reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 473 - SOCIAL SERVICES FOR THE AGED AND DISABLED › Chapter 4 - DEFINED SERVICES › Section 473-4-002 - ADULT DAY SERVICES

Current through June 17, 2024
This section contains material governing adult day services as
	 follows:
(A) The authorization and
  provision of adult day services; and
(B) The evaluation of adult day services.
002.01
DAY SERVICES
  DEFINITIONS.
The following definitions apply to adult day
  services:
002.01(A)
ADULT DAY
  SERVICES, HOME OR CENTER.
A program of structured and monitored
  social, manual, physical, and intellectual services or activities provided for
  a minimum of three hours per day. These services are provided in a supervised
  setting in either a day services home or a center outside a recipient's own
  home. Adult day services is directed toward adults who do not require 24 hour
  institutional care and yet, because of physical or mental impairment or social
  isolation, require services in a group setting.
002.01(A)(i)
ADULT DAY SERVICES
  CENTER.
A facility meeting established standards that provides
  supervision and activities for four or more adults away from the recipient's
  home.
002.02(A)(ii)
ADULT DAY SERVICES HOME.
A facility meeting established standards
  that provides supervision and activities for fewer than four adults away from
  the recipient's home.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 473 - SOCIAL SERVICES FOR THE AGED AND DISABLED › Chapter 4 - DEFINED SERVICES › Section 473-4-003 - HOME-DELIVERED AND CONGREGATE MEALS SERVICE

Current through June 17, 2024
This section contains material which governs:
(A) The authorization and provision of home
  delivered and congregate meals; and
(B) The evaluation and approval of meal
  providers.
003.01
MEALS SERVICE NEED.
Meals service is not provided based on the
  demand of the recipient. Any individual receiving meals service must have a
  defined need for the service in order to meet eligibility requirements. Need
  for a service implies that the provision of that service will assist the
  recipient in achieving program goals.
003.02
MEALS SERVICE DEFINITIONS.
The following definitions apply:
003.02(A)
CONGREGATE MEALS.
Meals prepared and served at a dining facility outside of the
  recipient's residence.
003.02(B)
HOME-DELIVERED MEALS.
Meals that are prepared outside
  of the recipient's residence and delivered to their residence. The residence
  must be an independent living arrangement.
003.02(C)
MEAL.
A
  variety of properly prepared foods containing one-third of the minimum daily
  nutritional requirements for adults.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 473 - SOCIAL SERVICES FOR THE AGED AND DISABLED › Chapter 4 - DEFINED SERVICES › Section 473-4-004 - HOMEMAKER SERVICE FOR ADULTS

Current through June 17, 2024
This section contains material which governs:
(1) The authorization and provision of
  homemaker; and
(2) The evaluation
  and approval of homemaker providers
004.01
HOMEMAKER DEFINITION FOR
  ADULTS.
Homemaker services is not provided based on the demand of
  the recipient. The instruction provided by the homemaker must maintain or
  strengthen the recipient's capacity to function in the most independent living
  situation possible.
004.02
HOMEMAKER TASKS.
Recipients approved for homemaker
  services receive assistance with the following tasks:
(A) Organization of household activities and
  time management;
(B) Management,
  maintenance, arrangement, cleaning, and care of home appliances, equipment,
  eating utensils, furniture, and supplies;
(C) Obtaining, storing, planning, preparing,
  and serving nutritious food for self or family;
(D) Management, supervision, training, and
  proper care of infants, children, or incapacitated family members;
(E) Obtaining and properly caring for
  clothing, household supplies, and sundry needs of self or family;
(F) Maintenance of sanitation within the
  home;
(G) Maintenance of personal
  hygiene and health practices for self and family members, if
  applicable;
(H) Obtaining any
  necessary medical care and treatment;
(I) Management and proper use of income and
  resources; and
(J) Maintaining
  proper relationships and communication with family members.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 473 - SOCIAL SERVICES FOR THE AGED AND DISABLED › Chapter 5 - ADULT FAMILY HOMES › Section 473-5-001 - INTRODUCTION TO ADULT FAMILY HOMES

Current through June 17, 2024
This section contains material which relates to:
(A) Recruitment, evaluation, and approval of
  adult family homes; and
(B)
  Providing case management services for all adult family home guests .
001.01
DEFINITIONS.
The following definitions apply:
001.01(A)
ADULT FAMILY
  HOME.
An adult family home is a residential living unit certified
  by the Department to provide full-time residence and minimal supervision and
  guidance to not more than three guests age 19 or older. Service includes room
  and board with meals, standard furnishings, equipment, household supplies,
  laundry service, and facilities to ensure client comfort.
001.01(B)
ADULT FAMILY HOME
  GUEST.
An adult family home guest is a resident, age 19 or older,
  whose needs are most appropriately met in an adult family home.
001.01(C)
ADULT FAMILY HOME
  SPONSOR.
An adult family home sponsor is an adult, age 19 or
  older, who manages and provides caretaker responsibilities in an adult family
  home. The sponsor accepts responsibility for maintaining the facility and
  meeting the needs of the guests.
001.01(D)
SUPERVISION.
Each sponsor defines supervision for his or her home
  by indicating acceptable guest conditions on the adult family home
  application.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This Title describes the policies and procedures of the Nebraska
	 Department of Health and Human Services, hereinafter,"the Department," for
	 administering Social Services described in Nebraska Revised Statute (Neb. Rev.
	 Stat.) §
									68-1202
	 for families and children. Federal funds are available for programs meeting the
	 federal requirements of Title XX of the Social Security Act dealing with Social
	 Service Block Grants funds .
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-002 - DEFINITIONS

Current through June 17, 2024
The following definitions apply:
002.01
ADVERSE
  ACTION.
A determination by the Department that services provided
  to a recipient will be reduced or terminated.
002.03.
EMANCIPATED
  MINOR.
A child age 18 or younger is emancipated if the child is
  married or has moved away from the parent's home and is
  self-supporting.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-003 - APPEALS

Current through June 17, 2024
Every recipient or applicant has the right to appeal for a fair hearing
	 in the following circumstances :
(A)
  The Department has determined the applicant is not eligible to receive program
  services ;
(B) The Department
  denies a requested service ;
(C)
  The Department determines a recipient's services will be reduced or terminated;
  or
(D) Inaction on an applicant or
  recipient's request for services .
003.01
EXCEPTION.
An
  applicant or recipient is not entitled to a fair hearing when either state or
  federal law requires automatic case adjustments for classes of individuals
  unless the reason for an individual appeal is incorrect eligibility
  determination.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-004 - APPLICATIONS

Current through June 17, 2024
Any Nebraska resident may contact the Department by telephone, in
	 writing or in person to obtain information, explore eligibility or to apply for
	 services on the person's own behalf or as an authorized representative of
	 another person. Applications may be submitted in person, by mail, by fax or by
	 electronic submission. An applicant must submit a completed, signed and dated
	 application on an approved Department form. An applicant may request assistance
	 from the Department when filling out an application.
004.01
INTERVIEWS.
An applicant must participate in an interview as part of the initial
  eligibility determination. Interviews may be conducted face-to-face or
  telephonically. The Department determines if a face-to-face interview is
  necessary. If an applicant is unable to participate in a face-to-face interview
  in a local office, the Department and the applicant will discuss a mutually
  acceptable time and place for an interview such as a hospital, a senior or
  community center or the applicant's home. At least one of the following must
  attend the interview:
(A) An adult
  applicant;
(B) The applicant's
  legal guardian or conservator; or
(C) An adult representing the
  applicant.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-005 - ELIGIBILITY

Current through June 17, 2024
Only Nebraska residents are eligible for program services. Recipients
	 must be United States citizens or qualified aliens as defined in Neb. Rev.
	 Stat. §
									4-111
	 and sign an attestation form verifying lawful presence in the United States.
	 The Department must be able to verify the recipient's status.
005.01
ELIGIBILITY BASED ON
  FAMILY SIZE.
The Department considers an applicant's family size
  in determining eligibility for services. A family is a unit consisting of one
  or more adults, age 19 or older, and any children related by blood, marriage,
  or adoption who reside in the same household. An unborn is included if proof of
  pregnancy is provided. Foster children may be included when determining the
  size of the foster family. The following are considered separate families:
(A) Unmarried adults who reside
  together;
(B) Children living with
  non-legally responsible relatives;
(C) Emancipated minors;
(D) Minor parents; and
(E) Biological parents or usual caretakers
  with a child in substitute care and children, if any residing in the
  home.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-006 - VERIFICATION

Current through June 17, 2024
To determine initial and ongoing eligibility, the Department may need
	 to verify information provided by the applicant or recipient. The applicant or
	 recipient must cooperate with the verification process. Failure to cooperate
	 with verification may result in services being denied or reduced, termination
	 from the program and establishment of an overpayment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-007 - PARENTS OF DEPARTMENT WARDS OR TRIBAL WARDS

Current through June 17, 2024
The parent of a child who is a ward of the Department or the parent of
	 a tribal ward who attests the parent is unable to receive homemaker or
	 transportation services from the tribe, is eligible for services without regard
	 to income if the plan is to reunify the family or maintain the child in the
	 home of the parent and the following conditions are met:
(A) One of the following applies:
(i) The parent is not eligible as low
  income;
(ii) The parent is not
  willing to be determined eligible as low income; or
(iii) Due to the circumstances of the case,
  it is not possible for the worker to make an eligibility determination
  regarding income;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-009 - RELATIVES AS PROVIDERS

Current through June 17, 2024
The Department discourages authorization of providers who are related
	 to the applicants or recipients. Before considering a relative as a provider,
	 the Department must determine that the relative would not donate services to
	 the applicant or recipient at no cost. Relative providers may receive social
	 service reimbursement only if:
(A) The
  recipient for whom services are provided is not the provider's minor child,
  spouse or other legal dependent; and
(B) No other provider is available;
  or
(C) The relative provider's rate
  is significantly less than that of any other available provider.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-010 - DUTY TO CONTACT THE DEPARTMENT

Current through June 17, 2024
The applicant or recipient must contact the Department when:
(A) The applicant or recipient's situation
  has changed such as an address change, a change in family composition or change
  in health;
(B) The applicant or
  recipient is dissatisfied or experiencing problems with the service delivery
  plan; or
(C) When instructed to do
  so.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-011 - NOTICES FROM THE DEPARTMENT

Current through June 17, 2024
The Department notifies the applicant or recipient in writing
	 when:
(A) An applicant is determined
  eligible or ineligible for social services;
(B) A recipient is found eligible or
  ineligible at the time of verification or redetermination; or
(C) A requested service is denied or provided
  services are to be changed, reduced or terminated.
011.01
NOTICE NOT
  REQUIRED.
A written notice to the applicant or recipient is not
  required when:
(A) The applicant or recipient
  reports services are no longer required and requests that the case be
  closed;
(B) The Department learns
  the applicant or recipient has died;
(C) The applicant or recipient is committed
  to an institution or admitted to a nursing home on a long-term basis;
(D) The applicant or recipient's whereabouts
  are unknown;
(E) The Department has
  verified services are being receives through another local office; or
(F) An authorization period is ending and the
  recipient has not acted upon a request for redetermination
  information.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-012 - ASSIGNMENT OF PAYEE, GUARDIANSHIP OR CONSERVATOR STATUS

Current through June 17, 2024
No employee of the Department shall serve as a protective payee,
	 guardian or conservator for any recipient when the employee
(A) Determines eligibility;
(B) Authorizes services;
(C) Provides direct service; or
(D) Has any other professional relationship
  which may be considered a conflict of interest.
012.01
DEPARTMENT EMPLOYEE AS
  PROTECTIVE PAYEE.
A service worker may act as protective payee for
  a recipient only if the employee does not determine eligibility for a
  categorical program for that recipient. All other community resources must be
  explored before a services worker may accept the payee
  assignment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-013 - ELIGIBILITY REDETERMINATION

Current through June 17, 2024
The Department reviews each recipient's plan and needs at least once
	 every 12 months or whenever necessary as circumstances change. The Department
	 completes a redetermination of eligibility when information is obtained about
	 changes in the recipient's circumstances that may change eligibility for
	 services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-014 - SERVICE PROVIDERS

Current through June 17, 2024
This section contains definitions, requirements and standards used in
	 evaluating and approving providers who wish to enroll and provide services
	 through this Program.
014.01
DEFINITIONS.
The following definitions apply:
014.01(A)
PROVIDER IDENTIFICATION
  NUMBER.
A nine-digit Federal Identification number or a nine-digit
  Social Security number following by two-digit suffix code.
014.01(B)
SERVICE PROVIDER
  ENROLLMENT FORM.
A document whereby the provider indicates
  willingness to participate in the program and provide services to recipients.
  The enrollment form describes the services to be provided, the agreed upon
  unit(s) and the unit rate(s) for the each provider. The provider's
  responsibilities are stated in the enrollment form.
014.01(C)
SUBCONTRACTING.
When a service provider pays someone
  other than a provider's employee to provide the contracted service .
014.01(D)
TWO-DIGIT SUFFIX
  CODE.
Two identifying numbers attached to the Federal
  Identification number of providers who share the same Federal Identification
  number due to affiliation with a larger agency.
014.02
FACE-TO-FACE
  INTERVIEW.
A face-to-face interview is required of each potential
  provider.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 1 - GENERAL PROGRAM REQUIREMENTS. › Section 474-1-015 - DEFINED SERVICES

Current through June 17, 2024
This section discusses the allowable homemaker services for eligible
	 recipients.
015.01
HOMEMAKER SERVICES.
Services are not provided based
  upon on the demand of the applicant or recipient. The services provided by the
  homemaker must maintain or strengthen the family's capacity to function as
  independently as possible.
015.01(A)
HOMEMAKER GOALS.
The goals of Homemaker Services for
  Families are:
(i) Achieving or maintaining
  economic self-support to prevent, reduce or eliminate dependency;
(ii) Achieving or maintaining
  self-sufficiency, including reduction or prevention of dependency;
  and
(iii) Preventing or remedying
  neglect, abuse or exploitation of children unable to protect their own
  interests.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 2 - PROTECTION FROM DOMESTIC VIOLENCE SERVICES › Section 474-2-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations implement the Protection from Domestic Abuse Act set
	 forth in Neb. Rev. Stat. §§
									42-901
	 to
	 42-931.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH › Chapter 2 - PROTECTION FROM DOMESTIC VIOLENCE SERVICES › Section 474-2-002 - SERVICES

Current through June 17, 2024
The Department will provide the services required by the Protection
	 from Domestic Abuse Act and administer those services in accordance with Neb.
	 Rev. Stat. §§
									42-901
	 to
	 42-931.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-001 - GENERAL POLICIES

Current through June 17, 2024
The Supplemental Nutrition Assistance Program is a federal low income
	 nutrition program established by Title 7 of the United States Code (U.S.C.)
	 Chapter 51. The program is managed by the Food and Nutrition Service (FNS) of
	 the United States Department of Agriculture (USDA) which has promulgated
	 federal regulations found at 7 CFR §§ 271-285 governing the
	 administration of the Program. Nebraska participates in the Supplemental
	 Nutrition Assistance Program as authorized by Nebraska Revised Statute (Neb.
	 Rev. Stat.) §§
									68-1017
	 - 1017.02
001.01
PURPOSE.
The purpose of the Supplemental Nutrition
  Assistance Program is to:
(A) Safeguard the
  health of the nation's low income families through better nutrition;
(B) Increase the food purchasing power of low
  income families; and
(C) Increase
  the flow of foods from the nation's farms through the normal trade channels.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-002 - PROGRAM DEFINITIONS

Current through June 17, 2024
The following definitions apply to Supplemental Nutrition Assistance
	 Program.
002.01
ABLE
  BODIED ADULT WITHOUT DEPENDENTS.
An individual age 18 through 49
  who lives in a Supplemental Nutrition Assistance Program household which
  includes no children age 17 or younger and is able to work.
002.02
ACCOUNTS
  RECEIVABLE.
Overpayment(s) for the same time frame and reason,
  which the Department groups together into one account.
002.03
ADEQUATE
  NOTICE.
A written notice which contains the following:
(A) The action the Department has taken or
  intends to take;
(B) The reason for
  the intended action;
(C) The
  household's right to request a fair hearing;
(D) The name of a person to contact for
  additional information;
(E) The
  availability of continued benefits; and
(F) The household's liability for
  over-issuances received while awaiting a fair hearing decision which is adverse
  to the household.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-003 - HOUSEHOLD RESPONSIBILITIES

Current through June 17, 2024
The household is informed both verbally and in writing, of its
	 responsibilities. All households must.
(A) Provide accurate and complete
  information;
(B) Obtain needed
  verification materials;
(C)
  Cooperate with state and federal quality control and audit processes;
(D) Provide the Department with the Social
  Security numbers of household members;
(E) Follow the reporting requirements for the
  category the household is assigned to:
(i)
  Simplified Reporting; or
(ii)
  Transitional Benefit Reporting; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-004 - BILINGUAL REQUIREMENTS

Current through June 17, 2024
Based on the estimated total number of low income households in the
	 state which speak the same non-English language, the Department provides
	 bilingual program information, certification materials, and staff or
	 interpreters for the timely processing of non-English-speaking applicants. The
	 Department provides the following:
(A)
  Bilingual materials used for program informational activities for the project
  area with:
(i) Fewer than 2,000 low-income
  households if approximately 100 or more of those households are single-language
  minority households; and
(ii) 2,000
  or more low-income households if approximately five percent or more of those
  households are single-language households; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-005 - RECORDS

Current through June 17, 2024
The following applies to the disclosure and retention of
	 records.
005.01
SAFEGUARDING RECORDS.
Records pertaining to applicants
  and recipients are safeguarded in accordance with
  7 CFR §
										272.1 and Nebraska Revised Statute (Neb. Rev.
  Stat.) §
									68-313.
005.01(A)
DISCLOSURE TO
  HOUSEHOLD.
If there is a written request by a responsible member
  of the household, its currently authorized representative, or any person
  authorized in writing to act in its behalf to review materials contained in the
  case file, the material and information contained in the case file is available
  for inspection during normal business hours. However, the Department may
  withhold confidential information, such as, but not limited to, the names of
  individuals who have disclosed information about the household without the
  household's knowledge, or the nature or status of pending criminal
  prosecutions.
005.01(B)
ELECTRONIC BENEFIT TRANSFER CARD AND ISSUANCE DOCUMENT
  ACCESS.
Access to Electronic Benefits Transfer cards and issuance
  documents is limited to employees of:
(i) The
  Department;
(ii) The Issuance and
  Collection Center; or
(iii) The
  federal government agency which oversees administration of Supplemental
  Nutrition Assistance Program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-006 - FAIR HEARINGS

Current through June 17, 2024
The Department provides a fair hearing to a household that wishes to
	 appeal a Department action or inaction that affects the household's
	 participation, unless the action is not appealable. Actions that are not
	 appealable include actions that reduce, suspend, or cancel benefits
	 program-wide, mass changes that affect the Supplemental Nutrition Assistance
	 Program benefit level, or allotment reductions for failure to pay an
	 outstanding accounts receivable.
006.01
NOTIFICATION OF RIGHT TO
  APPEAL.
The following applies to notifying households of their
  right to appeal.
006.01(A)
AT
  TIME OF APPLICATION.
At the time of application, the household is
  informed in writing of the following:
(i) The
  right to request a fair hearing;
(ii) The method of requesting a fair hearing;
  and
(iii) That the household may
  have its case presented at a fair hearing by:
(1) A household member; or
(2) Any representative chosen by the
  household.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-007 - DISQUALIFICATION HEARINGS

Current through June 17, 2024
The Special Investigations Unit Central Office initiates a
	 disqualification hearing whenever sufficient documentary evidence is
	 established to substantiate that a household member has committed an
	 Intentional Program Violation. The Department informs the household in writing
	 of the disqualification penalties for committing an Intentional Program
	 Violation each time the household applies for benefits. The penalties are
	 listed in clear, prominent, and bold face lettering on the application form or
	 attachment.
007.01
INITIATING DISQUALIFICATION PROCEEDINGS.
Upon
  receiving information that a household may have committed an Intentional
  Program Violation, the Department takes steps to investigate the report and
  determine if disqualification may be warranted.
007.01(A)
REPORTING
  REQUIREMENTS.
The Department reports cases of suspected
  Intentional Program Violation to the Special Investigations Unit, Central
  Office.
007.01(B)
SPECIAL INVESTIGATIONS UNIT GUIDELINES.
The Special
  Investigations Unit considers the following in determining whether to proceed
  with a disqualification hearing or refer the matter for prosecution:
(i) A disqualification hearing may be
  initiated regardless of the current eligibility status of the individual;
(ii) The burden of proving
  Intentional Program Violation by clear and convincing evidence is on the
  Department;
(iii) The Department
  will not initiate a disqualification hearing against an individual whose case
  is currently being referred for prosecution or after any action taken against
  the accused individual by a court, if the factual issues of the case arise out
  of the same, or related, circumstances; and
(iv) The Department will refer for criminal
  prosecution those individuals suspected of committing Intentional Program
  Violation in cases which meet evidentiary standards of state or federal
  criminal statutes.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 1 - GENERAL PROVISIONS › Section 475-1-008 - PROGRAM DISQUALIFICATIONS

Current through June 17, 2024
The following section details criteria that disqualify individuals or
	 households from participating.
008.01
DISQUALIFICATION PENALTIES FOR INTENTIONAL PROGRAM
  VIOLATION.
An individual found to have committed an intentional
  program violation, either through an administrative disqualification hearing or
  by a federal, state, or local court, or who has signed either a waiver of right
  to an administrative disqualification hearing or a disqualification consent
  agreement in cases referred for prosecution, will be disqualified from the
  Supplemental Nutrition Assistance Program as follows, except as otherwise
  provided:
(1) Twelve months for the first
  Intentional Program Violation;
(2)
  Twenty-four months for the second Intentional Program Violation; and
(3) Permanently for the third Intentional
  Program Violation.
008.01(A)
ADDITIONAL INTENTIONAL PROGRAM VIOLATION REGULATIONS.
Only the individual convicted of or found to have committed Intentional Program
  Violation is disqualified, not the participating household. The first month of
  the disqualification will begin no later than the second month which follows
  the date the individual receives notice of the disqualification within 45 days
  of the receipt of the notice informing the household of the disqualified
  individual. The period of disqualification begins regardless of whether or not
  the individual is a member of a participating household. The disqualified
  individual is a financially responsible household member.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 2 - HOUSEHOLD PROCESSING › Section 475-2-001 - Application

Current through June 17, 2024
Application forms are readily accessible to any group, organization, or
	 private citizen who requests them. Every household expressing an interest in
	 receiving Supplemental Nutrition Assistance Program benefits may receive an
	 application on the same day the household contacts the Department.
001.01
APPLICATION
  PROCESS.
The application process is completed no later than 30
  days following the date the application was filed, unless processing is
  delayed. Eligible households are given an opportunity to participate within 30
  days from the date the application was filed. The following steps are included
  in the application process:
(A) The
  individual completes and files an application form;
(B) The application is reviewed to determine
  if the applicant should receive expedited services;
(C) An interview is scheduled and conducted;
  and
(D) Information supplied by the
  applicant is verified.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 2 - HOUSEHOLD PROCESSING › Section 475-2-002 - INTERVIEWS

Current through June 17, 2024
Interviews may be conducted in person or by telephone. Interviews may
	 be conducted at a mutually acceptable location, other than just the household's
	 home, or the Supplemental Nutrition Assistance Program office. Households must
	 have an interview at initial application and at recertification. An applicant
	 may request and receive a face-to-face interview. A face-to-face interview is
	 held if the household requests one or if the Department determines a
	 face-to-face interview is necessary.
002.01
SCHEDULING
  INTERVIEWS.
The interview is scheduled as soon as possible to
  ensure that eligible households receive an opportunity to participate within 30
  days after the application is filed.
002.01(A)
MISSED
  INTERVIEW.
If a household fails to appear for the first interview,
  the household is notified in writing that they missed the scheduled interview.
  The household is responsible for rescheduling the missed interview. If the
  household contacts the local office within 30 days after the application filing
  date, a second interview is scheduled.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 2 - HOUSEHOLD PROCESSING › Section 475-2-003 - VERIFICATION

Current through June 17, 2024
The Department verifies the eligibility information provided by the
	 applicant.
003.01
REQUIRED
  INITIAL VERIFICATION.
Information listed below is verified before
  eligibility can be determined. The exception is that households eligible for
  expedited processing may have all verification postponed for the first issuance
  except identity of the person making the application and the household's
  authorized representative, if applicable.
003.01(A)
REQUIRED
  VERIFICATION.
The following information must be verified:
(i) Identity of the person making application
  and the authorized representative, if applicable;
(ii) Social Security numbers or proof of
  application for Social Security number;
(iii) Residency;
(iv) Alien status for household members
  applying for Supplemental Nutrition Assistance Program benefits;
(v) Eligible student status if claimed;
(vi) Resources if the total amount
  of countable resources indicated on the application is $1500 or more;
(vii) Income; and
(viii) Expenses allowed as a deduction:
(1) Medical expenses and disability if
  claimed;
(2) Dependent care costs;
  and
(3) Child support costs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 2 - HOUSEHOLD PROCESSING › Section 475-2-005 - DELAYS IN APPLICATION PROCESSING

Current through June 17, 2024
If the application is not processed by the end of the
	 30th day, the following applies:
005.01
DELAYS CAUSED BY THE
  HOUSEHOLD.
The household is not entitled to benefits for the
  application month when the delay is the household's fault. If the household
  later cooperates with the application processing, benefits are prorated back to
  the date the household took the required action to establish eligibility. The
  following are considered the household's fault:
(A) Failing to complete the application
  form;
(B) Failing to provide
  complete verification;
(C) Missing
  a scheduled interview; and
(D)
  Failing to reschedule a missed interview within 30 days of the application
  date.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 2 - HOUSEHOLD PROCESSING › Section 475-2-006 - DENIALS DUE TO HOUSEHOLD'S FAILURE TO APPEAR FOR INTERVIEWS

Current through June 17, 2024
When the household fails to appear for a scheduled interview, the
	 application will be denied if the household fails to contact the office to
	 reschedule the second interview within 30 days of the application filing date.
	 If the household fails to appear for a second interview, the application is
	 denied.
006.01
REFUSAL TO
  COOPERATE.
In situations where the household is able to cooperate
  but clearly demonstrates that it will not take the actions required to complete
  the application process, then the application is denied at the time of the
  refusal. However, if someone outside the household, such as an employer, fails
  to cooperate with a request for verification, then the application will not be
  denied based upon the third party's refusal. Non-household members or
  disqualified household members are not considered persons "outside" the
  household for the purpose of this section.
006.01(A)
QUALITY CONTROL REVIEW
  REFUSAL TO COOPERATE.
If a household's case is closed for refusal
  to cooperate with a:
(i) State Quality
  Control Review, the household may reapply but it is ineligible until:
(1) It cooperates with Quality Control
  Review; or
(2) 115 days after the
  review period ends.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-001 - NONFINANCIAL ELIGIBILITY STANDARDS

Current through June 17, 2024
This section outlines the nonfinancial eligibility standards for
	 Supplemental Nutrition Assistance Program. These include
(A) Identity;
(B) Residency;
(C) Citizenship/alien status;
(D) Work requirement;
(E) Student status;
(F) Social Security number;
(G) Drug felon status;
(H) Striker status; and
(I) Household composition
001.01
IDENTITY.
To
  be eligible, the individual making application must prove the applicant's
  identity. The Department verifies the identity of the applicant. When an
  authorized representative applies on behalf of a household, the identity of
  both the authorized representative and the head of the household will be
  verified.
001.01(A)
VERIFICATION
  OF IDENTITY.
The Department:
(i)
  Verifies identity through readily available documentary evidence or, if this is
  unavailable, through a collateral contact; and
(ii) Accepts any documents which reasonably
  establish the applicant's identity.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-002 - FINANCIAL ELIGIBILITY

Current through June 17, 2024
This section discusses financial eligibility criteria including how to
	 treat resources and income in determining eligibility for Supplemental
	 Nutrition Assistance Program.
002.01
RESOURCES.
All households must comply with the
  resource eligibility standard to establish or continue eligibility. The
  household's available resources at the time the household is interviewed are
  used to determine eligibility. If the Department discovers a resource that was
  not reported at the time of the interview, then the resource will be counted in
  the application month. Resources acquired after the interview date are
  considered in subsequent months.
002.01(A)
RESOURCE ELIGIBILITY STANDARD.
All resources which are
  not specifically excluded or exempt are considered in determining eligibility.
  This includes nonrecurring lump sum payments in the month received. If a
  household exceeds the maximum resource limit, its application will be denied or
  its participation terminated. To be eligible, the value of a household's
  resources cannot exceed:
(1) $2,250;
  or
(2) $3,500 for a household which
  consists of or includes a member who is disabled or elderly.
002.01(A)(i)
RESOURCES OF PUBLIC
  ASSISTANCE PROGRAM RECIPIENTS.
The resources of any household
  member who receives an Aid to Dependent Children Program, Supplemental Security
  Income, State Disability Program, or Assistance to the Aged, Blind, or Disabled
  Program payment are excluded. All resources are excluded for categorically
  eligible households.
002.01(A)(ii)
EXPANDED RESOURCE PROGRAM RESOURCES.
Total liquid
  resources of $25,000 or less are excluded for Expanded Resource Program
  households. Liquid resources include cash on hand and funds in personal
  checking and savings accounts, money market accounts and share accounts. All
  non-liquid resources are excluded for Expanded Resource Program
  households.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-003 - ELIGIBILITY COMPUTATIONS

Current through June 17, 2024
After the household's resource eligibility and determination regarding
	 how to treat the household's income has been established, the net monthly
	 income is determined for households which either passed the gross income
	 standards or who are exempt from meeting the gross income standards. This
	 section discusses the process of finding the net monthly Supplemental Nutrition
	 Assistance Program income by outlining deductions, and applying monthly income
	 standards.
003.01
POLICIES
  FOR HANDLING DEDUCTIONS.
The following applies to how deductions
  are used when budgeting.
003.01(A)
DEDUCTIONS.
Deductions are taken after the household's
  earned and unearned income are determined.
003.01(A)(i)
ITEMS NOT
  ALLOWED.
The following expenses will not be allowed as deductions:
(1) An expense covered by an excluded
  reimbursement;
(2) An expense is
  not deductible if:
(a) The expense is for a
  service provided by a household member; or
(b) The household does not make a money
  payment for the service.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-004 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM COOPERATION

Current through June 17, 2024
A natural or adoptive parent must cooperate in good faith with child
	 support enforcement if such parent is receiving Supplemental Nutrition
	 Assistance Program (SNAP) benefits, is living with and exercising parental
	 control over a child under the age of 18, and there is an absent parent. The
	 recipient may claim good cause as an exception to cooperation as set forth in
	 this chapter. Individuals will be notified of this requirement in writing at
	 the time of application and reapplication for continued Supplemental Nutrition
	 Assistance Program (SNAP) benefits.
004.01
DEEMED
  COOPERATION.
If the individual is receiving Temporary Assistance
  for Needy Families (TANF) or Medicaid, or assistance from Nebraska Child
  Support Enforcement, and has already been determined to be cooperating, or has
  been determined to have good cause for not cooperating, the individual is
  considered to be cooperating for Supplemental Nutrition Assistance Program
  (SNAP) purposes.
004.02
REQUIREMENTS AND RESPONSIBILITIES.
The individual must
  cooperate with the State Child Support Agency in establishing paternity of the
  child, and in establishing, modifying, or enforcing a support order with
  respect to the child and the individual.
004.03
FEES FOR SUPPLEMENTAL
  NUTRITION ASSISTANCE PROGRAM (SNAP) RECIPIENTS.
Supplemental
  Nutrition Assistance Program (SNAP) recipients subject to the cooperation
  provisions of this Chapter shall not be required to pay a fee or other cost for
  services provided under Part D of Title IV of the Social Security
  Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-005 - NON-CUSTODIAL PARENT COOPERATION

Current through June 17, 2024
A putative or identified parent who does not live with his or her child
	 who is under the age of 18 must cooperate in good faith with child support
	 enforcement if such parent is receiving Supplemental Nutrition Assistance
	 Program (SNAP) benefits. Individuals will be notified of this requirement in
	 writing at the time of application and reapplication for continued Supplemental
	 Nutrition Assistance Program (SNAP) benefits.
005.01
INDIVIDUAL
  DISQUALIFICATION.
If the Department determines that the
  noncustodial parent has refused to cooperate, then that individual shall be
  ineligible to participate in the Supplemental Nutrition Assistance Program
  (SNAP). Refusal to cooperate is when an individual has demonstrated an
  unwillingness to cooperate as opposed to an inability to cooperate.
005.02
DEEMED
  COOPERATION.
If the individual is receiving Temporary Assistance
  for Needy Families (TANF) or Medicaid, or assistance from Nebraska Child
  Support Enforcement, and has already been determined to be cooperating, or the
  Department has determined an exception applies under
  7 CFR
  273.11 for not cooperating, the individual is
  considered to be cooperating for Supplemental Nutrition Assistance Program
  (SNAP) purposes.
005.03
REQUIREMENTS AND RESPONSIBILITIES.
The individual must
  cooperate with the State Child Support Agency in establishing paternity of the
  child, and in establishing, modifying, or enforcing a support order with
  respect to the child and the individual.
005.04
FEES FOR SUPPLEMENTAL
  NUTRITION ASSISTANCE PROGRAM (SNAP) RECIPIENTS.
Supplemental
  Nutrition Assistance Program (SNAP) recipients subject to the cooperation
  provisions of this Chapter shall not be required to pay a fee or other cost for
  services provided under Part D of Title IV of the Social Security
  Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-006 - GOOD CAUSE

Current through June 17, 2024
In order to show good cause for failing or refusing to cooperate, a
	 recipient must demonstrate that:
(A)
  Cooperation is likely to result in physical or emotional harm to the
  child;
(B) Cooperation is likely to
  result in physical or emotional harm to the custodial party with whom the child
  is living which reduces the capacity to care for the child
  adequately;
(C) The child was
  conceived as a result of incest or forcible rape;
(D) Court proceedings are pending for the
  adoption of the child except in the case of stepparent adoption; or
(E) The custodial party is contemplating
  placing the child for adoption and has been working with an agency for this
  purpose not more than three months.
006.01
NOTICE OF GOOD CAUSE.
Upon receiving notice of a claim
  of good cause for failure to cooperate, all activities to establish paternity
  or secure support will be suspended until the Department makes a final
  determination whether good cause exists. Assistance will not be denied,
  delayed, or discontinued pending a determination of good cause for refusal to
  cooperate if the applicant or recipient has complied with the requirements to
  furnish corroborative evidence and information.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › Chapter 3 - ELIGIBILITY › Section 475-3-007 - CORRABORATING EVIDENCE

Current through June 17, 2024
Within 20 days of claiming good cause for failing or refusing to
	 cooperate, a recipient must provide corroborating evidence. Additional time may
	 be granted in the sole discretion of the Department. Corroborating evidence
	 includes, but is not limited to:
(A)
  Birth certificates, medical records, or law enforcement records that indicate
  that the child was conceived as the result of incest or forcible
  rape;
(B) Court documents or other
  records that indicate that legal proceedings for adoption are
  pending;
(C) Court, medical,
  criminal, child protective services, social services, psychological, or law
  enforcement records that indicate that the alleged father or noncustodial party
  might inflict physical or emotional harm upon the custodial party or the
  child;
(D) Medical records that
  indicate emotional health history and present emotional health status of the
  custodial party or the child, or written statements from a mental health
  professional indicating a diagnosis or prognosis concerning the emotional
  health of the custodial party or the child;
(E) A written statement from a public or
  private agency confirming that the custodial party is being assisted in
  resolving the issue of whether to give up the child for adoption; or
(F) Sworn statements from individuals,
  including but not limited to, friends, neighbors, relatives, clergy, social
  workers, and medical professionals who might have knowledge of the
  circumstances providing the basis of the good cause claim.