reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-014 - SECURITY ZONES

Current through June 17, 2024
014.01
USE AND STORAGE.
Licensees must ensure that all
  aggregated category 1 and category 2 quantities of radioactive material are
  used or stored within licensee-established security zones. Security zones may
  be permanent or temporary.
014.02
TEMPORARY SECURITY ZONES.
Temporary security zones
  must be established as necessary to meet the licensee's transitory or
  intermittent business activities, such as periods of maintenance, source
  delivery, and source replacement.
014.03
UNESCORTED
  ACCESS.
Security zones must, at a minimum, allow unescorted access
  only to approved individuals through:
(A)
  Isolation of category 1 and category 2 quantities of radioactive materials by
  the use of continuous physical barriers that allow access to the security zone
  only through established access control points. A physical barrier is a natural
  or man-made structure or formation sufficient for the isolation of the category
  1 or category 2 quantities of radioactive material within a security
  zone;
(B) Direct control of the
  security zone by approved individuals at all times; or
(C) A combination of continuous physical
  barriers and direct control.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-015 - MONITORING, DETECTION AND ASSESSMENT

Current through June 17, 2024
015.01
MONITORING AND DETECTION.
(A) Licensees must establish and maintain the
  capability to continuously monitor and detect without delay all unauthorized
  entries into its security zones. Licensees must provide the means to maintain
  continuous monitoring and detection capability in the event of a loss of the
  primary power source, or provide for an alarm and response in the event of a
  loss of this capability to continuously monitor and detect unauthorized
  entries.
(B) Monitoring and
  detection must be performed by:
(i) A
  monitored intrusion detection system linked to an onsite or offsite central
  monitoring facility;
(ii)
  Electronic devices for intrusion detection alarms that will alert nearby
  facility personnel;
(iii) A
  monitored video surveillance system;
(iv) Direct visual surveillance by approved
  individuals located within the security zone; or
(v) Direct visual surveillance by a licensee
  designated individual located outside the security zone.
(C) A licensee subject to 180 NAC
  24-011 through
  24-019 must also have a means to
  detect unauthorized removal of the radioactive material from the security zone.
  This detection capability must provide:
(i)
  For category 1 quantities of radioactive material, immediate detection of any
  attempted unauthorized removal of the radioactive material from the security
  zone. Such immediate detection capability must be provided by:
(1) Electronic sensors linked to an
  alarm;
(2) Continuous monitored
  video surveillance; or
(3) Direct
  visual surveillance; and
(ii) For category 2 quantities of radioactive
  material, weekly verification through physical checks, tamper indicating
  devices, use, or other means to ensure that the radioactive material is
  present.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-016 - MAINTENANCE AND TESTING

Current through June 17, 2024
Each licensee subject to 180 NAC
	 24-011 through
	 24-019 must implement a maintenance
	 and testing program to ensure that intrusion alarms, associated communication
	 systems, and other physical components of the systems used to secure or detect
	 unauthorized access to radioactive material are maintained in operable
	 condition and are capable of performing their intended function when
	 needed.
016.01
FREQUENCY.
The equipment relied on to meet the
  security requirements of this chapter must be inspected and tested for
  operability and performance at the manufacturer's suggested frequency. If there
  is no suggested manufacturer's suggested frequency, the testing must be
  performed at least annually, not to exceed 12 months.
016.02
RECORDS.
The
  licensee must maintain records on the maintenance and testing activities for
  three years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-017 - REQUIREMENTS FOR MOBILE DEVICES

Current through June 17, 2024
Each licensee that possesses mobile devices containing category 1 or
	 category 2 quantities of radioactive material must:
(A) Have two independent physical controls
  that form tangible barriers to secure the material from unauthorized removal
  when the device is not under direct control and constant surveillance by the
  licensee; and
(B) Utilize a method
  to disable the vehicle or trailer when not under direct control and constant
  surveillance by the licensee for devices in or on a vehicle or trailer, unless
  the health and safety requirements for a site prohibit the disabling of the
  vehicle. Licensees must not rely on the removal of an ignition key to meet this
  requirement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-018 - SECURITY PROGRAM REVIEW

Current through June 17, 2024
018.01
CONTINUING EFFECTIVENESS.
Each licensee must be
  responsible for the continuing effectiveness of the security program. Each
  licensee must ensure the security program is reviewed to confirm compliance
  with the requirements of 180 NAC
  24-011 through
  24-019 and comprehensive actions are
  taken to correct any noncompliance that is identified. The review must include
  the radioactive material security program content and implementation. Each
  licensee must periodically, at least annually, review the security program
  content and implementation.
018.02
RESULTS AND RECOMMENDATIONS.
The results of the
  review, along with any recommendations, must be documented. Each review report
  must identify conditions that are adverse to the proper performance of the
  security program, the cause of the condition or conditions, and when
  appropriate, recommend corrective actions, and corrective actions taken. The
  licensee must review the findings and take any additional corrective actions
  necessary to preclude repetition of the condition, including reassessment of
  the deficient areas where indicated.
018.03
RECORDS.
The
  licensee must maintain the review documentation for three years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-019 - REPORTING OF EVENTS

Current through June 17, 2024
019.01
IMMEDIATE NOTIFICATION.
The licensee must immediately
  notify the LLEA after determining that an unauthorized entry resulted in an
  actual or attempted theft, sabotage, or diversion of a category 1 or category 2
  quantity of radioactive material. As soon as possible after initiating a
  response, but not at the expense of causing delay or interfering with the LLEA
  response to the event, the licensee must notify the Office of Radiological
  Health at (402) 471-2168 during business hours or (402) 479-4921 after business
  hours. In no case must the notification to the Department be later than 4 hours
  after the discovery of any attempted or actual theft, sabotage, or
  diversion.
019.02
SUSPICIOUS ACTIVITY ASSESSMENT.
The licensee must
  assess any suspicious activity related to possible theft, sabotage, or
  diversion of category 1 or category 2 quantities of radioactive material and
  notify the LLEA as appropriate. As soon as possible but not later than four
  hours after notifying the LLEA, the licensee must notify the notify the
  Department at (402) 471-2168 during business hours or (402) 479-4921 after
  business hours.
019.03
WRITTEN NOTIFICATION.
Initial telephonic notification
  required by 180 NAC 24-019.01 must be followed within a period of 30 days by a
  written report submitted to the Department in accordance with 180 NAC
  1-012. The report must include
  sufficient information for Department analysis and evaluation, including
  identification of any necessary corrective actions to prevent future
  instances.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-020 - ADDITIONAL REQUIREMENTS FOR TRANSFER OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL

Current through June 17, 2024
A licensee transferring a category 1 or category 2 quantity of
	 radioactive material to a licensee of the Department, NRC or an Agreement State
	 must meet the license verification provisions listed below instead of those
	 listed in 180 NAC 3-025.04.
020.01
CATEGORY 1 QUANTITIES.
Any licensee transferring
  category 1 quantities of radioactive material to a licensee of the Department,
  NRC or an Agreement State, prior to conducting such transfer, must verify with
  the NRC's license verification system or the license issuing authority that the
  transferee's license authorizes the receipt of the type, form, and quantity of
  radioactive material to be transferred and that the licensee is authorized to
  receive radioactive material at the location requested for delivery. If the
  verification is conducted by contacting the license issuing authority, the
  transferor must document the verification. For transfers within the same
  organization, the licensee does not need to verify the transfer.
020.02
CATEGORY 2
  QUANTITIES.
Any licensee transferring category 2 quantities of
  radioactive material to a licensee of the Department, NRC or an Agreement
  State, prior to conducting such transfer, must verify with the NRC's license
  verification system or the license issuing authority that the transferee's
  license authorizes the receipt of the type, form, and quantity of radioactive
  material to be transferred. If the verification is conducted by contacting the
  license issuing authority, the transferor must document the verification. For
  transfers within the same organization, the licensee does not need to verify
  the transfer.
020.03
EMERGENCY WRITTEN CERTIFICATION.
In an emergency where
  the licensee cannot reach the license issuing authority and the license
  verification system is nonfunctional, the licensee may accept a written
  certification by the transferee that it is authorized by license to receive the
  type, form, and quantity of radioactive material to be transferred. The
  certification must include the license number, current revision number, issuing
  agency, expiration date, and for a category 1 shipment the authorized address.
  The licensee must keep a copy of the certification. The certification must be
  confirmed by use of the NRC's license verification system or by contacting the
  license issuing authority by the end of the next business day.
020.04
RECORDS.
The
  transferor must keep a copy of the verification documentation as a record for
  three years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-021 - APPLICABILITY OF PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL DURING TRANSIT

Current through June 17, 2024
021.01
CATEGORY 1 QUANTITIES.
For shipments of category 1
  quantities of radioactive material, each shipping licensee must comply with the
  requirements for physical protection contained in 180 NAC 24-022.01 and
  24-022.05; 180 NAC
  24-023; 24-024.01(A), 24-024.02(A),
  24-024.03, and 24-025.01, 24-025.03, 24-025.05, 24-025.07 and
  24-025.08.
021.02
CATEGORY 2 QUANTITIES.
For shipments of category 2
  quantities of radioactive material, each shipping licensee must comply with the
  requirements for physical protection contained in 180 NAC 24-022.02 through
  24-022.05; 24-024.01(B), 24-024.01(C), 24-024.02(B), and 24-024.03; and
  24-025.02, 24-025.04, 24-025.06, 24-025.07 and 24-025.08. For those shipments
  of category 2 quantities of radioactive material that meet the criteria of 180
  NAC 13-020.02, the shipping licensee must also comply with the advance
  notification provisions of 180 NAC
  13-020.
021.03
SHIPPING
  LICENSEE.
The shipping licensee must be responsible for meeting
  the requirements of this 180 NAC
  24-020 through
  24-025 unless the receiving licensee
  has agreed in writing to arrange for the in-transit physical protection
  required under 180 NAC
  24-020 through
  24-025.
021.04
IMPORT OR EXPORT OF
  CATEGORY 1 QUANTITIES.
Each licensee that imports or exports
  category 1 quantities of radioactive material must comply with the requirements
  for physical protection during transit contained in 24-022.01(B) and 24-022.05;
  24-023, and 24-024.01(A),
  24-024.02(A), and 24-024.03; and 24-025.01, 24-025.03, 24-025.05, 24-025.07 and
  24-025.08 for the domestic portion of the shipment.
021.05
IMPORT OR EXPORT OF
  CATEGORY 2 QUANTITIES.
Each licensee that imports or exports
  category 2 quantities of radioactive material must comply with the requirements
  for physical protection during transit contained in 180 NAC 24-024.01(B).
  24-024.01(C) and 24-024.02(B), and 180 NAC 24-025.02, 24-025.04, 24-025.06,
  24-025.07 and 24-025.08 for the domestic portion of the shipment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-022 - PREPLANNING AND COORDINATION OF SHIPMENT OF CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL

Current through June 17, 2024
022.01
PREPLANNING.
Each licensee that plans to transport, or
  deliver to a carrier for transport, licensed material that is a category 1
  quantity of radioactive material outside the confines of the licensee's
  facility or other place of use or storage must:
(A) Preplan and coordinate shipment arrival
  and departure times with the receiving licensee;
(B) Preplan and coordinate shipment
  information with the governor or the governor's designee of any State through
  which the shipment will pass to:
(i) Discuss
  the State's intention to provide law enforcement escorts; and
(ii) Identify safe havens; and
(C) Document the preplanning and
  coordination activities.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-023 - ADVANCE NOTIFICATION OF SHIPMENT OF CATEGORY 1 QUANTITIES OF RADIOACTIVE MATERIAL

Current through June 17, 2024
As specified in 180 NAC 24-023.01 and 24-023.02, each licensee must
	 provide advance notification to the NRC, the Department, and the governor of a
	 state, or the governor's designee, of the shipment of licensed material in a
	 category 1 quantity, through or across the boundary of the state, before the
	 transport, or delivery to a carrier for transport of the licensed material
	 outside the confines of the licensee's facility or other place of use or
	 storage.
023.01
PROCEDURES
  FOR SUBMITTING ADVANCE NOTIFICATION.
(A) Notification must be made to the NRC, the
  Department, and to the office of each appropriate governor or governor's
  designee. The contact information, including telephone and mailing addresses,
  of governors and governors' designees, is available on the NRC's Web site at
https://scp.nrc.gov/special/designee.pdf
.
  A list of the contact information is also available upon request from the
  Director, Division of Materials Safety, Security, State, and Tribal Programs,
  Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
  Commission, Washington, DC 20555-0001. Notifications to the NRC must be to the
  NRC Director, Office of Nuclear Security and Incident Response, U.S. Nuclear
  Regulatory Commission, Washington, DC 20555-0001. The notification to the NRC
  may be made by email to RAMQC_SHIPMENTS@nrc.gov or by fax to
  301-816-5151.
(B) Notification
  delivered by mail must be postmarked at least seven days before transport of
  the shipment commences at the shipping facility.
(C) Notification delivered by any means other
  than mail must reach the Department at least 4 days before the transport of the
  shipment commences and must reach the office of the governor or the governor's
  designee at least 4 days before transport of a shipment within or through the
  State.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-024 - REQUIREMENTS FOR PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL DURING SHIPMENT

Current through June 17, 2024
024.01
SHIPMENT BY ROAD.
Requirements for shipment by road
  are as follows.
024.01(A)
CATEGORY
  1 SINGLE SHIPMENT.
Each licensee who transports, or delivers to a
  carrier for transport, in a single shipment, a category 1 quantity of
  radioactive material must:
(i) Ensure movement
  control centers are established that maintain position information from a
  remote location. These control centers must monitor shipments 24 hours a day,
  seven days a week, and have the ability to communicate immediately, in an
  emergency, with the appropriate law enforcement agencies.
(ii) Ensure redundant communications are
  established that allow the transport to contact the escort vehicle (when used)
  and movement control center at all times. Redundant communications may not be
  subject to the same interference factors as the primary
  communication.
(iii) Ensure
  shipments are continuously and actively monitored by a telemetric position
  monitoring system or an alternative tracking system reporting to a movement
  control center. A movement control center must provide positive confirmation of
  the location, status, and control over the shipment. The movement control
  center must be prepared to promptly implement preplanned procedures in response
  to deviations from the authorized route or a notification of actual, attempted,
  or suspicious activities related to the theft, loss, or diversion of a
  shipment. These procedures will include, but not be limited to, the
  identification of and contact information for the appropriate LLEA a long the
  shipment route.
(iv) Provide an
  individual to accompany the driver for those highway shipments with a driving
  time period greater than the maximum number of allowable hours of service in a
  24 hour duty day as established by the Department of Transportation Federal
  Motor Carrier Safety Administration. The accompanying individual may be another
  driver.
(v) Develop written normal
  and contingency procedures to address:
(1)
  Notifications to the communication center and law enforcement
  agencies;
(2) Communication
  protocols. Communication protocols must include a strategy for the use of
  authentication codes and duress codes and provisions for refueling or other
  stops, detours, and locations where communication is expected to be temporarily
  lost;
(3) Loss of communications;
  and
(4) Responses to an actual or
  attempted theft or diversion of a shipment; and
(vi) Ensure drivers, accompanying personnel,
  and movement control center personnel have access to the normal and contingency
  procedures for each licensee who makes arrangements for the shipment of
  category 1 quantities of radioactive material.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-026 - FORM OF RECORDS

Current through June 17, 2024
Each record required by 180 NAC 24 must be an original or reproduced
	 copy, or microform or electronic media, capable of producing legible, accurate,
	 and complete records authenticated by authorized personnel throughout the
	 retention period specified by Title 180. Records such as letters, drawings, and
	 specifications, must include all pertinent information such as stamps,
	 initials, and signatures. The licensee must maintain adequate safeguards
	 against tampering with and loss of records.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Section 180-24-027 - RECORD RETENTION

Current through June 17, 2024
Licensees must maintain records required by 180 NAC 24 for the period
	 specified by the appropriate regulation. If a retention period is not otherwise
	 specified, these records must be retained until the Department terminates the
	 facility's license. All records related to 180 NAC 24 may be destroyed upon
	 Department termination of the facility license.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL › Appendix 24-A - TABLE 1 - CATEGORY 1 AND CATEGORY 2 THRESHOLD

Current through June 17, 2024
The terabecquerel (TBq) values are the regulatory standard. The curie
	 (Ci) values specified are obtained by converting from the TBq value. The curie
	 values are provided for practical usefulness only.
Radioactive material
Category 1 (TBq)
Category 1 (Ci)
Category 2 (TBq)
Category 2 (Ci)
Americium-241
60
1,620
0.6
16.2
Americium-241/Be
60
1,620
0.6
16.2
Californium-252
20
540
0.2
5.40
Cobalt-60
30
810
0.3
8.10
Curium-244
50
1,350
0.5
13.5
Cesium-137
100
2,700
1
27.0
Gadolinium-153
1,000
27,000
10
270
Iridium-192
80
2,160
0.8
21.6
Plutonium-238
60
1,620
0.6
16.2
Plutonium-239/Be
60
1,620
0.6
16.2
Promethium-147
40,000
1,080,000
400
10,800
Radium-226
40
1,080
0.4
10.8
Selenium-75
200
5,400
2
54.0
Strontium-90
1,000
27,000
10
270
Thulium-170
20,000
540,000
200
5,400
Ytterbium-169
300
8,100
3
8 1.0
Note: Calculations Concerning Multiple Sources or Multiple
	 Radionuclides
The "sum of fractions" methodology for evaluating combinations of
	 multiple sources or multiple radionuclides is to be used in determining whether
	 a location meets or exceeds the threshold and is thus subject to the
	 requirements of this part.
I. If multiple sources of the same radionuclide and/or multiple
	 radionuclides are aggregated at a location, the sum of the ratios of the total
	 activity of each of the radionuclides must be determined to verify whether the
	 activity at the location is less than the category 1 or category 2 thresholds
	 of Table 1, as appropriate. If the calculated sum of the ratios, using the
	 equation below, is greater than or equal to 1.0, then the applicable
	 requirements of this part apply.
II. First determine the total activity for each radionuclide from Table
	 1 of Appendix 24-A. This is done by adding the activity of each individual
	 source, material in any device, and any loose or bulk material that contains
	 the radionuclide. Then use the equation below to calculate the sum of the
	 ratios by inserting the total activity of the applicable radionuclides from
	 Table 1 of Appendix 24-A in the numerator of the equation and the corresponding
	 threshold activity from Table 1 in the denominator of the equation.
	 Calculations must be performed in metric values (i.e., TBq) and the numerator
	 and denominator values must be in the same units.
R1 = total activity for radionuclide 1
R2 = total activity for radionuclide 2
R n = total activity for radionuclide n
AR1 = activity threshold for radionuclide
	 1
AR2 = activity threshold for radionuclide
	 2
ARn = activity threshold for radionuclide
	 n.
Click here to
	 view
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations implement the Nebraska Chronic Renal Disease Program
	 established by Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									71-4901,
	 71-4903,
	 and
	 71-4904.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-002 - DEFINITIONS

Current through June 17, 2024
The definitions set out in Neb. Rev. Stat. §§
									71-4901
	 to
	 71-4904
	 and the following are adopted for this chapter.
002.01
ADEQUATE
  NOTICE.
A notice from the Department mailed at least ten days
  before the effective date of the action(s) that states the action(s) to be
  taken, the reason(s) for the intended action(s), and the specific regulation
  that supports or requires the action(s).
002.02
CHRONIC KIDNEY
  DISEASE.
The slow loss of kidney function over time. End-Stage
  Renal Disease (ESRD) is the final stage of chronic kidney disease.
002.03
CLIENT.
An
  individual applying for or receiving assistance from the Nebraska Chronic Renal
  Disease Program.
002.04
COMPLETE APPLICATION.
An initial application or
  renewal application which contains all of the required information and
  documentation, with attestation from the applicant to its truth and
  completeness.
002.05
DEPRIVED.
A n individual within two years of applying
  for assistance from the Program who has directly or indirectly given away or
  sold property for less than fair market value for the purpose of qualifying for
  assistance.
002.06
EXPLANATION OF BENEFITS.
a A n insurance company's
  written explanation regarding a claim showing what it paid on a client's
  behalf. May also be called a remittance advice.
002.07
THIRD-PARTY.
An entity responsible for, or otherwise under an obligation to provide, the
  payment of all or part of the cost of the care and treatment of a person with
  chronic kidney disease or chronic renal disease.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-003 - ELIGIBILITY AND APPLICATION

Current through June 17, 2024
To be eligible for participation in the Chronic Renal Disease Program,
	 an applicant must meet all statutory requirements and the following:
(A) Be diagnosed with chronic kidney disease
  or chronic renal disease;
(B)
  Require dialysis to maintain or improve his or her condition. An individual who
  has received a kidney transplant must have been a client prior to receiving the
  transplant and must be within three years of receiving the transplant in order
  to be served;
(C) Annual income
  must be at or below three-hundred (300) percent of the federal poverty level in
  order to participate. The income level is adjusted based on household size;
  and
(D) Accept any Medicaid
  benefits for which the applicant may be eligible and benefits from any other
  programs, including any third-party payment, to the maximum extent
  possible.
003.01
APPLICATION.
Clients must submit, through the staff at
  a licensed health clinic where the client receives dialysis, a complete
  application provided by the Department and the following:
(A) Income-verifying and household
  information ;
(B) Insurance
  information;
(C) Medical
  certification that verifies the individual requires dialysis to maintain or
  improve his or her condition; and
(D) Documentation of:
(i) United States citizenship or alien
  status; and
(ii) Nebraska
  residency.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-004 - MAINTENANCE OF CLIENT ELIGIBILITY

Current through June 17, 2024
The client, or the client's representative, is responsible for
	 informing the Department, in writing, within thirty (30) days of the following
	 changes:
(A) When the client's annual
  income increases above three hundred (300) percent of the federal poverty
  level;
(B) In the number of persons
  living in the home;
(C) To the
  treatment status which includes whether or not the client is still receiving
  dialysis, has had a kidney transplant, or has died;
(D) To the client's residency; or
(E) To the client's home address and primary
  phone number.
004.01
RENEWAL APPLICATIONS.
A complete application must be
  submitted for each active client every seven years calculated from the service
  start date stated in the client eligibility letter. The renewal application
  must be received by the Department within sixty (60) days of the service end
  date noted on the client eligibility letter and include the documentation
  required by this chapter for initial approval.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-005 - BENEFITS

Current through June 17, 2024
Benefits are set out below.
005.01
COVERED
  SERVICES.
The Department may assist in paying for the following
  services that are directly related to the care and treatment of chronic kidney
  disease or chronic renal disease:
(A)
  Pharmaceutical products listed on the Chronic Renal Disease Program's
  Reimbursable Drug Formulary.
(B)
  Dialysis procedures listed on the Chronic Renal Disease Program's Reimbursement
  Procedures for Dialysis Services. Procedures must be provided through a
  licensed health clinic as described in 175 Nebraska Administrative Code (NAC)
  7.
(C) All services must be
  prescribed by a licensed health care provider possessing appropriate
  specialized knowledge in the diagnosis and treatment of chronic kidney disease
  or chronic renal disease.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-006 - LIMITATIONS

Current through June 17, 2024
The annual amount paid by the Department on behalf of any one client
	 will not exceed one and a one half percent (1.5%) of the amount allocated to
	 the Department to operate the Chronic Renal Disease Program by the Nebraska
	 Legislature for that state fiscal year. This amount may be adjusted upon the
	 discretion of the Department based on the availability of funds and the number
	 of clients served by the Chronic Renal Disease Program. A client will be given
	 adequate notice that he or she has met his or her annual Program allotment.
	 Service costs not covered by the Program after all other available insurance
	 resources have determined and paid their share are the responsibility of the
	 client.
006.01
OUT-OF-STATE SERVICES.
Only out-of-state dialysis
  service providers or pharmacies, within fifty (50) miles of the Nebraska border
  that have signed a Chronic Renal Disease Program Service Provider Enrollment
  Form, may receive payment from the Department for providing covered services
  for a client subject to the limitations noted in this chapter.
006.02
PAYER OF LAST
  RESORT.
The Chronic Renal Disease Program is A payer of last
  resort. Primary insurance providers, private, Medicaid or Medicare, must be
  invoiced first and have paid on a client's behalf before an invoice is sent to
  the Chronic Renal Disease Program for payment consideration.
006.03
TERMINATION.
Clients are no longer eligible for participation in the Chronic Renal Disease
  Program under the following circumstances:
(A)
  Clients who stop dialysis treatments will be terminated from participation
  twelve (12) months after the month in which the course of dialysis is
  terminated;
(B) Clients who receive
  a kidney transplant and no longer require dialysis will be terminated from
  participation thirty-six (36) months after the month in which the kidney
  transplant is received;
(C) If a
  client's annual income exceeds three-hundred (300) percent of the federal
  poverty level;
(D) If the client
  moves out-of-state he or she is terminated from participation effective the
  date of the move;
(E) If the client
  fails to provide updated income-verifying or insurance documentation within the
  time frame requested by the Department;
(F) Misrepresentation on the part of a
  client;
(G) Upon death ;
(H) If there have been no payments for
  pharmaceutical or dialysis services processed on a client's behalf in one year.
  The year is calculated from the start of each state fiscal year;
(I) Failure to inform the Department of
  changes to the client status as required by this chapter; or
(J) Failure to submit a renewal application
  when due.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-007 - PROVIDER REQUIREMENTS AND PAYMENTS

Current through June 17, 2024
To participate in the Chronic Renal Disease Program, service providers
	 must be licensed by the Department, or its equivalent in another state. Service
	 providers must complete and sign the Chronic Renal Disease Program's Service
	 Provider Enrollment Form prior to participation. Providers not meeting the
	 standards set out in the Provider Enrollment Form are not eligible to receive
	 payment for covered services
007.01
PHARMACEUTICAL PAYMENT.
Only pharmaceutical products
  listed on the Chronic Renal Disease Program's Reimbursable Drug Formulary are
  eligible for payment. Payments are made in accordance with the Provider
  Standards noted in the Chronic Renal Disease Program's Service Provider
  Enrollment Form and follow the Payment procedures outlined in this chapter.
  Invoicing procedures are outlined in the Chronic Renal Disease Program's
  Reimbursement Procedures for Pharmacies and may be adjusted upon the discretion
  of the Department.
007.02
PAYMENT DETERMINATION.
The pharmaceutical payment
  amount is based on Nebraska Medicaid fee for service allowable cost. Any
  remaining cost after the Department has paid is the responsibility of the
  client. Payment is subject to the limitations in this chapter and is made on
  behalf of a client directly to the pharmacy.
007.03
DIALYSIS SERVICE
  PAYMENT.
The Department pays up to fifty (50) percent of the
  client co-pay after all other insurances or third-party payers have paid their
  share. The payment percentage may be adjusted upon the discretion of the
  Department. The remaining dialysis service cost after the Chronic Renal Disease
  Program has paid is the responsibility of the client. Payments are made
  directly to the service provider in accordance with the Provider Standards in
  the Chronic Renal Disease Program Service Provider Enrollment Form and follow
  the Payment procedures outlined in this chapter. Invoicing procedures are
  outlined in the Chronic Renal Disease Program's Reimbursement Procedures for
  Dialysis Services and may be adjusted upon the discretion of the
  Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-008 - PAYMENT

Current through June 17, 2024
Payment for pharmaceuticals and dialysis services must be approved by
	 the Department. Claims may be approved for payment when all of the following
	 conditions are met:
(A) A Chronic Renal
  Disease Program Service Provider Enrollment Form is on file with the Department
  for the entity claiming payment;
(B) The client was approved for participation
  when the service was provided;
(C)
  The services provided are covered services as described in this chapter;
  and
(D) No more than six months
  have elapsed from the date of service until when the claim is received by the
  Chronic Renal Disease Program. Payment may be made by the Department for claims
  received more than six months after the date of service if the circumstances
  which delayed the submittal were beyond the provider's control. The Department
  may determine whether the circumstances were beyond the provider's control
  based on documentation submitted by the provider.
008.01
PROVIDER'S FAILURE TO
  COOPERATE IN SECURING THIRD-PARTY PAYMENT.
The Department shall
  deny payment of a provider's claims if the provider fails to apply third-party
  payments to covered services, file necessary claims, or cooperate in matters
  necessary to secure payment by insurance or other responsible
  third-parties.
008.02
THIRD-PARTY REFUNDS.
Whenever a service provider
  receives a third-party payment after a claim has been paid by the Department,
  the provider shall refund the Department for the full amount of the payment.
  The refund must be accompanied by a copy of the documentation, such as the
  Explanation of Benefits or electronic coordination of
  benefits.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 1 - NEBRASKA CHRONIC RENAL DISEASE PROGRAM › Section 181-1-009 - RIGHT TO A FAIR HEARING

Current through June 17, 2024
The fair hearing process is conducted in accordance with 184 NAC 1. If
	 a client is denied services, has his or her case terminated or believes the
	 Department acted erroneously, the client may request a fair hearing. The
	 request must be in writing and filed with the Department within (30) days of
	 the mailing date on the written notice from the Department. The request
	 must:
(A) Include a brief summary of
  the Department's action being challenged;
(B) Describe the reason for the challenge;
  and
(C) Be sent to the Director of
  the Nebraska Department of Health & Human Services, Division of Public
  Health.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-001 - AUTHORITY

Current through June 17, 2024
These regulations implement the law governing screening of infants for
	 inherited and congenital infant-or childhood-on-set diseases, Neb. Rev. Stat.
	 §§
									71-519
	 to
	 71-524.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-003 - SPECIFICATION OF DISEASES

Current through June 17, 2024
All infants born in the state of Nebraska must be tested for the
	 diseases identified in Neb.Rev.Stat. §
									71-519
	 and the following diseases:
(1)
  Argininosuccinic Acidemia (beginning July 1, 2008);
(2) Beta-ketothiolase Deficiency (beginning
  July 1, 2008);
(3) Carnitine Uptake
  Defect (beginning July 1, 2008);
(4) Citrullinemia (beginning July 1,
  2008);
(5) Congenital Adrenal
  Hyperplasia;
(6) Cystic
  Fibrosis;
(7) Glutaric Acidemia
  type 1 (beginning July 1, 2008);
(8) Homocystinuria (beginning July 1,
  2008);
(9) Isovaleric Acidemia
  (beginning July 1, 2008);
(10)
  Long-chain Hydroxyacyl-CoA Dehydrogenase Deficiency (beginning July 1,
  2008);
(11) Maple Syrup Urine
  Disease (beginning July 1, 2008);
(12) Methylmalonic Acidemia (Mutase
  Deficiency) (beginning July 1, 2008);
(13) Methylmalonic Acidemia (Cbl A and B)
  (beginning July 1, 2008);
(14)
  Multiple Carboxylase Deficiency (beginning July 1, 2008);
(15) Propionic Acidemia (beginning July 1,
  2008);
(16) Severe Combined Immune
  Deficiencies (beginning 45 days after the effective date of this regulation)
(17) Tyrosinemia (beginning July
  1, 2008);
(18) Trifunctional
  Protein Deficiency (beginning July 1, 2008);
(19) Very Lng-chain Acyl-CoA Dehydrogenase
  Deficiency (beginning July 1, 2008);
(20) 3-Hydroxy 3-Methyl Glutaric Aciduria
  (beginning July 1, 2008); and
(21)
  3-Methylcrotonyl-CoA Carboxylase Deficiency (beginning July 1, 2008).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-004 - SPECIMEN COLLECTION

Current through June 17, 2024
004.01
SPECIMEN REQUIREMENTS.
004.01(A) The specimen requirements of the
  testing laboratory for each specific analyte must be followed. The testing
  laboratory must accept only specimens that are dried blood spots that have been
  collected on the form approved by the Department to be used for all Nebraska
  births.
004.01(B) Collection of
  dried blood spot specimens must comply with the Clinical and Laboratory
  Standards Institute (CLSI) "Blood Collection on Filter Paper for Newborn
  Screening Programs; Approved Standard", most current edition. Heel stick with
  direct application is the preferred method. The submitter must forward the
  dried blood spots to the testing laboratory within 24 hours of specimen
  collection. On weekends and holidays if no transport service is available, the
  next earliest available transport service must be used.
004.01(C) Umbilical cord blood must not be
  used.
004.01(D) Urine must not be
  substituted for blood specimens.
004.01(E)
COLLECTION AND
  REPORTING FORM.
The Collection and Reporting Form approved by the
  Department must be the sole method of form attached to the filter paper
  collection device for dried blood spot specimen collection for all newborn
  screening.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-006 - HOSPITAL OR OTHER SUBMITTER DUTIES

Current through June 17, 2024
006.01
COLLECTION AND REPORTING FORM.
The hospital or other
  submitter designate by the newborn's attending physician must complete all
  information and collect the specimen on the Department approved collection and
  reporting form. The hospital or other submitter must retain the designated copy
  for inclusion into the newborn's medical record and send the remaining copies
  to the testing laboratory designated by the Department within 24 hours after
  specimen collection.
006.02
NO SPECIMEN COLLECTED.
The hospital or other submitter
  designated by the newborn's attending physician must immediately notify the
  newborn's physician or designee by telephone and in writing if the newborn was
  discharged before a screening sample was collected, and document this
  notification in the newborn's medical record.
006.03
NO TEST
  RESULTS.
The birthing hospital or facility must maintain a
  monitoring mechanism to track results for all births occurring at or en route
  and admitted to their facility. If test results are not received by the
  hospital or other submitter within 10 days after the specimen was submitted to
  the testing laboratory, the hospital or other submitter must immediately
  contact the testing laboratory to determine if the testing laboratory received
  the specimen and performed the appropriate analyses, and document this contact
  in the newborn's medical record.
006.03(A) If
  the testing laboratory did not receive a specimen, the hospital or other
  submitter must immediately notify the physician by telephone and in writing,
  and document this notification in the newborn's medical record.
006.03(B) If the testing laboratory did
  receive the specimen and completed the appropriate analyses, a duplicate report
  must be obtained and placed in the newborn's medical record.
006.03(C) If the testing laboratory did
  receive the specimen but has not yet performed the appropriate analyses, the
  hospital or other submitter must immediately notify the Nebraska Newborn
  Screening Program (NNSP).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-008 - BIRTHS NOT ATTENDED BY A PHYSICIAN

Current through June 17, 2024
In the event a birth is not attended by a physician, the person
	 registering the birth (who may be the parent) must ensure that:
(A) The newborn has a newborn screening blood
  spot specimen collected as set out in 181 NAC 2-005.01 (between 24 and 48 hours
  of birth);
(B) The specimen is
  submitted to the testing laboratory designated by the Department as set out in
  181 NAC 2-006.01 (within 24 hours of collection); and
(C) In response to a positive screening
  result, a confirmatory specimen is submitted to a testing laboratory in
  accordance with 181 NAC 2-005.04 within 48 hours of receipt of the newborn
  screening result.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-009 - ENFORCEMENT

Current through June 17, 2024
Enforcement will be as outlined in Neb. Rev. Stat. §§
									71-519
	 through
	 71-524.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 2 - SCREENING OF INFANTS FOR INHERITED AND CONGENITAL INFANT OR CHILDHOOD-ON-SET DISEASES › Section 181-2-010 - LABORATORY COLLECTION AND REMITTANCE OF FEES

Current through June 17, 2024
There is hereby assessed a fee of $20 for each infant screened for the
	 diseases specified in 181 NAC
	 2-003. The laboratory conducting the
	 tests for such diseases must collect a fee of $20 per infant screened, and
	 submit the amounts collected to the Department for credit to the Department of
	 Health and Human Services Cash Fund on a monthly basis.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 3 - ADMINISTRATIVE APPEAL PROCEDURES FOR APPLICANTS, FOOD VENDORS AND LOCAL AGENCIES PARTICIPATING IN SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC PROGRAM) AND THE COMMODITY SUPPLEMENTAL NUTRITION PROGRAM (CSFP) IN THE STATE OF NEBRASKA › Section 181-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations implement Nebraska Revised Statutes (Neb. Rev. Stat.)
	 §§
									71-2225
	 to
	 71-2230.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 3 - ADMINISTRATIVE APPEAL PROCEDURES FOR APPLICANTS, FOOD VENDORS AND LOCAL AGENCIES PARTICIPATING IN SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC PROGRAM) AND THE COMMODITY SUPPLEMENTAL NUTRITION PROGRAM (CSFP) IN THE STATE OF NEBRASKA › Section 181-3-002 - DEFINITIONS

Current through June 17, 2024
Definitions in 7 Code of Federal Regulations Part 246 and the following
	 definitions apply to this chapter.
002.01
APPLICANT.
A
  person or entity making application to the Department to participate in the
  Special Supplemental Food Program for Women, Infants and Children (WIC
  Program), the Commodity Supplemental Food Program (CSFP) or both, as an
  approved food vendor or local agency.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 181 - SPECIAL HEALTH PROGRAMS › Chapter 3 - ADMINISTRATIVE APPEAL PROCEDURES FOR APPLICANTS, FOOD VENDORS AND LOCAL AGENCIES PARTICIPATING IN SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC PROGRAM) AND THE COMMODITY SUPPLEMENTAL NUTRITION PROGRAM (CSFP) IN THE STATE OF NEBRASKA › Section 181-3-003 - HEARING

Current through June 17, 2024
An applicant whose application is denied based on vendor selection
	 criteria for minimum variety and quantity of authorized supplemental foods, a
	 vendor whose authorization is denied based on a determination that the vendor
	 is attempting to circumvent a sanction or whose contract is terminated for
	 cause, or a vendor that is disqualified or has a fine or civil money penalty
	 imposed in lieu of disqualification may request a hearing before the
	 Department.
003.01
ACTIONS
  NOT SUBJECT TO HEARING.
The actions listed in
  7 CFR
  246.18(a)(iii) are not
  subject to being reviewed in a hearing. An applicant may request an abbreviated
  administrative review for those actions listed
  7 CFR §
										246.18 except as otherwise
  provided.