reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-004 - CLIENT'S ABILITY TO PAY

Current through June 17, 2024
The following documents must be completed and submitted to the
	 Department by the client, or the client's legal guardian, spouse, or parent, if
	 applicable:
(A) Financial
  questionnaire detailing income, assets, and liabilities;
(B) Statement of insurance
  coverage;
(C) Signed bank release
  form for all accounts;
(D) Signed
  US citizenship attestation form; and
(E) Signed authorization to request a copy of
  the Nebraska tax return.
004.01
NET ASSETS
. The Department deducts liabilities from
  income and assets to determine available net assets eligible to pay for care.
  The available net assets eligible to pay for care is multiplied by a percentage
  to determine the amount the client has to pay. The percentages are:
004.01(A)
CLIENT WITH NO
  DEPENDANTS
. For a client with no dependents and who is receiving
  services, 1.5% of the available net assets eligible to pay for care is owed for
  care.
004.01(B)
CLIENT
  WITH DEPENDANTS
. For a client with dependents and who is receiving
  services, 1.0% of the available net assets eligible to pay for care is owed for
  care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-005 - SPOUSE'S ABILITY TO PAY

Current through June 17, 2024
When a client is unable to pay the entire cost of care, and the client
	 and the client's spouse file separate tax returns, the client's spouse must
	 submit his or her Nebraska tax return. If the client's spouse did not file a
	 Nebraska tax return, the client's spouse must submit a copy of his or her
	 federal tax return. The client's spouse's ability to pay will be assessed at
	 1.5% of the client's spouse's annual taxable income.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-006 - PARENT'S ABILITY TO PAY

Current through June 17, 2024
When a client is unable to pay the entire cost of care, the client's
	 parents must submit their Nebraska tax return. If the client's parents did not
	 file a Nebraska tax return, the client's parents must submit a copy of their
	 federal tax return. The client's parents' ability to pay will be assessed at
	 0.5% of the client's parents' annual taxable income.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-007 - HARDSHIP WAIVER

Current through June 17, 2024
The spouse or parents of a client may petition the Department to waive
	 the ability to pay requirement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-008 - HEARINGS

Current through June 17, 2024
Hearings will be held according to Title 465 of the Nebraska
	 Administrative Code.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-009

Current through June 17, 2024
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-010

Current through June 17, 2024
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-011

Current through June 17, 2024
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-012

Current through June 17, 2024
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 202 - OPERATIONS WITHIN FACILITIES AND COMMUNITY-BASED SERVICES FOR PERSONS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES › Chapter 1 - DETERMINING ABILITY TO PAY FOR SUPPORTS AND SERVICES FUNDED BY THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES › Section 202-1-013

Current through June 17, 2024
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 1 - SCOPE AND DEFINITIONS › Section 206-1-001 - SCOPE AND LEGAL AUTHORITY

Current through June 17, 2024
This title governs the administration of Nebraska's Public Behavioral
	 Health System. These regulations are authorized by and implement the Nebraska
	 Behavioral Health Services Act, Nebraska Revised Statute (Neb. Rev. Stat.)
	 §§
									71-801
	 to
	 71-831.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 1 - SCOPE AND DEFINITIONS › Section 206-1-002 - DEFINITIONS

Current through June 17, 2024
For purposes of this Title, the definitions in Neb. Rev. Stat. §
									71-804
	 and the following apply.
002.01
ACTIVITIES OF DAILY LIVING.
Activities that allow
  individuals to live successfully in non-institutional settings. Development of
  daily living skills involves an organized service which provides skill building
  needed by the consumer in such areas as personal hygiene, selfcare,
  interpersonal skills, self-direction, meal preparation and nutrition, as well
  as, other related areas required to successfully live independently in the
  community. This may also be referred to as "basic daily living
  skills".
002.02
ADULT
  WITH SEVERE AND PERSISTENT MENTAL ILLNESS.
An individual who:
(A) Is age 19 and older;
(B) Has a primary diagnosis of schizophrenia,
  major affective disorder, or other major mental illness under the current
  edition of the Diagnostic and Statistical Manual of Mental Disorders published
  by the American Psychiatric Association. Developmental disorders or
  psychoactive substance use disorders may be included if they co-occur with the
  primary mental illnesses listed above;
(C) Is at significant risk of continuing in a
  pattern of either institutionalization or living in a severely dysfunctional
  way if needed mental health services are not provided, and this pattern has
  existed for 12 months or longer or is likely to endure for 12 months or longer;
  and
(D) Has a degree of limitation
  that seriously interferes with the individual's ability to function
  independently in an appropriate and effective manner, as demonstrated by
  functional impairments which substantially interferes with or limits at least
  two of three areas:
(i) Vocation or
  education;
(ii) Social skills;
  or
(iii) Activities of daily
  living.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 2 - ADMINISTRATION › Section 206-2-001 - CONTRACTS

Current through June 17, 2024
The Division will contract for the delivery of behavioral health
	 programs and services.
001.01
SUBMISSION OF REPORTS AND OTHER DOCUMENTS.
The
  Division has the authority to request that all contractors provide reports,
  evaluations, plans, and any other documents as deemed necessary by the Division
  for monitoring and accountability.
001.02
INSPECTIONS.
The Division has the authority to inspect all programmatic and fiscal records
  of each all contractors, which must allow access for on-site monitoring by
  authorized representatives of the Division.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 2 - ADMINISTRATION › Section 206-2-002 - ALTERNATIVE COMPLIANCE

Current through June 17, 2024
The Division has the discretion to authorize alternative methods of
	 compliance with any standards or compliance procedures specified in these
	 regulations, as deemed appropriate to further the development and
	 implementation of recovery-oriented and person-centered community-based
	 behavioral health services.
002.01
REQUESTING ALTERNATIVE COMPLIANCE.
To apply for
  alternative compliance with a regulation, a provider must submit a written
  request to the Division. This request must include:
(A) The citation of the specific regulation
  for which alternative compliance is being requested;
(B) Reasons for the request for alternative
  compliance;
(C) If appropriate,
  activities or performance criteria to replace the requirement of the regulation
  and the date the provider is expected to attain compliance;
(D) The signature of the organization's
  program director or individual provider;
(E) Authorization from the provider's
  governing body, if applicable, to request alternative compliance;
(F) Approval by the regional governing board
  when the provider is under contract with the Regional Behavioral Health
  Authority; and
(G) Documentation of
  how alternative compliance with the regulation would enhance quality,
  accessibility, public safety, and cost effectiveness.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 2 - ADMINISTRATION › Section 206-2-003 - INFORMAL DISPUTE RESOLUTION AND ADMINISTRATIVE APPEALS

Current through June 17, 2024
A client, guardian, or provider has the right to appeal a service
	 authorization denial after all available appeals through the service
	 authorization appeals process have been exhausted.
003.01
COMMENCEMENT OF APPEAL
  PROCESS.
A client, guardian, or provider may begin the appeal
  process by either:
(A) Requesting an informal
  dispute resolution in writing within 14 calendar days following the service
  authorization denial; or
(B)
  Requesting a formal administrative appeal in writing within 30 calendar days
  following the service authorization denial.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 3 - CONTRACTING REQUIREMENTS FOR REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-3-001 - ADMINISTRATION AND MANAGEMENT

Current through June 17, 2024
The Division provides funding and oversight of six local Regional
	 Behavioral Health Authorities for the provision of publically funded community
	 mental health and substance use disorder services.
001.01
REGIONAL ADVISORY
  COMMITTEE.
Pursuant to Neb. Rev. Stat. §
									71-808,
  each Regional Behavioral Health Authority must establish and utilize a Regional
  Advisory Committee for the purpose of advising the Regional Behavioral Health
  Authority on needs and matters relating to community behavioral health services
  provided in the Region.
001.01(A)
COMMITTEE MEMBERSHIP.
The Regional Advisory Committee
  membership must be consistent with Neb. Rev. Stat. §
										71-808.
001.01(B)
COMMITTEE
  PROCEDURES.
Procedures must be established to prevent a conflict
  of interest for members of the committee who may benefit financially or
  programmatically from their participation.
001.01(C)
MEMBERSHIP
  LIST.
Each Regional Behavioral Health Authority must submit an
  annual updated list of the names, addresses, and phone numbers of the officers
  and members of the Regional Advisory Committee to the Division by July
  1.
001.01(D)
MEETINGS.
The Regional Advisory Committee must meet
  quarterly per year at a minimum.
001.01(E)
ADVICE
  PROCEDURES.
The Regional Behavioral Health Authority must develop
  procedures for soliciting advice from the Regional Advisory Committee,
  including procedures for input into the regional planning process, budget
  development and approval, contracting, evaluation, and other related
  areas.
001.01(F)
DOCUMENTATION.
The Regional Behavioral Health
  Authority must document the input received from the Regional Advisory
  Committee.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 3 - CONTRACTING REQUIREMENTS FOR REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-3-002 - ANNUAL REGIONAL BUDGET PLAN

Current through June 17, 2024
Pursuant to Neb. Rev. Stat. §
									71-809
	 the Regional Behavioral Health Authority must annually submit to the Division a
	 Regional Budget Plan in a format specified by the Division that is consistent
	 with the state plan.
002.01
ANNUAL BUDGET PLAN REQUIREMENTS.
The Annual Regional
  Budget Plan must include, but is not limited to:
(A) A proposed budget that projects expenses
  and the allocation of funds for the recovery-oriented and person-centered
  community-based services to be offered in the Region; and
(B) A projection of all other revenues from
  all sources for each community behavioral health provider and the Regional
  Behavioral Health Authority in a manner specified by the Division.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 3 - CONTRACTING REQUIREMENTS FOR REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-3-003 - CONTRACTING

Current through June 17, 2024
The Regional Behavioral Health Authority is responsible for contracting
	 for the publicly funded behavioral health services for consumers within its
	 designated Region, consistent with the approved Regional Budget Plan.
	 Contracting must meet the following requirements.
003.01
REGION SERVICES AND
  CONTRACTS.
The Regional Behavioral Health Authority must comply
  with Neb. Rev. Stat. §
									71-809
  for all services provided or services contracted through the Region.
003.02
REQUESTS FOR
  PROPOSAL.
The Regional Behavioral Health Authority must publicize
  and distribute a request for proposal that has been approved by the Division,
  with the exception of services funded by time-limited discretionary grants.
  Approved requests for proposal must be released with adequate public notice
  before notification of an award to ensure an open and fair competitive process.
  Each Regional Behavioral Health Authority is expected to make reasonable
  efforts to contact all potentially eligible bidders.
003.03
REQUESTS FOR PROPOSAL
  CONTENTS.
Requests for proposals for services must at a minimum
  contain:
(A) A clear description of the
  process by which consumers are directly and actively involved in the
  development, implementation, and evaluation of the services to be
  provided;
(B) A clear description
  of the services to be provided;
(C)
  A clear description of the minimum qualifications for prospective
  bidders;
(D) Accurate data related
  to the service;
(E) The process to
  be used to determine the award; and
(F) The process for appeal.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 3 - CONTRACTING REQUIREMENTS FOR REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-3-004 - CONFLICT OF INTEREST

Current through June 17, 2024
The Regional Behavioral Health Authority must have policies and
	 procedures that guard against a conflict of interest between the Regional
	 Behavioral Health Authority, a current or prospective provider, or any
	 individual member of either organization.
004.01
POLICIES AND
  PROCEDURES.
The Regional Behavioral Health Authority must have
  policies and procedures that, at a minimum, ensure no person covered under the
  Regional Behavioral Health Authority, a current or prospective provider, or any
  individual member of either organization:
(A)
  Is the recipient of gifts or gratuities, with financial value or otherwise,
  from individuals or organizations doing business with the Regional Behavioral
  Health Authority or a provider;
(B)
  Misuses confidential information;
(C) Uses the organization's personnel,
  resources, property, or funds for personal financial gain;
(D) Employs persons related by kinship or
  personal or professional association without prior written approval from the
  Regional Behavioral Health Authority; or
(E) Uses or attempts to use any official
  position to secure unwarranted privileges or exemptions for themselves or
  others.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 3 - CONTRACTING REQUIREMENTS FOR REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-3-005 - DISASTER PLANNING

Current through June 17, 2024
The Regional Behavioral Health Authority must have the capacity to
	 respond to the psychosocial needs of people affected by a disaster within the
	 Region's assigned geographic area, consistent with the state disaster plan. The
	 Regional Behavioral Health Authority must have a written plan prepared to meet
	 the disaster-generated psychosocial needs for the people residing within the
	 Region.
005.01
DISASTER
  RESPONSE PLAN.
The Regional Behavioral Health Authority disaster
  response plan must reflect coordination of its disaster preparations and
  response with the other emergency responders in the Region's assigned
  geographic area.
005.02
PERSONNEL.
The Regional Behavioral Health Authority
  must work in cooperation with the local emergency management organization and
  the Division to organize, recruit, and train qualified behavioral health staff
  to respond in times of disaster. The behavioral health personnel designated to
  serve as part of the disaster response team must have received training to
  develop skills for providing psychosocial support after disaster.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 3 - CONTRACTING REQUIREMENTS FOR REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-3-006 - INABILITY TO PAY

Current through June 17, 2024
A provider funded in whole or in part under a contract with the
	 Division must not deny or suspend services to persons residing in Nebraska
	 because of an inability to pay scheduled fees, including preadmission deposits,
	 co-payments, or other payments required from the consumer.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 4 - REQUIREMENTS FOR PROVIDERS CONTRACTING WITH REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-4-001 - ACCREDITATION

Current through June 17, 2024
To receive funds administered by the Division for service delivery,
	 providers must submit:
(A) A current
  copy of the required licenses issued by the Department or the applicable local
  licensing authorities of competent jurisdiction which apply to the
  program;
(B) Documentation on the
  type of provider seeking approval to operate the programs; and
(C) National accreditation appropriate to the
  provider's mission approved by the Director. Documentation of national
  accreditation must include:
(i) A complete
  copy of the most recent official accreditation report;
(ii) Documentation of the most recent
  official award of accreditation; and
(iii) A complete copy of the plan of
  correction submitted in response to the official accreditation report, if
  applicable.
001.01
EXCEPTIONS.
The national accreditation requirements do
  not apply:
(A) To substance abuse prevention
  funds;
(B) To individual
  practitioners or small groups of individual practitioners providing outpatient
  services; or
(C) When a nationally
  recognized accreditation organization appropriate to the provider's mission
  cannot be identified.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 4 - REQUIREMENTS FOR PROVIDERS CONTRACTING WITH REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-4-002 - ACCREDITATION DEVELOPMENT PLAN

Current through June 17, 2024
Those providers that do not have documentation of official award of
	 national accreditation approved by the Director must submit an accreditation
	 development plan for progressively bringing the provider into national
	 accreditation status during a period not to exceed two years from approval.
	 During the time a provider is working toward national accreditation under an
	 accreditation development plan, the provider must meet the standards for
	 behavioral health services. The accreditation development plan must demonstrate
	 a systematic approach toward achieving national accreditation and must include:
(A) Policies and procedures to be
  followed during the accreditation development plan period including policies
  and procedures for protecting the life, safety, and rights of consumers
  served;
(B) A quality improvement
  program which follows the standards set by the national accreditation body
  which is being sought by the provider;
(C) A separate written plan submitted to the
  Division for accomplishing the national accreditation. The plan must include:
  the type of national accreditation being sought that is appropriate to the
  provider's mission and includes goals; measurable objectives; target dates;
  contact information for the person responsible; and deadlines for making
  application for national accreditation and for scheduling the national
  accreditation survey; and
(D) A
  report on the results of a self-administered survey following the standards set
  by the national accreditation body which is being sought by the provider.
002.01
PROGRESS
  REPORTS.
The provider must submit to the Region a semi-annual
  written progress report on the implementation of the accreditation development
  plan.
002.02
ANNUAL
  REVISIONS.
The provider must revise the accreditation development
  plan on an annual basis to reflect its present situation.
002.03
ACCREDITATION
  MONITORING.
The Region must monitor the provider's progress until
  accreditation is granted.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 4 - REQUIREMENTS FOR PROVIDERS CONTRACTING WITH REGIONAL BEHAVIORAL HEALTH AUTHORITIES › Section 206-4-003 - TERMINATION OF PROCESS

Current through June 17, 2024
The falsification of documents or information by the provider or
	 individual to the Department is grounds to immediately terminate the provider
	 application process or the existing provider approval.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 5 - CONSUMER ELIGIBILITY › Section 206-5-001 - TRAUMA-INFORMED SERVICES

Current through June 17, 2024
Providers must consistently screen for trauma symptoms and history of
	 traumatic events; provide ongoing review of trauma symptoms and problems
	 related to that trauma; and offer services that are recovery-oriented and
	 trauma-informed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 6 - MENTAL HEALTH BOARD TRAINING › Section 206-6-002 - REQUIREMENT FOR TRAINING

Current through June 17, 2024
All mental health board members and alternate members must attend and
	 satisfactorily complete the mental health board training at least once every
	 four years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 6 - MENTAL HEALTH BOARD TRAINING › Section 206-6-003 - TRAINING

Current through June 17, 2024
If the member or alternate member completes training through video or
	 audio media or other self-study courses, the member must provide proof of
	 completion of the training to the Department by affidavit or other method as
	 determined by the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 7 - PEER SUPPORT › Section 206-7-001 - CERTIFICATION

Current through June 17, 2024
To obtain a certificate to provide peer support in Nebraska, an
	 individual must submit a completed application and provide documentation of
	 meeting the certification requirements.
001.01
APPLICATION.
All applicants must submit a completed application, including all required
  supporting documentation utilizing the Department's approved application form.
  The following information is required:
(A)
  Legal name and any other names by which the applicant is known;
(B) Mailing address;
(C) Social Security Number or Alien
  Registration Number, if the applicant has both, both need to be
  reported;
(D) Date and place of
  birth; and
(E) Phone number and
  email address.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 7 - PEER SUPPORT › Section 206-7-002 - RENEWAL AND CONTINUING EDUCATION

Current through June 17, 2024
All certificates issued by the Department pursuant to these
	 regulations expire on September 1 st of each odd numbered year.
002.01
RENEWAL
  INFORMATION.
The certificate holder must submit a completed
  renewal application, prior to the expiration date, utilizing the Department's
  approved renewal application form. The certificate holder must provide:
(A) Legal name and any other names by which
  the certificate holder is known;
(B) Mailing address;
(C) Social Security Number or Alien
  Registration Number, if the certificate holder has both, both need to be
  reported;
(D) Telephone number and
  E-mail address; and
(E) An
  attestation to the completion of at least 20 hours of continuing education per
  certification period in the designated peer support domains. Of the twenty 20
  hours, six hours must be in ethics. Continuing education must be completed
  during the renewal period for which credit is sought. Credit will not be
  received for the same continuing education program more than once per biennial
  renewal period.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 7 - PEER SUPPORT › Section 206-7-004 - MANDATORY REPORTING

Current through June 17, 2024
A certificate holder shall, within 30 days of an occurrence described
	 in this section, report to the Department:
(A) Loss of employment due to alleged
  incompetence, negligence, unethical or unprofessional conduct, or impairment by
  alcohol, drugs, controlled substances or any mind-altering substance and an
  explanation of the events that led to the loss of employment;
(B) Conviction of a felony or misdemeanor in
  Nebraska or another jurisdiction and provide required documentation;
  or
(C) An entry on a Child and
  Adult Abuse and Neglect Central Registry or Sex Offender Registry or equivalent
  registry in Nebraska or another jurisdiction and an explanation of the
  incident.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 7 - PEER SUPPORT › Section 206-7-005 - PEER SUPPORT CORE CURRICULUM TRAINING COURSE APPROVAL

Current through June 17, 2024
To receive approval of a peer support core curriculum training course
	 that is required for applicants, the following is required to be submitted to
	 the Department:
(A) Name,
  qualifications of the instructor submitting peer support core curriculum for
  approval, and instructors who will be assisting in providing education and
  support to the class. One instructor must be a Nebraska Certified Peer Support
  Specialist in good standing;
(B) An
  attestation that the trainer to trainee ratio will be a minimum of one
  instructor per ten students;
(C)
  Curriculum including course competencies and amount of hours spent in each
  course competency for a total of 60 hours of total course work with a minimum
  of 40 hours of live, interactive training. All 60 hours must meet the
  competencies specified within the following 13 domains including a minimum of
  10 hours in ethics:
(i) Engages peers in
  collaborative and caring relationships;
(ii) Support;
(iii) Shares lived experiences of
  recovery;
(iv) Personalized peer
  support;
(v) Supports recovery
  planning;
(vi) Links to resources,
  services, and supports;
(vii)
  Provides information about skills related to health, wellness, and
  recovery;
(viii) Helps peers to
  manage crises;
(ix) Values
  communication;
(x) Supports
  collaboration and teamwork;
(xi)
  Promotes leadership and advocacy;
(xii) Promotes growth and development;
  and
(xiii) Ethics;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 206 - BEHAVIORAL HEALTH SERVICES › Chapter 7 - PEER SUPPORT › Section 206-7-006 - NON-ENGLISH DOCUMENTS

Current through June 17, 2024
Any documents written in a language other than English must be
	 translated. An individual may not translate his or her own non-English
	 documents. For the translation to be considered, it must contain:
(A) The original English
  translation;
(B) A certification
  containing the original notarized signature of the translator or certification
  statement, attesting that the translator is:
(i) Fluent in English;
(ii) Fluent in the language of the original
  non-English document;
(iii)
  Competent to render the translation; and
(iv) That the translation is a complete and
  accurate rendition of the original language; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 390 - CHILD WELFARE AND JUVENILE SERVICES › Chapter 1 - JUVENILE SERVICES › Section 390-1-001 - AUTHORITY

Current through June 17, 2024
State law provides for the supervision of juveniles by
				  employees of the Nebraska Department of Health and Human Services - Office of
				  Juvenile Services (DHHS-OJS). The Office of Juvenile Services Act (Neb. Rev.
				  Stat. §§
									43-401 to
				  43-424) describes the duties and
				  responsibilities for the Office of Juvenile Services. The Nebraska Juvenile
				  Code (Neb. Rev. Stat. §§
									43-245 to
				  43-2,129) authorizes the Nebraska
				  Department of Health and Human Services - Office of Juvenile Services to accept
				  for treatment or commitment juveniles who have been so ordered by a juvenile
				  court.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 390 - CHILD WELFARE AND JUVENILE SERVICES › Chapter 1 - JUVENILE SERVICES › Section 390-1-002 - LEVELS OF PLACEMENT

Current through June 17, 2024
There are three levels of placement for juvenile offenders.
				  From least restrictive to most restrictive, the three levels of placement
				  are:
1. In the juvenile's
				home;
2. Out of the home (but still
				in the community); or
3. At a Youth
				Rehabilitation and Treatment Center (YRTC), or a similar setting identified by
				the Department, which may be a self-contained, staff secure, or secure
				facility.
002.01
PLACEMENT CHANGE.
A juvenile committed to the
				Department of Health and Human Services - Office of Juvenile Services for
				community supervision shall only have a change in placement under the
				conditions outlined in this section.
002.01(A)
CHANGE TO MORE
				RESTRICTIVE SETTING.
A placement change that moves a juvenile
				offender to a more restrictive setting must be approved by the juvenile court,
				unless one of the exceptions outlined in 390 Nebraska Administrative Code (NAC)
				1-002.02(A)(i) applies.
002.01(A)(i)
EXCEPTIONS.
The Department of Health and Human
				Services - Office of Juvenile Services may make an immediate temporary change
				of placement without prior approval by the court if the juvenile is:
1. In a harmful or dangerous
				situation;
2. Suffering a medical
				emergency;
3. Exhibiting behaviors
				which warrant temporary removal; or
4. Has been placed in a non-state-owned
				facility and such facility has requested that the juvenile be removed.
If such placement change is made, court approval shall be
				  sought within 15 days of the placement change.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-003 - LICENSING REQUIREMENTS AND PROCEDURES

Current through June 17, 2024
Any person intending to establish, operate, or maintain a
				  Family Child Care Home I must first obtain a license from the Department. An
				  applicant must show that the child care program meets all licensing
				  requirements contained in these regulations, 391 NAC 1.
003.01
Provisional License
Provisional licenses are issued to all newly licensed Family
				  Child Care Home I programs. Provisional licenses are effective for one
				  year.
1-003.01A
Application Requirements
: An applicant for a provisional Family
				Child Care Home I license must submit:
1. A
				complete, accurate, written and signed application and disclosure of ownership
				on a form provided by the Department, which contains all information required
				and authorized by the Child Care Licensing Act;
2. For the purpose of complying with
Neb. Rev. Stat.
§§
											4-108
				to
				4-114,
				an attestation that s/he is a U.S. citizen or a qualified alien lawfully
				present in the U.S. The applicant must provide his/her immigration status and
				alien number, and agree to provide a copy of his/her USCIS documentation upon
				request;
3. Consent for central
				registry checks and authorization for release of information for the applicant,
				all staff and volunteers age 13 or older, and all household members age 13 or
				older;
4. Documentation of a
				criminal history record check for the applicant, all staff and volunteers age
				19 or older, and all household members age 19 or older (see
				1-006.02A);
5. A Report of Law Enforcement Contact for
				the applicant, all staff and volunteers age 19 or older, and all household
				members age 19 or older (see
				1-006.02C);
6. A Health Information Report for the
				applicant on a form provided by the Department (see
				1-006.02F);
7. Documentation of completed CPR/First Aid
				training (see
				1-006.04F);
8. Documentation of completed pre-service
				orientation training by the Department;
9. A sketch, diagram, or blueprint of the
				facility showing the dimensions, arrangement of rooms to be used by the
				children, and outdoor play area;
10. Copies of zoning approval from the
				relevant jurisdiction;
11. The $25
				licensing fee (see 1-004.06);
12. A
				completed Rules Compliance Checklist; and
13. Documentation that the applicant resides
				at the address on the application for licensure.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01
License Not
				Transferable
A Family Child Care Home I license is not transferable or
				  assignable and is only valid at the address printed on the
				  license.
004.02
Posting of License and Availability of License Record
				Information
The license, including any applicable status or amendment,
				  must be displayed in a prominent place so that it is clearly visible to parents
				  and others. A provisional FCCH-I license will be marked "Inspection Pending"
				  until the Department conducts the 60-day inspection of the home. (See 1-005.01
				  and 1-005.05.) The Department will note completion of the inspection on the
				  license. The licensee must ensure that license record information and
				  inspection reports are available for public viewing upon
				  request.
004.03
Alternative Compliance
The Department may grant alternative compliance with a
				  regulation under the following conditions.
1-004.03A
Written
				Request
: A request for alternative compliance must be submitted to
				the Department in writing and must include:
1. The regulation for which alternative
				compliance is being requested;
2.
				The reason(s) for the alternative compliance request;
3. A description of how the alternative will
				meet the intent of the regulation; and
4. How the alternative will offer equal
				protection for all children.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

Current through June 17, 2024
To determine compliance with licensing regulations, the
				  Department will inspect Family Child Care Home I programs as provided under the
				  Child Care Licensing Act and the Quality Child Care Act
005.01
Sixty-Day
				Inspection
The Department will conduct an unannounced inspection within
				  60 days of the issuance of a provisional, operating, or amended FCCH-I
				  license.
005.02
Annual License Inspection
The Department will conduct an unannounced inspection each
				  year to assess compliance with licensing regulations.
005.03
Follow-Up
				Inspection
The Department may conduct a follow-up inspection to
				  determine if the licensee has corrected all violations and to determine full
				  compliance with regulations following any type of inspection. If conducted, the
				  follow-up inspection will:
1. Occur no
				later than 60 days after the original inspection, or sooner if the licensee
				requests or if the violation needs to be corrected immediately; and
2. Be unannounced unless the program is
				closed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-006 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
To provide adequate protection to children in care and to
				  comply with state law, a Family Child Care Home I must meet the following
				  standards.
006.01
Licensee
				Qualifications and Requirements
The Family Child Care Home I licensee must:
1. Be at least 19 years of age;
2. Be of good moral character;
3. Be a U.S. citizen or qualified alien
				lawfully present in the U.S.;
4. Be
				responsible for the day-to-day operation of the child care program;
5. Read, understand, and be familiar with
				these regulations;
6. Make license
				record information and inspection reports available for public review upon
				request;
7. Be in compliance with
				all regulations whenever any children are in care;
8. Assess his/her own ability and the ability
				of all staff to provide care for children with special needs while meeting the
				needs of other children enrolled;
9. Not engage in any other employment that
				interferes with the care of children;
10. During the hours of operation, not be
				under the influence or allow any staff, volunteer, or household member to be
				under the influence of alcohol, controlled substances that have not been
				lawfully prescribed, or any other type of substance that would affect their
				ability to care for children;
11.
				Allow parents access to their children at all times that children are in care;
				Denial of immediate and unrestricted access to the licensed premises by parents
				may be basis for disciplinary action against the license;
12. Allow access to the premises by an agent
				or employee of the Department for the purpose of inspection, investigation, or
				other information collection activities necessary to carry out the duties of
				the Department;
13. Allow announced
				and unannounced inspections by state or local inspectors, investigators, or law
				enforcement officers for the purpose of investigation necessary to carry out
				their duties;
14. Not knowingly
				allow any individual to be on the premises if s/he has been convicted of,
				admitted to, or there is substantial evidence of, crimes involving intentional
				bodily harm, crimes against children, crimes involving the illegal use of
				controlled substances, or crimes involving moral turpitude;
15. Not knowingly allow any individual who is
				a registered sex offender on the premises, except that a parent who is a
				registered sex offender may be allowed on the premises only to pick up and drop
				off his/her child;
16. Not engage
				in or have a history of behavior injurious to or which may endanger the health
				or morals of children; and
17.
				Immediately file a report with the Child Abuse-Neglect Hotline (
				1-800-652-1999) and/or appropriate local law enforcement agency when s/he has
				reason to believe child abuse, neglect, or sexual abuse may be occurring in the
				family child care home, in the child's home, or elsewhere.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The child care home must be maintained in a manner that is
				  safe, clean, and functional for child care. The following regulations apply to
				  all areas of the child care home used for child care.
007.01
Activity
				Space
:
The child care home must have space for children's
				  activities, napping, and free play. The child care activity space must:
1. Have furnishings to accommodate all
				activities
and age-appropriate needs
of all children
				in care;
2. Be available for all
				children; and
3. Have at least 35
				square feet of activity space per child. Rooms not used for child care do not
				count in the square footage total.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-008 - DENIAL AND DISCIPLINARY ACTIONS

Current through June 17, 2024
008.01
Grounds for Denial or
				Disciplinary Action:
The Department may deny the issuance of or take disciplinary
				  action against a license on any of the following grounds:
1. Failure to meet or violation of any of the
				requirements of the Child Care Licensing Act or the rules and regulations
				adopted and promulgated under the Act;
2. Violation of an order of the Department
				under the Act;
3. Conviction of, or
				substantial evidence of committing or permitting, aiding, or abetting another
				to commit, any unlawful act, including, but not limited to, unlawful acts
				committed by an applicant or licensee under the act, household members who
				reside at the place where the program is provided, or employees of the
				applicant or licensee that involve:
a.
				Physical abuse of children or vulnerable adults as defined in
Neb.
				Rev. Stat.
§
											28-371;
b. Endangerment or neglect of children or
				vulnerable adults;
c. Sexual abuse,
				sexual assault, or sexual misconduct;
d. Homicide;
e. Use, possession, manufacturing or
				distribution of a controlled substance listed in
Neb. Rev.
				Stat.
§
											28-405;
f. Property crimes, including, but not
				limited to, fraud, embezzlement, and theft by deception; and
g. Use of a weapon in the commission of an
				unlawful act;
4. Conduct
				or practices detrimental to the health or safety of an individual served by or
				employed at the program;
5. Failure
				to allow an agent or employee of the Department access to the program for the
				purposes of inspection, investigation, or other information collection
				activities necessary to carry out the duties of the Department;
6. Failure to allow state or local
				inspectors, investigators, or law enforcement offices access to the program for
				the purposes of investigation necessary to carry out their duties;
7. Failure to meet requirements relating to
				sanitation, fire safety, and building codes;
8. Failure to comply with or violation of the
				Medication Aide Act;
9. Failure to
				file a report of suspected abuse or neglect as required by
Neb.
				Rev. Stat.
§§
										28-372
				and
				28-711;
10. Violation of any city, village, or county
				rules, regulations, or ordinances regulating licensees; or
11. Failure to pay fees required under the
				Child Care Licensing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 2 - FAMILY CHILD CARE HOME II › Section 391-2-003 - LICENSING REQUIREMENTS AND PROCEDURES

Current through June 17, 2024
Any person intending to establish, operate, or maintain a
				  Family Child Care Home II must first obtain a license from the Department. An
				  applicant must show that the child care program meets all licensing
				  requirements contained in these regulations, 391 NAC 2.
003.01
Provisional
				License
:
Provisional licenses are issued to all newly licensed Family
				  Child Care Home II programs. Provisional licenses are effective for one
				  year.
2-003.01A
Application Requirements
: An applicant for a provisional Family
				Child Care Home II license must submit:
1. A
				complete, accurate, written and signed application and disclosure of ownership
				on a form provided by the Department, which contains all information required
				and authorized by the Child Care Licensing Act;
2. For the purpose of complying with
Neb. Rev. Stat.
§§
											4-108
				to
				4-114,
				an attestation that s/he is a U.S. citizen or a qualified alien lawfully
				present in the U.S. The applicant must provide his/her immigration status and
				alien number, and agree to provide a copy of his/her USCIS documentation upon
				request;
3. Consent for central
				registry checks and authorization for release of information for the applicant,
				all staff and volunteers age 13 or older, and all household members age 13 or
				older if the Family Child Care Home is a private residence;
4. Documentation of criminal history record
				checks for the applicant, all staff and volunteers age 19 or older, and all
				household members age 19 or older if the Family Child Care Home is a private
				residence (see
				2-006.02A);
5. A Report of Law Enforcement Contact for
				the applicant, all staff and volunteers age 19 or older, and all household
				members age 19 or older (see
				2-006.02C);
6. A Health Information Report for the
				applicant on a form provided by the Department (see
				2-006.02F);
7. Documentation of completed CPR/First Aid
				training (see
				2-006.04F);
8. Documentation of completed pre-service
				orientation training by the Department;
9. A sketch, diagram, or blueprint of the
				facility showing the dimensions, arrangement of rooms to be used by the
				children, and outdoor play area;
10. Copies of zoning approval from the
				relevant jurisdiction; and
11. The
				$25 licensing fee (see 2-004.07).