reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of Health Clinics. The
				  regulations are authorized by and implement the Health Care Facility Licensure
				  Act,
Neb. Rev. Stat.
§§
									71-401
				  to
				  71-462.
001.01 These regulations apply to any health
				care facility where advice, counseling, diagnosis, treatment, surgery, care, or
				services relating to the preservation or maintenance of health are provided on
				an outpatient basis for a period of less than 24 consecutive hours to persons
				not residing or confined at such facility. Health clinic includes, but is not
				limited to:
1. An ambulatory surgical
				center;
2. A public health
				clinic;
3. A facility where 10 or
				more abortions as defined in
Neb. Rev. Stat.
§
										28-326
				are performed during any one calendar week;
4. A facility providing hemodialysis and not
				licensed as another type of health care facility; or
5. A facility providing labor and delivery
				services and not licensed as another type of health care facility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-003 - LICENSING REQUIREMENTS AND PROCEDURES

Current through June 17, 2024
Any person intending to establish, operate, or maintain a
				  health clinic must first obtain a license from the Department. A facility must
				  not hold itself out as a health clinic or as providing health care services
				  unless licensed under the Health Care Facility Licensure Act. An applicant for
				  an initial or renewal license must demonstrate that the health clinic meets the
				  care, treatment, operational and physical plant standards contained in 175 NAC
				  7.
003.01 Initial License
The initial license process occurs in two stages. The first
				  stage consists of the applicant's submission of affirmative evidence of the
				  ability to comply with the operational and physical plant standards contained
				  in 175 NAC
				  7-006 and
				  7-007. The application is not complete
				  until the Department receives documents specified in 175 NAC 7-003.01.
The second stage consists of the Department's review of the
				  completed application together with an inspection of the health clinic. The
				  Department determines whether or not the applicant for an initial license meets
				  the standards contained in 175 NAC 7 and the Health Care Facility Licensure
				  Act.
7-003.01A
Applicant
				Responsibilities:
An applicant for an initial health clinic
				license must:
1. Intend to provide health
				clinic services as defined;
2.
				Comply with the applicable codes, guidelines, and standards specified in 175
				NAC
				7-007;
3. Submit a written application to the
				Department as provided in 175 NAC
				7-003.01B;
4. Receive approval in writing, from the
				Department, of schematic plan and, if new construction, of construction plans;
				and
5. Notify the Department at
				least 30 working days prior to planned patient occupancy.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01 Separate
				License
An applicant must obtain a separate license for each type of
				  health care facility or health care service that the applicant seeks to
				  operate. All buildings in which care and treatment is provided must comply with
				  175 NAC
				  7-006 and
				  7-007. A single license may be issued
				  for:
1. A health clinic operating in
				separate buildings or structures on the same premises under one
				management;
2. An inpatient
				facility that provides services on an outpatient basis at multiple locations;
				or
3. A health clinic operating
				satellite clinics on an intermittent basis within a portion of the total
				geographic area served by the health clinic and sharing administration with the
				clinics.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-006 - STANDARDS OF OPERATION, CARE AND TREATMENT

Current through June 17, 2024
175 NAC 7-006 applies to the following types of health
				  clinics unless specified otherwise: public health clinics, ambulatory surgical
				  centers, facilities at which ten or more abortions are performed during any one
				  calendar week, facilities providing hemodialysis, and facilities providing
				  labor and delivery services. Each health clinic must organize, manage, and
				  administer in a manner consistent with the size, resources, and type of
				  services to assure each patient receives the necessary care and
				  treatment.
006.01 Licensee
				Responsibilities
The licensee of each health clinic must assume the
				  responsibility for the total operation of the facility. The licensee
				  responsibilities include:
1.
				Monitoring policies to assure the appropriate administration and management of
				the health clinic;
2. Maintaining
				the health clinic's compliance with all applicable state statutes and relevant
				rules and regulations;
3. Providing
				quality care and treatment to patients whether care and treatment are furnished
				by health clinic staff or through a contract with the health clinic;
4. Periodically reviewing reports and
				recommendations regarding the Quality Assurance/Performance Improvement program
				and implementing programs and policies to maintain and improve the quality of
				patient care and treatment;
5.
				Maintaining written minutes of meetings and actions;
6. Designating an administrator who is
				responsible for the day to day management of the health clinic and defining the
				duties and responsibilities of the administrator in writing;
7. Notifying the Department in writing within
				five working days when a vacancy in the administrator position occurs including
				who will be responsible for the position until another administrator is
				appointed;
8. Notifying the
				Department in writing within five working days when the vacancy is filled
				including effective date and name of person appointed administrator;
				and
9. Determining if emergency
				medical technician-intermediates or emergency medical technician-paramedics may
				perform activities within their scope of practice as either an employee or
				volunteer within the health clinic.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
All health clinics must be designed, constructed, and
				  maintained in a manner that is safe, clean, and functional for the type of care
				  and treatment to be provided. The physical plant standards for health clinics,
				  which include support services, care and treatment areas, construction
				  standards, building systems and waivers, are set forth below.
007.01 Support Areas
The health clinic may share the following support areas
				  among detached structures, care and treatment areas, or with other licensed
				  facilities.
7-007.01A
Dietary:
If food preparation is provided on site, the
				facility must dedicate space and equipment for the preparation of meals. Food
				service physical environment and equipment must comply with the Food
				Code.
7-007.01B
Laundry:
If the facility provides laundry services,
				the service may be provided by contract or on-site by the facility.
7-007.01B1
Contract:
If contractual services are used, the facility must have
				areas for soiled linen awaiting pickup and separate areas for storage and
				distribution of clean linen.
7-007.01B2
On-site:
If on-site services are provided, the facility must have areas dedicated to
				laundry.
7-007.01B2a In new construction, if
				the facility processes bulk laundry, the laundry must be divided into separate
				soiled (sort and washer areas) and clean (drying, folding, and mending areas)
				rooms with a separate soaking and hand washing sink in the laundry
				area.
7-007.01B2b Separate clean
				linen supply storage facilities must be conveniently located to care and
				treatment locations.
7-007.01C
Diagnostic:
If the facility provides radiology or
				laboratory services, the services must comply with the following:
7-007.01C1 Imaging rooms must accommodate the
				operational and shielding requirements of the equipment installed, condition of
				the patient, and provide clear floor area adequate for the safety of staff and
				patients.
7-007.01C2 Laboratory
				areas must provide for sample collection and protection, analyzing, testing,
				and storage. The facility must handle all potentially contagious and hazardous
				samples in a manner as to minimize transmission of infectious
				diseases.
7-007.01D
Waste Processing:
The health clinic must provide areas
				to collect, contain, process, and dispose of medical and general waste produced
				within the health clinic in such a manner as to prevent the attraction of
				rodents, flies, and all other insects and vermin, and to minimize the
				transmission of infectious diseases.
7-007.01E
Housekeeping
				Room:
The facility must have a room with a service sink and space
				for storage of supplies and housekeeping equipment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 7 - HEALTH CLINICS › Section 175-7-008 - DENIAL, REFUSAL TO RENEW, OR DISCIPLINARY ACTION

Current through June 17, 2024
008.01 Grounds for
				Denial, Refusal to Renew or Disciplinary Action
7-008.01A The Department may deny or refuse
				to renew a health clinic license for failure to meet the requirements for
				licensure, including:
1. Failing an
				inspection specified in 175 NAC
				7-005;
2. Having had a license revoked within the
				two-year period preceding an application; or
3. Any of the grounds specified in 175 NAC
				7-008.01B.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of Pharmacies. The
				  regulations are authorized under the Health Care Facility Licensure Act, Neb.
				  Rev. Stat. §§
									71-401
				  to
				  71-475;
				  the Pharmacy Practice Act, Neb. Rev. Stat. §§
									38-2801
				  to
				  38-28,116;
				  the Uniform Credentialing Act, Neb. Rev. Stat. §§
									38-101
				  to
				  38-1,142;
				  and the Prescription Drug Safety Act, Neb. Rev. Stat. §§
									71-2457
				  to
				  71-2483.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Health Care Facility Licensure
				  Act, Neb. Rev. Stat. §§
									71-401
				  to
				  71-475;
				  the Pharmacy Practice Act, Neb. Rev. Stat. §§
									38-2801
				  to
				  38-28,116;
				  the Uniform Credentialing Act, Neb. Rev. Stat. §§
									38-101
				  to
				  38-1,140
				  and the following.
002.01
COMPLETE APPLICATION.
An application that contains all
				of the information requested on the application, with attestation to its truth
				and completeness, and submitted with all required fees and
				documentation.
002.02
COMPLETE PETITION.
A complete petition contains all of
				the requested information on a form provided by the Department, with
				attestation to it truth and completeness, signatures of the applicant(s),
				submitted with all required fees and documentation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
An applicant for an initial license must submit a completed
				  application provided by the Department and documentation that the applicant
				  meets the requirements set in statute and this chapter.
003.01
PROVISIONAL PHARMACY
				LICENSE.
To obtain a provisional pharmacy license, an applicant
				must substantially meet the requirements in the Health Care Facility Licensure
				Act and sections 175 NAC
				8-006 through 175 NAC
				8-008 of this chapter. A license will
				be issued after a satisfactory initial inspection is completed.
003.02
RENEWAL.
All
				pharmacy licenses expire annually on July 1. To renew a license an applicant
				for a renewal license must submit a complete application provided by the
				Department and documentation that the applicant meets the requirements in
				statute and in this chapter.
003.03
PERMANENTLY CLOSING A PHARMACY.
When a licensee
				discontinues providing pharmacy services, the Department must be notified in
				writing within 15 days of the services being discontinued in the pharmacy. The
				notice must include the following information:
(1) The sale or other disposition of legend
				drug, device, or biological inventory,
(2) The sale or other disposition of
				controlled substances and controlled substances invoices and inventory records,
				and
(3) The location of all patient
				records including prescription files.
003.03(A)
RETURN OF DOCUMENTS AND
				FORMS.
Upon permanent closure of the pharmacy, the licensee must
				return the pharmacy license to the Department and may return the following to
				the Department to be forwarded to the Drug Enforcement Administration (DEA):
(i) The pharmacy's Drug Enforcement
				Administration (DEA) Registration, if any; and
(ii) All unused Drug Enforcement
				Administration (DEA) Forms for the pharmacy, if any.
003.03(B)
PATIENT
				NOTIFICATION.
When the permanent closing of a pharmacy is
				anticipated, the licensee is responsible for notifying patients of that
				pharmacy at least 15 days prior to the permanent closing that they will need to
				seek service elsewhere. The notification can be accomplished through:
(i) Advertisement in a newspaper appropriate
				to the location of the pharmacy;
(ii) Written notice to patients of the
				pharmacy; or
(iii) Other such
				notice as is appropriate.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-004 - INSPECTIONS

Current through June 17, 2024
For the purpose of assuring compliance, each licensee must
				  prepare an annual Pharmacy Quality Assurance Report (PQAR).
004.01
PHARMACY QUALITY ASSURANCE
				REPORT (PQAR).
The Pharmacy Quality Assurance Report (PQAR) is due
				1 year from the date of the initial on-site inspection and annually thereafter.
				All licensees must ensure that the pharmacist in charge or the practitioner
				annually submits a completed Pharmacy Quality Assurance Report (PQAR) on a form
				provided by the Department, electronically or upon request. A Pharmacy Quality
				Assurance Report (PQAR) self-inspection may be completed no more than 30 days
				before the due date of the report.
004.01(A)
REPORTED INFORMATION.
At a minimum, the Pharmacy
				Quality Assurance Report (PQAR) must provide information on the following:
(i) Standards for the Operations of a
				Pharmacy
(1) Staffing requirements;
(2) Storage requirements;
(3) Record keeping requirements;
(4) Dispensing requirements;
(5) Controlled substance dispensing
				requirement for emergency situations; and
(6) Disaster preparedness
				management;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all pharmacy
				  licenses.
005.01
LICENSE
				NOT TRANSFERABLE.
Change of ownership ( or change of premises
				terminates the license. The new owner or owners must apply for a new pharmacy
				license.
005.02
NOTIFICATION.
An applicant or licensee must notify the
				Department of any change as set forth in 175 NAC 8-005.03 through 8-005.08. The
				following information is required for all notifications:
(A) Current name and license number of the
				pharmacy or practitioner;
(B)
				Street address of pharmacy or practitioner;
(C) Name of owner(s), partners, or
				corporation;
(D) If a corporation
				the name of corporate officers;
(E)
				Mailing address(es) of owner(s), partners, or corporation;
(F) Reason for notifying the Department about
				a change in the existing license;
(G) A signed statement from the applicant or
				licensee verifying that all information is correct; and
(H) The required fee as specified in this
				chapter, if any.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-006 - STANDARDS FOR THE OPERATION OF A PHARMACY

Current through June 17, 2024
The licensee must comply with the Prescription Drug Safety
				  Act, the Pharmacy Practice Act, the Controlled Substances Act, and the
				  following:
006.01
STAFFING.
Each licensee must have a pharmacist in
				charge or practitioner with the qualifications, training, and skills necessary
				to meet the requirements according to this chapter.
006.01(A)
LICENSED
				PHARMACIST.
Each licensee must employ a sufficient number of
				licensed pharmacists to meet the needs of the individuals seeking services at
				the pharmacy.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-007 - RECORD KEEPING REQUIREMENTS

Current through June 17, 2024
Complete and accurate records must be maintained as set out
				  in Title 21 of the Code of Federal Regulations, Part 1304 and Part 1306, and
				  this chapter.
007.01
SECURE RECORDS.
The prescription inventory and
				prescription records of the pharmacy must be maintained in a secure location
				when there is no pharmacist or practitioner on the premises.
007.02
DISASTER PREPAREDNESS AND
				MANAGEMENT.
The licensee must have and implement disaster
				preparedness plans and procedures to protect the potency, efficacy, safety, and
				security of the drugs, devices, or biologicals in the pharmacy in instances of
				natural or other disasters, disease outbreaks, interruption of utility
				services, or other similar situations. Such plans and procedures must address
				how the licensee will:
(A) Provide for the
				storage of drugs, devices, and biologicals at the proper temperature;
(B) Provide for the disposal of
				drugs, devices, and biologicals if the pharmacy determines their potency,
				efficacy, or safety has been adversely affected;
(C) Secure the drugs, devices, and
				biologicals from the public; and
(D) Maintain patient records and inventory
				records.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 8 - PHARMACIES › Section 175-8-008 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
A licensee must meet the requirements set out in this
				  chapter.
008.01
ACCESS BY
				PHARMACIST.
The licensee must provide the pharmacist access to all
				equipment, facilities, and utilities appropriate for the accurate, efficient,
				and safe provision of the clinical services available in that
				pharmacy.
008.02
CONDITIONS.
The licensee must assure the prescription
				department, including shelving, counters, floor, inventory, fixtures,
				equipment, and utensils are maintained in a clean, orderly, and sanitary manner
				that supports the scope of pharmacy services provided at the site.
008.03
REFERENCE
				MATERIAL.
The licensee must provide the pharmacist access to all
				reference material appropriate for the accurate, efficient, and safe practice
				of pharmacy. These reference materials must be up to date, in either printed or
				electronic form, and available at all times while the pharmacist is practicing
				for that pharmacy.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the licensing of hospitals under the
				  Health Care Facility Licensure Act, Nebraska Revised Statutes (Neb. Rev. Stat.)
				  §§
									71-401 to
				  71-475.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-002 - DEFINITIONS

Current through June 17, 2024
The definitions set out in the Health Care Facility Licensure
				  Act, Uniform Credentialing Act, 175 Nebraska Administrative Code (NAC) 1, and
				  the following apply to this chapter.
002.01
HOSPITAL.
Any
				type of licensed hospital, with the exception of a licensed long term care
				hospital.
002.02
HOSPITAL BEDS.
The total number of licensed adult and
				pediatric beds which can be set up and used for a patient within 24 hours. Beds
				used in emergency rooms, stretchers, labor and recovery rooms, and bassinets
				for newborn infants are excluded from the total licensed bed count.
002.03
INPATIENT.
A
				consumer who has medical practitioner orders admitting them to the hospital for
				24-hour care and treatment.
002.04
MEDICAL STAFF BYLAWS.
A set of rules and regulations
				adopted by the medical staff governing the medical staff activities at the
				facility.
002.05
MEDICATION ERROR.
Any variance between the chart order
				or prescription, the five rights, and administration of the
				medication.
002.06
OUTPATIENT.
A consumer who receives care for less than
				24 continuous hours in an emergency department, outpatient department, or other
				licensed hospital location who does not have medical practitioner orders
				admitting them to the facility.
002.07
PATIENT.
A
				consumer who receives inpatient or outpatient care and treatment at a
				hospital.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
To receive a license, an applicant must submit a complete
				  application and meet the requirements for a license set out in statute, 175 NAC
				  1, and in this chapter. All standards referenced in this chapter can be
				  obtained at Department of Health and Human Services, Licensing Unit, 301
				  Centennial Mall South, Lincoln NE 68509 or be viewed on the Department's
				  website.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all hospital
				  licenses.
004.01
EFFECTIVE
				DATE AND TERM OF LICENSE.
A hospital license expires annually on
				December 31.
004.02
LICENSE NOT TRANSFERABLE.
A license is issued only for
				the premises and persons named in the application and is not transferable or
				assignable. Change of ownership (sale, whether of stock, title, or assets,
				lease, discontinuance of operations) or change of premises terminates the
				license. If there is a change of ownership and the hospital remains on the same
				premises, the inspection in 175 NAC 9-005 is not required. If there is a change
				of premises, the hospital must pass the inspection specified in 175 NAC
				9-005.
004.03
FEES.
The fees for a hospital license are based on the
				number of licensed beds plus the number of outpatient surgeries reported in
				accordance with the Outpatient Surgical Procedures Data Act, Neb. Rev. Stat.
				§
									81-6,114.
004.03(A)
INITIAL AND RENEWAL
				FEES.
Following are initial and renewal fees for hospitals:
(i) 1 to 50 Beds
$1,750
(ii) 51 to 100 Beds
$1,850
(iii) 101 or more Beds
$1,950
004.03(B)
OUTPATIENT SURGICAL
				FEES.
Following are outpatient surgical fees for hospitals:
(i) 500 or fewer outpatient surgeries per
								year
$275
(ii) 501 to 2,000 outpatient surgeries per
								year
$350
(iii) More than 2,000 outpatient surgeries per
								year
$425
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
Each building must be maintained in a manner that is safe,
				  clean, and functional for the type of care and treatment provided. All hospital
				  buildings must comply with the Health Care Facility Licensure Act, 175 NAC 1,
				  the Nebraska State Fire Code, 2012 Edition Life Safety Code requirements, and
				  this chapter. Each building must comply with the following physical plant
				  requirements unless otherwise specified:
007.01
LAUNDRY
				SERVICES.
Laundry service may be provided on-site by the facility
				or via contract and is to be provided in accordance with current, standards of
				practice, and in a manner to reduce any risk of cross-contamination or
				infection. A separate clean laundry supply storage area that is conveniently
				located to care and treatment locations is to be provided.
007.01(A)
ON-SITE
				LAUNDRY.
When on-site laundry services are provided, water
				temperatures in laundry equipment must exceed 160 degrees Fahrenheit; or the
				facility must use an acceptable sanitizer or disinfectant in accordance with
				the manufacturer's instructions.
007.01(B)
CONTRACTED
				LAUNDRY.
If contract services are used for laundry, separate
				dedicated areas for soiled laundry awaiting pickup and for clean laundry are to
				be provided.
007.01(C)
BULK LAUNDRY.
In new construction, if bulk laundry is
				performed, the facility is to have separate soiled areas for sorting and
				washing and separate clean areas for drying, folding, and mending with separate
				soaking sinks. Hand washing sinks must be located in the laundry
				area.
007.01(D)
LINENS.
An adequate supply of clean linens in good
				repair, with no holes, visibly worn areas, or stains must be maintained for
				patient use. Storage areas are to be conveniently located near patient care and
				treatment areas.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-008 - OPTIONAL SERVICES AND REQUIREMENTS

Current through June 17, 2024
A licensee may choose to provide any of the optional services
				  outlined below. Services must be provided in accordance with current standards
				  of practice and directed by a medical practitioner as determined by the
				  facility unless specified otherwise. If these services are provided, the
				  following are applicable:
008.01
CRITICAL CARE SERVICES.
Critical care services such as
				intensive care, coronary care, intensive newborn nursery, burn unit, transplant
				center, or wound treatment center are to include:
(A) Supervision of each unit by a qualified
				and competent registered nurse;
(B)
				Qualifications and competency needed for each person assigned to work in the
				unit;
(C) Medical and nursing
				staffing coverage for each unit; and
(D) Written admission and discharge criteria
				for each unit.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 9 - HOSPITALS › Section 175-9-009 - SPECIFIC HOSPITAL REQUIREMENTS

Current through June 17, 2024
Each licensee must choose which type of hospital they wish to
				  operate, with specific requirements as set out in the Health Care Facility
				  Licensure Act and this chapter.
009.01
CRITICAL ACCESS HOSPITAL REQUIREMENTS.
A licensee of a
				critical access hospital must satisfy all of the elements of the Conditions for
				Participation for Critical Access Hospitals as set out in C.F.R § 485
				Subpart F, and C.F.R. §
									485.625 on the effective date of
				this chapter. Critical access hospitals must:
(A) Have 25 acute inpatient beds or
				less;
(B) Ensure the average length
				of stay for acute inpatients does not exceed 96 hours;
(C) Provide emergency services on a 24-hour
				basis;
(D) Have a formal agreement
				with at least one licensee of an acute care hospital; and
(E) Have formal agreements for:
(i) Emergency and nonemergency
				transportation; and
(ii) Back up
				medical and emergency services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 12 - SKILLED NURSING FACILITIES, NURSING FACILITIES, AND INTERMEDIATE CARE FACILITIES › Section 175-12-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of skilled nursing
				  facilities, nursing facilities, and intermediate care facilities. The
				  regulations are authorized by and implement the Health Care Facility Licensure
				  Act,
Neb. Rev. Stat.
§§
									71-401
				  to
				  71-459.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 12 - SKILLED NURSING FACILITIES, NURSING FACILITIES, AND INTERMEDIATE CARE FACILITIES › Section 175-12-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01 Separate
				License
An applicant must obtain a separate license for each type of
				  health care facility or health care service that the applicant seeks to
				  operate. All buildings in which care and treatment is provided must comply with
				  175 NAC
				  12-006 and, if applicable, 175 NAC
				  12-007. A single license may be
				  issued for:
1. A facility operating in
				separate buildings or structures on the same premises under one
				management;
2. An inpatient
				facility that provides services on an outpatient basis at multiple locations;
				or
3. A health clinic operating
				satellite clinics on an intermittent basis within a portion of the total
				geographic area served by such health clinic and sharing administration with
				such clinics.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 12 - SKILLED NURSING FACILITIES, NURSING FACILITIES, AND INTERMEDIATE CARE FACILITIES › Section 175-12-006 - STANDARDS OF OPERATION, CARE, AND TREATMENT

Current through June 17, 2024
To assure adequate protection and promotion of the health,
				  safety, and well-being of facility residents and compliance with state
				  statutes, skilled nursing facilities, nursing facilities, and intermediate care
				  facilities must meet the following standards except where specified
				  otherwise.
006.01 Licensee
				Responsibilities
The licensee of each facility must assume the responsibility
				  for the total operation of the facility. The licensee may appoint a governing
				  body. Licensee responsibilities include:
1. Monitoring policies to assure the
				appropriate administration and management of the facility;
2. Ensuring the facility's compliance with
				all applicable state statutes and relevant rules and regulations;
3. Periodically reviewing reports and
				recommendations regarding the quality assurance/performance improvement program
				and implementing programs and policies to maintain and improve the quality of
				resident care and treatment;
4.
				Appointing a Nebraska-licensed administrator who is responsible for the
				day-to-day management of the facility;
5. Defining the duties and responsibilities
				of the administrator in writing;
6.
				Notifying the Department in writing within five working days when a vacancy in
				the administrator position occurs, including who will be responsible for the
				position until another administrator is appointed; and
7. Notifying the Department in writing within
				five working days when the vacancy in the administrator position is filled,
				including the effective date, license number, and the name of the person
				appointed administrator.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 12 - SKILLED NURSING FACILITIES, NURSING FACILITIES, AND INTERMEDIATE CARE FACILITIES › Section 175-12-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The facility must be designed, constructed and maintained in
				  a manner that is safe, clean, and functional for the type of care and treatment
				  to be provided. The physical plant standards for facilities, which include
				  support services, care and treatment areas, construction standards, building
				  systems and waivers, are set forth below.
007.01 Support Areas
The facility may share the following support service areas
				  among the detached structures, care and treatment suites, and with other
				  licensed facilities:
12-007.01A
Dietary:
If food preparation is provided on site, the
				facility must dedicate space and equipment for the preparation of meals. Food
				service physical environment and equipment must comply with the Food Code,
				except when used only for training or activity purposes.
12-007.01B
Laundry:
The facility must provide laundry services. Such service may be provided by
				contract or on-site by the facility.
12-007.01B1
Contract:
If contractual services are used, the
				facility must have areas for soiled linen awaiting pickup and separate areas
				for storage and distribution of clean linen.
12-007.01B2
On-Site:
If on-site services are provided, the facility must have areas dedicated to
				laundry.
12-007.01B2a If the facility
				provides personal laundry areas, the areas must be equipped with a washer and
				dryer for use by residents. In new construction, the facility must provide a
				conveniently located sink for soaking and hand washing of laundry.
12-007.01B2b When the facility launders items
				for more than one resident together, the bulk laundry area must be divided into
				separate soiled (sort and washer areas) and clean (drying, folding, and mending
				areas) rooms. In new construction and new facilities, a separate soaking and
				hand washing sink and housekeeping room must be provided in the laundry
				area.
12-007.01B2c Separate clean
				linen supply storage areas must be conveniently located in each care and
				treatment location.
12-007.01C
Waste
				Processing:
The facility must provide areas to collect, contain,
				process, and dispose of medical and general waste produced within the facility
				in such a manner as to prevent the attraction of rodents, flies, and all other
				insects and vermin, and to minimize the transmission of infectious
				diseases.
12-007.01D
Housekeeping Room:
The facility must have a room with
				a service sink and space for storage of supplies and housekeeping
				equipment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 12 - SKILLED NURSING FACILITIES, NURSING FACILITIES, AND INTERMEDIATE CARE FACILITIES › Section 175-12-008 - DENIAL, REFUSAL TO RENEW, AND DISCIPLINARY ACTION

Current through June 17, 2024
008.01 Grounds for
				Denial, Refusal to Renew, or Disciplinary Action
12-008.01A The Department may deny or refuse
				to renew a facility license for failure to meet the requirements for licensure,
				including:
1. Failing an inspection specified
				in 175 NAC
				12-005;
2. Having had a license revoked within the
				two-year period preceding an application; or
3. Any of the grounds specified in 175 NAC
				12-008.01B.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensing of home health agencies
				  under the Health Care Facility Licensure Act, Nebraska Revised Statutes (Neb.
				  Rev. Stat.) §§
									71-401 to
				  71-476.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
To receive a license, an applicant or licensee must submit a
				  complete application, must meet the service and staffing requirements shown
				  below, and must meet all requirements set out in statute, in 175 NAC 1-003, and
				  in this chapter.
003.01
INITIAL LICENSURE FEES.
The fees for home health agencies are set out below:
(A) Initial License $650
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-004 - INSPECTIONS

Current through June 17, 2024
The licensee must be available for unannounced, onsite
				  inspections at the parent and branch locations during all hours care,
				  treatment, and services are provided for consumers and during business hours
				  required for state inspectors.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-005 - GENERAL REQUIREMENTS

Current through June 17, 2024
The licensee must meet all requirements shown at 175 NAC
				  1-005.03 through 1-005.07 and this chapter.
005.01
NOTIFICATIONS.
The licensee must:
(A) Meet notification requirements at 175 NAC
				1-005.01 (A), (D), (E), (G)(i), (G)(iii);
(B) Notify the Department in writing at least
				30 working days before the home health agency would like to add a service or
				branch office; and
(C) Notify the
				Department in writing within 24 hours of a consumer's death which occurred
				while staff were present, or scheduled to be present, in the consumer's home to
				provide care, treatment, or services and the consumer's death was due to:
(i) Suicide;
(ii) A violent act;
(iii) Drowning; or
(iv) During or immediately after a restraint
				or seclusion was utilized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-007 - PHYSICAL PLANT

Current through June 17, 2024
The licensee, when sharing space with another entity that
				  does not have common ownership with the licensee, must ensure the home health
				  agency has a unique physical address to ensure mail is secured against
				  unauthorized access and must ensure a separate entrance to the home health
				  agency space to ensure verbal communications are protected against unauthorized
				  access.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-008 - RECORDKEEPING

Current through June 17, 2024
The licensee must meet all recordkeeping requirements at 175
				  NAC 1 and in this chapter and must prevent unauthorized access to agency
				  records by other entities sharing the space.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 14 - HOME HEALTH AGENCIES › Section 175-14-010 - STANDARDS OF OPERATION, CARE, AND TREATMENT

Current through June 17, 2024
The licensee has the responsibility to determine, implement,
				  and monitor policies that govern the total operation and maintenance of the
				  agency and to assure protection to home health consumers and compliance with
				  state statutes and regulations. All services provided by the licensee must be
				  provided in accordance with the Health Care Facility Licensure Act, the Uniform
				  Credentialing Act, the Medication Aide Act, the regulations adopted under those
				  Acts, medical practitioner orders, the practitioner approved written plan of
				  care, and prevailing standards of practice.
010.01
LICENSEE.
The
				licensee is responsible for compliance with statutes and regulations, the
				management and fiscal affairs of the home health agency and for making written
				policies and procedures available to staff and consumers. All services are to
				be provided in accordance with accepted standards of practice. Each employee is
				to report suspected abuse, neglect, or exploitation of a consumer served by the
				home health agency in accordance with the Adult Protective Services Act or the
				Child Protection Act, as applicable, and to the Administrator. The licensee
				must:
(A) Select and employ an administrator,
				and a back-up administrator, as described in this chapter;
(B) Implement written policies and procedures
				for the operation and administration of the home health agency which include:
(i) Range of services to be
				provided;
(ii) Approved geographic
				area served;
(iii) Personnel,
				policies, procedures, and job descriptions for each staff position, which
				includes minimum qualifications for the position;
(iv) Criteria for admission, discharge; and
				transfer of consumers, which ensures only individuals whose needs can be met by
				the home health agency staff will be admitted as consumers;
(v) A process for authorized staff to obtain
				and incorporate written and verbal practitioner and other medical practitioner
				diagnostic, therapeutic, and medication orders into the consumer's plan of
				care;
(vi) Consumer care policies
				and procedures;
(vii) 14-A process
				for disposal of controlled drugs maintained in the consumer's home when those
				drugs are no longer needed by the consumer or are expired; and
(viii) A process for use and removal of
				records and conditions for release of information;
(C) Maintain documentation demonstrating that
				the requirements of this chapter are met; and
(D) Have records available for inspection and
				copying by authorized representatives of the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensing of respite care services
				  under the Health Care Facility Licensure Act, Nebraska Revised Statutes (Neb.
				  Rev. Stat.) §§
									71-401 to
				  71-475.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Health Care Facility Licensure
				  Act, 175 Nebraska Administrative Code (NAC) 1, and the following apply to this
				  chapter.
002.01
ABUSE.
Any knowing, intentional, or negligent act or
				omission on the part of a person which results in physical, sexual, verbal, or
				mental abuse, unreasonable confinement, cruel punishment, exploitation, or
				denial of care, treatment or services to a consumer is abuse.
002.02
AGREEMENT OF
				PARTICIPATION.
A written agreement negotiated between the respite
				care service and the consumer served or designee.
002.03
CAREGIVER.
A
				caregiver, for the purpose of this chapter, has the same meaning as caretaker
				found in Neb. Rev. Stat. §
									71-6721.
002.04
DEVICE.
An
				instrument, apparatus, implement, machine, contrivance, implant, in vitro
				reagent, or other similar or related article, including any component, part, or
				accessory, which is prescribed by a medical practitioner and dispensed by a
				pharmacist or other person authorized by law to do so.
002.05
EVALUATION.
A
				written action plan based on the identified needs of the consumer and the
				strategy for providing care to meet those needs.
002.06
EXPLOITATION.
The taking of property of a consumer by means of undue influence, breach of a
				fiduciary relationship, deception, or extortion or by any unlawful
				means.
002.07
FOOD
				CODE.
As defined in Neb. Rev. Stat. §
									81-2,244.01 and as published by
				the Nebraska Department of Agriculture, except for compliance and enforcement
				provisions.
002.08
FREE-STANDING RESPITE CARE SERVICE FACILITY.
The
				physical location where respite care services are provided, other than the
				consumer or caregiver's home is a free-standing respite care service
				facility.
002.09
MENTAL
				ABUSE.
Humiliation, harassment, threats of punishment or
				deprivation, or other actions causing mental anguish.
002.10
NEGLECT.
A
				failure to provide care, treatment, or services necessary to avoid physical
				harm or mental anguish of a consumer.
002.11
PHYSICAL
				ABUSE.
Hitting, slapping, pinching, kicking, or other actions
				causing injury to the body.
002.12
SERVICE PLAN.
A written action plan based on
				evaluation and assessment data that identifies the consumer's needs and the
				strategy for addressing care, treatment, and services to meet those needs
				within the scope of the respite care service.
002.13
SEXUAL ABUSE.
Sexual harassment, sexual coercion, or sexual assault.
002.14
SUPERVISION.
The daily observation and monitoring of the consumer by direct care staff and
				oversight of staff by the Administrator or Administrator's designee.
002.15
5 RIGHTS.
The
				meaning found in Neb. Rev. Stat. §
									71-6721.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-003 - LICENSING REQUIREMENTS

Current through June 17, 2024
For all applications for initial licensure, renewal and
				  reinstatement, an applicant or licensee must meet all requirements at 175 NAC
				  1-003, except for those items as shown below, must meet the setting
				  requirements as shown below, and must include the licensure fees as shown
				  below.
003.01
RESPITE CARE
				SERVICE SETTINGS.
Respite care services may be provided in the
				following settings:
(A) The home of the
				consumer;
(B) The home of the
				caregiver or designee; or
(C) A
				site that serves as a free-standing respite care service facility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE › Chapter 15 - RESPITE CARE SERVICES › Section 175-15-004 - INSPECTIONS

Current through June 17, 2024
When respite care services are provided in the home of the
				  consumer, caregiver, or designee, the physical plant inspection requirements at
				  175 NAC 1-004 do not apply.