clearly not feasible to do so.
014.01
EXPLANATION OF
  SERVICES.
The services coordinator explains to the family, in a
  way that they can understand, what the Early Intervention Program has to offer
  and the process for determining eligibility under early intervention. If the
  native language or other mode of communication of the parent is not a written
  language, the services coordinator must take steps to ensure that
(A) The notice is translated orally or by
  other means to the parent in the parent's native language or other mode of
  communication;
(B) The parent
  understands the notice; and
(C)
  There is written evidence that these requirements have been met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-015 - CONSENT

Current through June 17, 2024
Families have the right to informed consent in the Early Intervention
	 Program which includes:
(A) Families
  have the right to be fully informed of all information about the activity for
  which consent is sought in their native language or other means of
  communication;
(B) Families have
  the right to know that consent is voluntary and may be withdrawn at any
  time;
(C) Families have the right
  to accept or refuse any or all early intervention services without losing the
  remaining early intervention services. The Individualized Family Service Plan
  (IFSP) provides written notice of the appropriate services which will be
  provided to the child and family;
(D) Families must give written consent
  before:
(i) The first screening, evaluation
  and assessment of the child and any later evaluation; and
(ii) Implementation of early intervention
  services as part of the Individualized Family Service Plan (IFSP). The
  Individualized Family Service Plan (IFSP) provides for the written consent of
  the family to provide services to the child and family. Although the family may
  accept or reject any part of the early intervention services offered, the child
  will not receive services until the parents have provided written consent for
  the service(s) on the Individualized Family Service Plan
  (IFSP).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-016 - SURROGATE PARENTS

Current through June 17, 2024
A surrogate parent has the same rights as a parent for all purposes
	 under this regulation. No state employee, or anyone providing services to the
	 child or the child's family member, nor any person who has a personal or
	 professional interest that conflicts with the interest of the child he or she
	 represents may act as a surrogate. Appointment of a surrogate is outlined in
	 Nebraska Department of Education regulations at 92 NAC 52.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-017 - FORMS

Current through June 17, 2024
All forms utilized in the Early Intervention Program are state-mandated
	 to ensure consistency and adherence to family rights and all laws and
	 regulations that govern the Program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-019 - SERVICES COORDINATION PROVIDERS

Current through June 17, 2024
All services coordination agencies must complete all required steps to
	 become an enrolled Medicaid provider. The services coordination agency must
	 follow all requirements, provisions and scope of services as set forth in NAC
	 Titles 465, 471, and 480.
019.01
SUBCONTRACT AUTHORIZATION.
Written authorization is
  required for subcontracting for services coordination services with another
  agency. The services coordination agency must assure that all subcontractors
  meet the requirements set forth in the services coordination agreement or
  contract.
019.02
MONITORING.
The co-lead agencies are responsible for
  monitoring the Early Intervention Program which will occur on a cyclical basis
  to ensure adherence to all rules and regulations governing the
  Program.
019.03
NO
  ADVOCACY.
The family has the right to appeal, however the services
  coordinator must not provide assistance nor serve as advocate or representative
  in any adverse issue related to Medicaid or these regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 2 - PROGRAM REVIEW AND ADMINISTRATION › Section 480-2-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
The regulations govern the services provided under Nebraska's Medicaid
	 program as defined by Nebraska Revised Statutes (Neb. Rev. Stat.) §
									68-901
	 Et seq. (the Medical Assistance Act).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 2 - PROGRAM REVIEW AND ADMINISTRATION › Section 480-2-003 - ADMINISTRATION

Current through June 17, 2024
003.01
APPLICABILITY.
The provisions outlined in 480 NAC
  2-000 apply to all services in Title
  480 Chapters
  2-000 to
  6-000.
003.02
COST
  EFFECTIVENESS.
The average cost of Waiver services funded by
  Medicaid must not exceed the average cost to Medicaid for nursing facility
  services. Medicaid Waiver services must be cost effective in two distinct ways:
(A) In any year that the Waiver is in effect,
  the average per capita expenditures under the Waiver cannot exceed 100 percent
  of the average per capita expenditures that would have been made under the
  Medicaid State plan for the specified level of care had the Waiver not been
  granted; and
(B) In any year that
  the Waiver is in effect, the actual total expenditures for Home and
  Community-Based Waiver and other Medicaid services, including the corresponding
  claim for Federal Financial Participation (FFP) in expenditures for the
  services provided to individuals under the Waiver, cannot exceed 100 percent of
  the amount that would be incurred in the absence of the Waiver by the State's
  Medicaid program for these individuals in the specified institutional
  setting.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 2 - PROGRAM REVIEW AND ADMINISTRATION › Section 480-2-004 - REQUIREMENTS APPLICABLE TO ALL MEDICAID HOME AND COMMUNITY-BASED SERVICES (HCBS) WAIVER SETTINGS

Current through June 17, 2024
In addition to the participant rights outlined in 480 NAC
	 3-000, and requirements outlined in
	 each service specific section each provider must ensure that their setting
	 affords each participant, specific person-centered opportunities.
004.01
INTEGRATION AND
  ACCESS.
The setting must be integrated in and support full access
  of individuals receiving Medicaid Home and Community-Based Services (HCBS) to
  the greater community, including opportunities to seek employment and work in
  competitive integrated settings based on services offered or available under
  each Waiver, engage in community life, control personal resources, and receive
  services in the community, to the same degree of access as individuals not
  receiving Medicaid Home and Community-Based Services (HCBS).
004.02
PARTICIPANT
  CHOICE.
The setting must be selected by the participant from among
  setting options including non-disability specific settings and an option for a
  private unit in a residential setting. The settings options must be identified
  and documented in the personcentered service plan and be based on the
  individual's needs, preferences and, for residential settings, resources
  available for room and board.
004.03
PARTICIPANT RIGHT TO
  PRIVACY.
The setting must ensure a participant's rights of
  privacy, dignity, respect, and freedom from coercion and restraint.
004.04
PARTICIPANT
  INDEPENDENCE.
Each participant must have the opportunity to
  optimize individual initiative, autonomy, and independence. The setting must
  optimize, but not regiment, individual initiative, autonomy, and independence
  in making life choices including but not limited to, daily activities, physical
  environment, and interactions with individuals of the participant's
  choice.
004.05
FACILITATION OF CHOICE.
The setting must facilitate
  individual choice regarding services and supports, and who provides
  them.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 2 - PROGRAM REVIEW AND ADMINISTRATION › Section 480-2-005 - NOTIFICATION OF ADVERSE DECISIONS

Current through June 17, 2024
Refer to 465 NAC
	 2-000 and
	 6-000, and title 477 NAC
	 3-000,
	 9-000, and
	 10-000. Persons who request, apply
	 for, or receive services may appeal any adverse action or inaction. These may
	 include, but are not limited to, a potential Waiver participant being denied
	 services, a Waiver participant's services being reduced, or a Waiver
	 participant determined ineligible for Waiver services.
005.01
MEDICAID
  ELIGIBILITY.
If the termination of Waiver services is because of
  loss of Medicaid eligibility, the effective date of the termination must match
  the effective date of the termination of Medicaid eligibility.
005.02
DENIAL OR TERMINATION OF
  ELIGIBILITY.
Eligibility for Medicaid Waiver services may be
  denied or terminated for any of the following reasons:
(A) The unavailability of Waiver
  capacity;
(B) The participant has
  no Waiver service need;
(C) The
  participant has not used Waiver services in the most recent 60 calendar
  days;
(D) The participant's needs
  are being met by another source;
(E) The participant does not meet priority
  assessment criteria;
(F) The
  participant or their guardian has not supplied needed information to complete
  the eligibility or person-centered plan (PCP) review process;
(G) The participant fails to meet the
  specified eligibility criteria at the initial determination or a later
  re-determination;
(H) A
  person-centered plan (PCP) cannot be developed and maintained which protects
  the participant's health and welfare;
(I) The participant or their guardian has not
  signed necessary forms consenting to Waiver services;
(J) The participant or their guardian
  voluntarily withdraws;
(K) The
  participant moves out of Nebraska;
(L) The death of the participant;
(M) The agency loses contact with the
  participant and the participant's whereabouts are unknown;
(N) The need for Assistive Technology
  Supports (ATS), Home and Vehicle Modifications (H/VM) has been addressed and no
  other Waiver services are needed;
(O) The participant or their guardian is not
  able to meet in-person with their Services Coordinator at least every three
  months; or
(P) The participant has
  become a resident of a nursing facility, intermediate care facility for the
  developmentally disabled (ICF/DD), or an institute for mental disease and is
  expected to remain there for more than 60 days.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 2 - PROGRAM REVIEW AND ADMINISTRATION › Section 480-2-006 - APPEALING DECISIONS OR ACTIONS

Current through June 17, 2024
The Department provides opportunities for fair hearings as defined in
	 42 Code of Federal Regulations (CFR) 431, Subpart E, to participants or their
	 legal representatives who are not given the choice of Medicaid Home and
	 Community-Based Services (HCBS) as an alternative to nursing facility services
	 or who are denied the services of their choice. Refer to 465 NAC
	 2-000 and
	 6-000, and title 477 NAC
	 3-000,
	 9-000, and
	 10-000.
006.01.
RIGHT TO
  APPEAL.
Medicaid Waiver participants or their guardians have the
  right to appeal the following decisions or actions:
(A) Refusal to accept a request for Waiver
  assessment;
(B) Failure to act upon
  a request within the mandated time period;
(C) Failure to offer the choice between
  Medicaid Aged and Disabled Waiver services and nursing facility
  services;
(D) Denial, termination,
  or reduction of services; and
(E)
  Termination of the Medicaid Waiver case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 3 - PARTICIPANT ACCESS AND REQUIREMENTS › Section 480-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
The regulations govern the services provided under Nebraska's Medicaid
	 program as defined by Nebraska Revised Statutes (Neb. Rev. Stat.) §
									68-901
	 Et seq. (the Medical Assistance Act).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 3 - PARTICIPANT ACCESS AND REQUIREMENTS › Section 480-3-003 - PARTICIPANT ELIGIBILITY

Current through June 17, 2024
003.01
ELIGIBILITY CRITERIA.
Participants eligible for Waiver
  services must:
(A) Be eligible for Nebraska
  Medicaid in a category authorized to receive services from the Waiver under
  which services are being requested;
(B) Have conditions which place the
  individual in the target populations identified in the Waiver under which
  services are being requested;
(C)
  Have participated in an assessment, including any reassessments, with a
  services coordinator in accordance with this chapter;
(D) Meet the nursing facility level of care
  criteria outlined in Title 471 Nebraska Administrative Code (NAC);
(E) Be determined that meeting the care needs
  of the participant would not result in Nebraska violating the cost
  effectiveness requirements outlined in this chapter;
(F) Receive an explanation of nursing
  facility services and Waiver services and choose to receive Waiver services;
  and
(G) Use Waiver services at
  least every 60 days. Exceptions apply for cases that are Assistive Technology
  Supports (ATS) or Home and Vehicle Modification (H/VM) requests only, or in the
  event there is a delay in enrollment of the preferred provider.