reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-003 - RELIGIOUS PRACTICES

Current through June 17, 2024
Youth committed to a Youth Rehabilitation and Treatment
				  Center may practice the religion of his or her choice as long as the safety,
				  security or good order of the facility is not threatened.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-004 - DISAPPROVED CONTACTS

Current through June 17, 2024
The Youth Rehabilitation and Treatment Center may establish a
				  list of disapproved contacts for any youth committed to a Youth Rehabilitation
				  and Treatment Center. The list may be changed or amended by the Youth
				  Rehabilitation and Treatment Center at any time. Youths shall not be allowed to
				  correspond with youth or adult offenders at juvenile or adult correctional
				  institutions or juvenile detention centers without the approval of both
				  institutions.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-006 - TELEPHONE PRIVILEGES

Current through June 17, 2024
Youth placed at a Youth Rehabilitation and Treatment Center
				  will have reasonable and equitable telephone privileges and shall retain such
				  privileges for the duration of his or her stay so long as the facility's
				  policies governing such activities are not violated.
006.01
RECORDING
				CALLS.
Any telephone calls made by the youth may be recorded,
				unless the telephone call is between the youth and his or her attorney of
				record. If a youth wishes to contact his or her attorney of record, the youth
				may request to do so, and arrangements will be made for the youth to make a
				telephone call that will not be recorded.
006.02
CALL LOG.
The
				Youth Rehabilitation and Treatment Center may maintain a record or written log
				of any incoming received by or outgoing call made by each youth.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 1 - GENERAL PROVISIONS › Section 401-1-007 - VISITATION

Current through June 17, 2024
Youth placed at a Youth Rehabilitation and Treatment Center
				  will be allowed to receive visitors and will retain that privilege for the
				  duration of his or her stay so long as the facility's policies governing
				  visitation activities are not violated.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-001 - DISCIPLINARY PROCEDURES

Current through June 17, 2024
Each Youth Rehabilitation and Treatment Center will maintain
				  a clearly defined disciplinary procedure which incorporates the provisions of
				  this chapter. Youth will receive a copy of the disciplinary procedure upon
				  arrival at the facility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-002 - OFFENSES

Current through June 17, 2024
A youth may be subject to the disciplinary procedures in this
				  chapter if the youth commits any act which constitutes an offense established
				  in the policies of the Youth Rehabilitation and Treatment Center. A youth will
				  be provided with a list of offenses upon arrival at the Youth Rehabilitation
				  and Treatment Center.
002.01
REPORT TO LAW ENFORCEMENT.
If a youth commits an
				offense which also constitutes criminal activity, the Youth Rehabilitation and
				Treatment Center may make a report to the appropriate law enforcement
				agency.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-003 - NOTICE

Current through June 17, 2024
A youth will be served a with a written notice that an
				  offense has been committed within 24 hours form the time the offense is
				  discovered by facility staff.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-005 - CONSEQUENCES

Current through June 17, 2024
When the disciplinary committee finds a youth has committed
				  an offense, the disciplinary committee will determine the appropriate
				  consequences for the offense. The consequences must comply with the provisions
				  of this section.
005.01
GENERAL RULE.
Consequences shall not be capricious,
				retaliatory or revengeful.
005.02
SUSPENSION OF PRIVILEGES.
Consequences may include
				suspension of privileges. Privilege suspension shall not include loss of
				regular meals, clothing, sleep, health care services, exercise, correspondence
				privileges, and contact with relatives or legal assistance.
005.03
CORPORAL
				PUNISHMENT.
Consequences may not include corporal punishment,
				humiliation, mental abuse or punitive interference with the daily functions,
				such as eating or sleeping, is strictly prohibited. "Corporal Punishment" as
				used in this section shall mean any act of inflicting physical punishment
				directly on the body, causing pain or injury.
005.04
RESTITUTION.
Consequences may include payment of restitution by the youth. The amount of
				restitution will be determined pursuant to facility policy. The facility may
				use any funds that would be paid by the Youth Rehabilitation and Treatment
				Center to the youth's account to offset restitution. Offsets will be calculated
				and applied in accordance with the facility's established restitution policy.
005.04(A)
RESTITUTION TO ANOTHER
				YOUTH.
In the event restitution is to be paid to another youth
				committed to a Youth Rehabilitation and Treatment Center, no funds will be
				transferred from one youth to another unless a written request for the
				transaction is submitted by the youth. Any transfers of funds from one youth to
				another must be approved by the Facility Administrator.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-006 - APPEALS

Current through June 17, 2024
A youth may appeal a decision of the disciplinary committee,
				  including the determined consequences, to the facility administrator or his
				  designee. Appeals are subject to the provisions of this section.
006.01
TIME FRAME.
A
				youth has the right to appeal decisions of the disciplinary committee within 15
				days of receiving notice of the decision.
006.02
APPEAL
				PROCEDURE.
A Youth Rehabilitation and Treatment Center will have
				written procedures governing the appeal process. All appeals must be submitted
				in accordance with the facility's procedures.
006.03
APPEAL
				DETERMINATION.
Appeal decisions will be made by the facility
				administrator or designee. The factors that may be considered during the appeal
				process are as follows:
(A) Whether there was
				substantial compliance with the facility's policy and procedures in determining
				the consequences for the youth;
(B)
				Whether the decision of the committee was based on substantial evidence,
				including the introduction of new evidence; and
(C) Whether, under the circumstances, the
				consequence imposed was proportionate to the offense.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 401 - YOUTH REHABILITATION AND TREATMENT CENTERS › Chapter 2 - DISCIPLINARY AND GRIEVANCE PROCEDURES › Section 401-2-007 - GRIEVANCES

Current through June 17, 2024
Youth committed to a Youth Rehabilitation and Treatment
				  Center will be permitted to report a grievance.
007.01
GRIEVANCE
				TOPICS.
Any topic may be the subject of a grievance, if a youth
				believes the circumstances are unjust and grounds for a complaint related to
				his or her basic rights.
007.01(A)
EXCEPTIONS.
The following topics may not be the
				subject of a grievance:
(i) Matters over which
				the Youth Rehabilitation and Treatment Center has no control; and
(ii) Youth disciplinary
				actions.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 1 - ADMINISTRATION AND DEFINITIONS › Section 403-1-001 - PURPOSE

Current through June 17, 2024
This Title regulates the services administered by the
				  Department of Health and Human Services through the Medicaid Home and
				  Community-Based Services (HCBS) Waivers for individuals with developmental
				  disabilities.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 1 - ADMINISTRATION AND DEFINITIONS › Section 403-1-002 - AUTHORITY

Current through June 17, 2024
The Nebraska Department of Health and Human Services (DHHS)
				  is authorized to establish, administer, and implement these regulations
				  pursuant to the following authority:
(A) Nebraska Medical Assistance Program
				(Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									68-901 to
				68-949);
(B) Title XIX of the Social Security Act,
				including Section 1915(c) of the Social Security Act (Medicaid Home and
				Community Based Services (HCBS) Waiver) (42 C.F.R. §
										440.180 and Part 441, Subpart G);
(C) The Health and Human Services Act (Neb.
				Rev. Stat. §§
									81-3110 to
				81-3124); and
(D) Family Support Program (Neb. Rev. Stat.
				§§
									68-1529 to
				68-1534).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-001 - ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
In order to be eligible for Medicaid Home and Community-Based
				  Waiver Services for individuals with developmental disabilities, an individual
				  must:
(A) Be eligible for Medicaid
				benefits;
(B) Be at least age 21
				for the Adult Day Waiver;
(C) Have
				a developmental disability as defined in the Developmental Disabilities
				Services Act; and
(D) Require the
				level of services provided by an Intermediate Care Facilities for Individuals
				with Intellectual Disabilities (ICF/IID) initially and annually
				thereafter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-002 - ACCESS

Current through June 17, 2024
In order to receive services, an individual eligible for
				  services must:
(A) Submit a valid
				application for services;
(B)
				Choose, in writing, to receive Medicaid Home and Community-Based Waiver
				services instead of institutional placement;
(C) Have a physical health screen within the
				past 12 months and annually thereafter; and
(D) Agree to receive Service Coordination
				services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-003 - APPLICATION

Current through June 17, 2024
In order for an application to be valid, it must
				  include:
(A) The name and mailing
				address of the applicant;
(B) The
				signature of the applicant, guardian, legally responsible individual, or
				parent; and
(C) Any documentation
				including, but not limited to, educational or medical records or reports
				requested by the Department necessary to determine eligibility.
003.01
APPLICATION
				SUBMITTAL.
An application may be submitted in person, by mail,
				fax, email, or by applying online.
003.02
ASSISTANCE WITH
				APPLICATION.
The Department shall provide an applicant general
				help with the application process, upon request, in a manner that is accessible
				to individuals with disabilities or limited English proficiency.
003.03
AMENDMENT TO
				APPLICATION.
An applicant may amend information in an application
				at any time prior to the date of decision.
003.04
PROMPT
				ACTION.
The Department shall send the applicant a written
				notification of the decision on an application within 60 days from the date a
				valid application is received.
003.05
WITHDRAWAL.
An applicant may voluntarily withdraw an application.
003.06
WRITTEN
				NOTIFICATION.
The Department will provide timely notice of all
				decisions. The Notice of Decision shall be dated and mailed at least ten
				calendar days before the date an adverse action becomes effective. A written
				notification shall contain:
(A) The name of
				participant;
(B) The decision being
				made;
(C) The effective date of
				decision;
(D) An explanation of the
				decision; and
(E) An explanation of
				the participant's due process rights.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-004 - DEVELOPMENTAL DISABILITY REDETERMINATION

Current through June 17, 2024
A redetermination of an individual's eligibility will occur
				  when:
(A) Good cause exists;
(B) The individual reaches the age of 9
				years; or
(C) The individual
				reaches the age of 18 years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-005 - LEVEL OF CARE DETERMINATION

Current through June 17, 2024
005.01
INITIAL.
Prior to receiving services under this Title,
				an individual must be determined by the Department to meet the Intermediate
				Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) Level
				of Care.
005.02
REDETERMINATION.
To remain eligible for services, an
				individual's status must be reviewed and the Intermediate Care Facilities for
				Individuals with Intellectual Disabilities (ICF/IID) Level of Care determined:
(A) Within 12 months of the previous level of
				care determination;
(B) No earlier
				than 60 days prior to the implementation of a renewed Individual Support Plan;
				and
(C) At any time there is a
				significant change in a condition affecting an individual's level of
				care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-006 - WAIVER SLOTS

Current through June 17, 2024
006.01
PRIORITY.
Priority funding for the Medicaid Home and
				Community-Based Services waivers.
006.01(A)
COMPREHENSIVE DEVELOPMENTAL DISABILITIES (CDD) AND THE
				DEVELOPMENTAL DISABILITIES ADULT DAY (DDAD) WAIVERS.
Applicants
				shall be prioritized as set forth in Neb. Rev. Stat. §
										83-1216.
006.01(B)
FAMILY SUPPORT WAIVER
				(FSW).
Applicants shall be prioritized as set forth in Neb. Rev.
				Stat. §
										68-1532.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-007 - REGISTRY

Current through June 17, 2024
007.01
PLACEMENT ON
				REGISTRY.
All persons who meet eligibility criteria as defined in
				Neb. Rev. Stat. §
									83-1205 will be assessed for
				Medicaid Home and Community-Based Services (HCBS) Waiver level of care and, if
				found to require the level of care of an intermediate care facility for
				individuals with intellectual disabilities (ICF/IID), will be placed on the
				statewide data registry. This statewide data registry is for all individuals
				who have been determined eligible for services on any of Nebraska's
				developmental disabilities waivers. The date used to establish a person's
				placement on the statewide data registry is the date of application from which
				eligibility for developmental disabilities in Nebraska was originally
				established. The Department will maintain the list of applicants who have been
				deemed eligible for services and are waiting for a slot on a waiver.
007.02
REMOVAL FROM
				REGISTRY.
An individual who has been determined eligible will no
				longer be considered for waiver services and will be removed from the statewide
				data registry if the individual:
(A) Is no
				longer eligible for Medicaid or no longer meets eligibility criteria as defined
				at Neb. Rev. Stat. §
										83-1205;
(B) No longer meets the level of care of an
				Intermediate Care Facility for Individuals with Intellectual Disabilities
				(ICF/IID) or fails to cooperate with the individual's annual ICF/DD Level of
				Care determination;
(C) Notifies
				the Department, in writing, that waiver services are no longer desired;
				or
(D) Declines an offer for the
				Comprehensive Developmental Disabilities Services Waiver.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-008 - FUNDING

Current through June 17, 2024
008.01
OBJECTIVE ASSESSMENT
				PROCESS (OAP).
The funding for a participant is determined using
				the Objective Assessment Process (OAP) involving information from an assessment
				of the participant's physical, cognitive, and emotional functioning.
008.01(A)
OBJECTIVE
				ASSESSMENT.
The assessment must include a comprehensive assessment
				of the participant's:
(i) Activities of daily
				living (ADL);
(ii) Problematic
				Behaviors;
(iii) Community Living;
				and
(iv) Behavioral and health
				factors.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS › Section 403-2-009 - FAIR HEARING PROCESSES

Current through June 17, 2024
009.01
RIGHT TO APPEAL.
An applicant or participant has the
				right to appeal the following actions and inactions:
(A) The denial of an application;
(B) The failure of the Department to act on
				an application with reasonable promptness;
(C) A change in the amount or type of
				benefits or services;
(D) A
				determination of the amount of medical expenses that must be incurred to
				establish eligibility;
(E) A
				determination of the amount of premiums and cost sharing charges;
(F) A determination that the level of
				services provided by an Intermediate Care Facilities for Individuals with
				Intellectual Disabilities (ICF/IID) is not required;
(G) A determination that services are not
				required;
(H) The form of payment
				or services is changed to be more restrictive; or
(I) The denial of a claim for benefits or
				services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 3 - PARTICIPANT SELF-DIRECTION › Section 403-3-001 - SELF-DIRECTION

Current through June 17, 2024
A participant may self-direct the following services:
(A) Assistive Technology;
(B) Child Day Habilitation;
(C) Community Integration;
(D) Consultative Assessment;
(E) Environmental Modification
				Assessment;
(F) Home
				Modification;
(G) Homemaker
				Service;
(H) Independent
				Living;
(I) Respite;
(J) Supported Employment - Follow
				Along;
(K) Supported Employment -
				Individual;
(L) Supported Family
				Living;
(M) Transitional Services;
				and
(N) Transportation Services.
001.01
SELF-DIRECTION
				RESPONSIBILITIES.
A participant who self-directs services must:
(A) Be willing and able to accept increased
				responsibility for managing their Medicaid Home and Community Based Services
				(HCBS) Developmental Disabilities (DD) Waiver Services;
(B) Self-advocate;
(C) Actively direct the Individual Support
				Plan (ISP) planning process and communicate with their team when they need help
				with self-direction;
(D) Accept all
				employer responsibilities. This includes finding, interviewing, hiring,
				training, scheduling, supervising, monitoring, and dismissing Independent
				Providers; and
(E) Manage their use
				of the annual Individual Budget Amount (IBA), as outlined in the Individual
				Support Plan (ISP).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 4 - DEVELOPMENTAL DISABILITIES DAY SERVICES WAIVER FOR ADULTS › Section 403-4-001 - GENERAL INTRODUCTION

Current through June 17, 2024
The Developmental Disabilities Adult Day Services Waiver is
				  authorized under §1915(c) of the Social Security Act and permits the State
				  to furnish eligible individuals with an array of habilitative and
				  non-habilitative services in a community setting.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 4 - DEVELOPMENTAL DISABILITIES DAY SERVICES WAIVER FOR ADULTS › Section 403-4-002 - DEVELOPMENTAL DISABILITIES DAY SERVICES WAIVER FOR ADULTS

Current through June 17, 2024
The following services may be provided under the
				  Developmental Disabilities Adult Day Services Waiver:
002.01
HABILITATIVE
				SERVICES.
(A) Community
				Integration;
(B) Consultative
				Assessment Service;
(C) Day
				Support;
(D) Independent Living;
(E) Prevocational
				Service;
(F) Small Group Vocational
				Support;
(G) Supported Employment -
				Follow-Along;
(H) Supported
				Employment - Individual; and
(I)
				Supported Family Living.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 4 - DEVELOPMENTAL DISABILITIES DAY SERVICES WAIVER FOR ADULTS › Section 403-4-003 - SERVICE REQUIREMENTS

Current through June 17, 2024
003.01
INDIVIDUALIZED SERVICES.
Services are individualized
				based on the outcomes of the person-centered planning team process and are to
				be delivered as authorized and described in the Individual Support Plan
				(ISP).
003.02
RESTRICTED HOURS.
Services under this chapter shall
				not replace or duplicate any services available through public education
				programs funded under the Individuals with Disabilities Education Act (IDEA),
				or other services available through public education programs in the
				participant's local school district. Services cannot be provided during regular
				school hours, as set by the local public school district, even if a participant
				is home-schooled.
003.03
DUPLICATE SERVICES.
Services under this chapter shall
				not replace or duplicate services provided through other Medicaid Home and
				Community-Based Services (HCBS) Waivers or Medicaid State Plan
				services.
003.04
EMPLOYMENT SERVICES.
All employment-related services
				must be provided in a manner that promotes integration into the workplace and
				interaction between participants and people without disabilities in those
				workplaces. Employment-related services include:
(A) Prevocational Service;
(B) Small Group Vocational Support;
(C) Supported Employment - Follow Along;
				and
(D) Supported Employment -
				Individual.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 4 - DEVELOPMENTAL DISABILITIES DAY SERVICES WAIVER FOR ADULTS › Section 403-4-004 - AVAILABLE SERVICES, LIMITATIONS, AND PROVIDER TYPES

Current through June 17, 2024
004.01
ADULT DAY
				SERVICES.
Adult Day Services provide active supports that foster
				independence, encompassing both health and social services needed to ensure the
				optimal functioning of the participant. Adult Day Services includes assistance
				with activities of daily living (ADL), health maintenance, and supervision.
				Participants receiving Adult Day Services are integrated into the community to
				the greatest extent possible. The Adult Day Services provider must be within
				immediate proximity of the participant to allow staff to provide support,
				supervision, safety, security, and activities to keep participants engaged in
				their environment.
004.01(A)
LIMITATIONS.
The following limitations apply to Adult
				Day Services:
(i) Adult Day Services are paid
				at an hourly rate;
(ii)
				Transportation to and from the Adult Day Services are not included;
				and
(iii) Services must not be
				provided in a residential setting.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 5 - COMPREHENSIVE DEVELOPMENTAL DISABILITIES SERVICES WAIVER › Section 403-5-001 - GENERAL INTRODUCTION

Current through June 17, 2024
The Comprehensive Developmental Disabilities Services Waiver
				  is authorized under § 1915(c) of the Social Security Act and permits the
				  State to furnish eligible individuals an array of habilitative and
				  non-habilitative services in residential and community
				  settings.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 5 - COMPREHENSIVE DEVELOPMENTAL DISABILITIES SERVICES WAIVER › Section 403-5-002 - COMPREHENSIVE DEVELOPMENTAL DISABILITIES SERVICES WAIVER

Current through June 17, 2024
The following services may be provided under the
				  Comprehensive Developmental Disabilities Services Waiver:
002.01
HABILITATIVE
				SERVICES.
(A) Behavioral In-Home
				Habilitation;
(B) Child Day
				Habilitation;
(C) Consultative
				Assessment Service;
(D) Community
				Integration;
(E) Day
				Support;
(F) Independent
				Living;
(G) Prevocational
				Service;
(H) Medical In-Home
				Habilitaiton;
(I) Residential
				Habilitation;
(J) Small Group
				Vocational Support;
(K) Supported
				Employment - Follow Along;
(L)
				Supported Employment - Individual;
(M) Supported Family Living; and
(N) Therapeutic Residential
				Habilitation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 5 - COMPREHENSIVE DEVELOPMENTAL DISABILITIES SERVICES WAIVER › Section 403-5-003 - SERVICE REQUIREMENTS

Current through June 17, 2024
003.01
INDIVIDUALIZED SERVICES.
Services are individualized
				based on the outcomes of the participant-directed support planning team
				process, and are to be delivered as authorized and described in the Individual
				Support Plan.
003.02
RESTRICTED HOURS.
Services under this chapter shall
				not replace or duplicate any services available through public education
				programs funded under the Individuals with Disabilities Education Act (IDEA),
				or other services available through public education programs in the
				participant's local school district, including, but not limited to, after
				school supervision and daytime services when school is not in session. Program
				services cannot be provided during regular school hours, as set by the local
				public school district, even if a participant is home-schooled.
003.03
DUPLICATE
				SERVICES.
Services under this chapter shall not replace or
				duplicate services provided through other Medicaid Home and Community-Based
				Services (HCBS) Waivers or Medicaid State Plan services.
003.04
EMPLOYMENT
				SERVICES.
All employment-related services must be provided in a
				manner that promotes integration into the workplace and interaction between
				participants and people without disabilities in those workplaces.
				Employment-related services include:
(A)
				Prevocational Service;
(B) Small
				Group Vocational Support;
(C)
				Supported Employment - Follow Along; and
(D) Supported Employment -
				Individual.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 5 - COMPREHENSIVE DEVELOPMENTAL DISABILITIES SERVICES WAIVER › Section 403-5-004 - AVAILABLE SERVICES, LIMITATIONS, AND PROVIDER TYPES

Current through June 17, 2024
004.01
ADULT DAY
				SERVICES.
Adult Day Services provide active supports that foster
				independence, encompassing both health and social services needed to ensure the
				optimal functioning of the participant. Adult Day Services include assistance
				with activities of daily living (ADL), health maintenance and supervision.
				Participants receiving Adult Day Services must be integrated into the community
				to the greatest extent possible. The Adult Day Services provider must be within
				immediate proximity of the participant to allow staff to provide support,
				supervision, safety, security, and activities to keep participants engaged in
				their environment.
004.01(A)
LIMITATIONS.
The following limitations apply to Adult
				Day Services:
(i) Adult Day Services is paid
				at an hourly rate;
(ii)
				Transportation to and from the Adult Day Services is not included;
(iii) Services must not be provided in a
				residential setting; and
(iv)
				Available to adult participants aged 21 years and older.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-001 - AUTHORITY

Current through June 17, 2024
The Nebraska Department of Health and Human Services (DHHS)
				  is authorized to establish, administer, and implement these regulations
				  pursuant to Neb. Rev. Stat. §§
									68-1529 to
				  68-1534.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-002 - PURPOSE

Current through June 17, 2024
The Department authorizes family support services under the
				  Home and Community-Based Medicaid Waiver for Children with Intellectual and
				  Developmental Disabilities and their Families. Services will be available to
				  families caring for a child with a disability to promote independent living,
				  family-centered care, and individual choices.
002.01
APPLYING.
A
				child with developmental disabilities may apply for Waiver services. To receive
				Waiver services:
(A) A slot must be available;
				and
(B) The child must meet the
				criteria established for the Family Support Waiver.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-003 - WAIVER ELIGIBILITY

Current through June 17, 2024
A child is eligible for the Children's Waiver if the
				  child:
(A) Submits a valid application
				for services;
(B) Resides in the
				State of Nebraska;
(C) Is less than
				21 years of age or if they are 21 years of age or older and do not receive
				services under another 1915(c) Home and Community-Based Service
				Waiver;
(D) Is currently on the
				registry to receive services under the Comprehensive Developmental Disabilities
				(CDD) or Developmental Disabilities Adult Day (DDAD) Service Waiver;
(E) Has a need for Waiver Services and elects
				in writing to receive Waiver services;
(F) Requires the level of services provided
				by an Intermediate Care Facility for Persons with Developmental Disabilities
				(ICF/IID) initially and annually thereafter;
(G) Has a developmental disability as defined
				in the Developmental Disabilities Services Act;
(H) Has a medically determinable physical or
				mental impairment or combination of impairments that (a) causes marked and
				severe functional limitations and (b) can be expected to cause death or has
				lasted or can be expected to last for a continuous period of not less than
				twelve months; and
(I) Is
				determined to be Medicaid-eligible upon review of the child's income and
				assets, parental income being excluded pursuant to 477 NAC
				24-001.01A1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-004 - AVAILABLE SERVICES, LIMITATIONS, AND PROVIDER TYPES

Current through June 17, 2024
004.01
SERVICE
				TYPES.
The following services are available:
(A) Assistive Technology;
(B) Child Day Habilitation;
(C) Community Integration;
(D) Day Supports;
(E) Environmental Modifications
				Assessment;
(F) Family and
				Caregiver Training;
(G) Family and
				Peer Mentoring Supports;
(H) Home
				Modifications;
(I)
				Homemaker;
(J) Independent
				Living;
(K) Participant Directed
				Goods and Services;
(L) Personal
				Emergency Response System (PERS);
(M) Respite;
(N) Supported Family Living;
(O) Transportation; and
(P) Vehicle Modifications.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-005 - LEVEL OF CARE

Current through June 17, 2024
To receive services an individual must meet the Intermediate
				  Care Facility for Individuals with Intellectual Disabilities (ICF/IID) Level of
				  Care as outlined in Title 403 NAC 2
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-006 - FUNDING

Current through June 17, 2024
The Family Support Waiver has an annual cap of
				  $10,000.
006.01
AUTHORIZED
				FUNDING.
The Department will not authorize any funding or service
				for which the child's school system is responsible. Children's Waiver services
				are not available during school hours, as set by the local public school
				district even if the participant is home-schooled, and days for children
				receiving shortened school days, special education services in the family home
				or away from the school building.
006.02
WAIVER NOT
				FURNISHED.
Waiver services will not be furnished to a child while
				they are an inpatient of a hospital, nursing facility, or ICF. Room and board
				will not be included as a cost that is reimbursed under the Family Support
				Waiver.
006.03
ALTERNATIVE COMPLIANCE.
Alternative Compliance will
				not be allowed for services offered under the Family Support Waiver.
006.04
EXCEPTIONS.
No exceptions of funding will be granted for services offered under the Family
				Support Waiver.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-007 - PROVIDER STANDARDS

Current through June 17, 2024
These are the standards and conditions that all persons who
				  provide services must meet.
007.01
PROVIDER REQUIREMENTS.
To participate in Nebraska
				Medicaid, providers of Home and Community-Based Waiver services must comply
				with all applicable provider participation requirements identified in 471
				Nebraska Administrative Code (NAC) Chapters 1, 2, and 3.
007.02
RECORD
				KEEPING.
Providers of Waiver services must maintain the following
				materials for six years:
(A) Documentation
				that supports the selection and provision of services under the Individual
				Support Plan, also referred to as Person-Centered Plan, to each child,
				including dates of service provision and identification of provider;
(B) Financial information necessary to allow
				for an independent audit;
(C)
				Documentation that supports requests for payment; and
(D) Provider agreements.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-008 - ANNUAL ENROLLMENT OF FAMILY SUPPORT WAIVER SERVICE PROVIDERS

Current through June 17, 2024
A person proposing to provide family Waiver services must
				  enroll annually.
008.01
SERVICE PROVIDER AGREEMENT.
If the chosen provider
				meets the required applicable standards identified in 471 NAC 1, 2, and 3, the
				Department will enter into a provider agreement with the provider using the:
(A) Service Provider Agreement;
(B) Service Provider Addendum;
(C) Approved Family Child Care Home
				Self-Certification Checklist or In-Home Child Care Self-Certification
				Checklist, when applicable;
(D) IRS
				Form W-9, "Request for Taxpayer Identification Number and Certification";
				and
(E) Range of rates established
				by the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-009 - REPORTS OF ABUSE OR NEGLECT

Current through June 17, 2024
009.01
ANNUAL PROVIDER AGREEMENT.
Before entering into an
				annual provider agreement with individuals providing homemaker services
				involving direct individual contact, respite, or habilitative childcare, the
				Department will complete a check of the:
(A)
				Central Register of Child Protection Cases;
(B) Adult Protective Services Central
				Registry;
(C) The Department's
				License Information System; and
(D)
				Nebraska State Patrol Sex Offender Registry.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Chapter 6 - FAMILY SUPPORT WAIVER › Section 403-6-010 - CRIMINAL HISTORY

Current through June 17, 2024
010.01
FELONY OR MISDEMEANOR STATEMENTS.
The Department will
				deny or terminate the provider approval of an applicant or provider who refuses
				to sign a release of information. The following persons must sign a statement
				giving information about current charges, pending indictments, and convictions
				for felony or misdemeanor actions:
(A) A
				person applying to be a provider of family services, before approval;
(B) A provider of family support Waiver
				services, annually; and
(C) Any
				member of the provider's household if services will be provided in the
				provider's home, before approval, and annually thereafter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 1 - SCOPE AND AUTHORITY › Section 404-1-002 - LEGAL AUTHORITY

Current through June 17, 2024
The following laws and regulations give legal authority to
				  the Department of Health and Human Services for the establishment,
				  administration, and implementation of these regulations:
(A) Developmental Disabilities Services Act
				(DDSA) (Nebraska Revised Statutes [Neb. Rev. Stat.] §§
									83-1201
				to
				83-1226);
				and
(B) The Health and Human
				Services Act (Neb. Rev. Stat. §§
									81-3110
				to
				81-3124).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 1 - SCOPE AND AUTHORITY › Section 404-1-003 - ALTERNATIVE COMPLIANCE PROCEDURE

Current through June 17, 2024
The Department has the discretion to authorize alternative
				  methods of compliance with any standards or compliance procedures specified in
				  these regulations when the method of compliance meets the purpose and intent of
				  any regulation.
003.01 To apply for
				alternative compliance with a regulation, a provider or designee must submit a
				written request to the Department. The written request must include:
(A) The citation of the specific part of the
				regulation for which alternative compliance is being requested;
(B) The rationale supporting 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 alternative
				compliance;
(D) The signature of
				the director; and
(E) Authorization
				from the provider's governing board or designee to request alternative
				compliance.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 3 - ELIGIBILITY AND AUTHORIZATION › Section 404-3-001 - ELIGIBILITY AND AUTHORIZATION FOR DD SERVICES

Current through June 17, 2024
The Department authorizes funding for services to individuals
				  determined to be eligible as set forth in 404 NAC.
001.01 The following apply to developmental
				disabilities services, regardless of whether the services are funded by state
				general funds or Medicaid waiver funds.
001.01(A)
FAMILY
				MEMBERS.
The Department will not pay a legally responsible adult
				to provide developmental disabilities services. A legally responsible adult is
				a person who has a legal obligation under the provision of state law to care
				for another individual including a parent (natural or adoptive) of a minor
				child, a spouse, or legal guardian.
001.01(B)
EDUCATIONAL
				SERVICES.
No service that is the responsibility of the school
				system will be authorized as a developmental disabilities service. The
				Department will not authorize developmental disabilities services for the hours
				the child is attending school or in a vocational rehabilitation program.
				Regular school hours and days apply for a child who receives home
				schooling.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 3 - ELIGIBILITY AND AUTHORIZATION › Section 404-3-002 - DEVELOPMENTAL DISABILITIES SERVICES FUNDED BY STATE GENERAL FUNDS

Current through June 17, 2024
The following provisions govern services funded by State
				  General Funds.
002.01
DENIAL OF STATE GENERAL FUNDS.
The Department may at
				any time deny or terminate funding for specialized services funded solely by
				State General Funds for one or more of the following reasons:
(A) The individual does not meet eligibility
				requirements;
(B) The Legislature
				has not appropriated sufficient fiscal resources to fund all services for all
				persons determined eligible for specialized services;
(C) The eligible individual's needs may be
				met through the use of natural supports or other resources;
(D) Funding for requested specialized
				services is available from other sources;
(E) The eligible individual has not met
				prioritization criteria;
(F) The
				eligible individual has not met criteria for funding available through
				legislative mandates, or court decisions addressing specific population,
				groups, or order of services offered;
(G) The eligible individual or legal
				representative has failed to apply for and accept any federal Medicaid benefits
				for which she or he may be eligible; for benefits from other funding sources
				within the Department or the Nebraska Department of Education; and for benefits
				from other agencies to the maximum extent possible;
(H) The eligible individual is not eligible
				for Medicaid benefits or the eligible individual or legal representative has
				failed to comply with requirements for initial or continued eligibility of any
				federal Medicaid benefits for which she or he may be eligible;
(I) The eligible individual or legal
				representative failed to comply with the requirements for initial or continued
				benefits from other funding sources within the Department, the Nebraska
				Department of Education, and other agencies to the maximum extent
				possible;
(J) The eligible
				individual or legal representative has not signed documentation required by the
				Department;
(K) The eligible
				individual or legal representative has failed to cooperate with, or refused the
				services funded by the Department;
(L) The child under the age of 22 could
				receive educational services during a normal, regular, or adjusted school
				day;
(M) A plan of services and
				supports to protect the individual's health and welfare cannot be developed or
				maintained; or
(N) The eligible
				individual, legal representative, or representative payee has not supplied
				information requested by the Department including information regarding the
				individual's ability to pay a portion of the costs of services if required by
				applicable law.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 3 - ELIGIBILITY AND AUTHORIZATION › Section 404-3-003 - ANNUAL AND ONGOING ELIGIBILITY REVIEW FOR SERVICES

Current through June 17, 2024
The Department will complete a review of eligibility on an
				  annual basis or when changes in the individual's circumstances appear. If the
				  individual is determined to be ineligible, the Department will notify the
				  individual.
003.01
AUTHORIZATION OF SERVICES FUNDING.
All State General
				Funds services funding must be authorized by the Department, prior to the
				service being provided.
003.02
PROHIBITED USES OF DEPARTMENT FUNDS.
State General
				Funds will not be used to pay for:
(A) The
				care of individuals residing in a hospital, nursing facility, or intermediate
				care facility for individuals with developmental disabilities
				(ICF/DD);
(B) Room and
				board;
(C) Services currently
				covered under Nebraska Medicaid; or
(D) Services to a child when educational
				services could be provided during a normal, regular, or adjusted school
				day.