reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 26 - SPOUSAL IMPOVERISHMENT MEDICAID PROGRAM (SIMP) › Section 477-26-004 - INCOME

Current through June 17, 2024
004.01
EFFECTIVE
  DATES.
Spousal impoverishment Medicaid program (SIMP) budgeting
  procedures begin the first month, including a partial month, in which an
  eligible spouse enters an institutional living arrangement. The budgeting
  procedures end the first full month that an institutionalized spouse ceases to
  receive an institutional level of care or when the community spouse no longer
  meets the definition of a community spouse, whichever occurs first.
004.02
ALLOCATION OF
  INCOME
. Only the income of the institutionalized spouse is used
  to determine whether any cost sharing amount is due to the provider. The income
  of a community spouse is not considered available to the institutionalized
  spouse. Some of the income of the institutionalized spouse may be allocated to
  the community spouse and dependent family members. The amount that may be
  allocated is determined in accordance with the procedures in this
  chapter.
004.03
DETERMINING OWNERSHIP OF INCOME.
All income must be
  verified to determine the amount of the income and the individual to whom the
  income is due. Income is considered to be owned by the person legally entitled
  to receive it. Ownership of income may be appealed.
004.03(A)
MULTIPLE
  OWNERS.
When a source of income is payable to more than one party,
  the following rules apply:
(i) If payment is
  made payable to both spouses, one-half is considered available to each
  spouse;
(ii) Income must be divided
  by the number of payees if payment is made payable to one or both spouses and a
  third party;
(iii) Only the
  spouse's proportionate share is considered available to that spouse;
(iv) If income is paid to one spouse and a
  third party but the verification reveals that the income is intended for both
  spouses, both spouses must be included in the division to determine the
  proportionate share; and
(v) If
  income does not specify either spouse, one-half of the amount is considered
  available to each spouse.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations are promulgated under the authority of the Medical
	 Assistance Act, Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									68-901
	 et seq.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-003 - QUALIFIED DISABLED AND WORKING INDIVIDUALS

Current through June 17, 2024
Individuals who were receiving Retirement, Survivors, Disability
	 Insurance (RSDI) disability benefits and return to work, but remain disabled,
	 may continue to be entitled to Medicare Part A at no cost for 48 months. The
	 Omnibus Budget Reconciliation Act of 1989 allows these individuals, at the end
	 of 48 months, to enroll in Medicare Part A and pay a premium. The act also
	 requires state Medicaid programs to purchase Medicare Part A premiums for these
	 individuals. To be eligible for this program, an individual must meet all of
	 the following requirements.
003.01
AGE.
To be eligible for the payment of the Medicare
  premium, an individual must be 64 years old or younger.
003.02
DISABILITY.
To be eligible for the payment of the Medicare premium, an individual must
  continue to have a disabling impairment as determined by the Social Security
  Administration (SSA). The Social Security Administration (SSA) has the
  responsibility to verify periodically that the disability continues. If the
  Social Security Administration (SSA) determines through a continuing disability
  review that the individual is no longer disabled, the Department is notified
  and eligibility ceases. If the individual voluntarily withdraws from Medicare
  Part A premium coverage, then eligibility ceases.
003.03
INCOME.
To be
  eligible for the Qualified Disabled and Working Individuals benefit, the unit
  must have income above 100%, but at or below 200% of the Federal Poverty Level
  (FPL). In determining countable income, the amount of medical insurance
  premiums is not allowed.
003.04
RESOURCES.
The resource limit for the program is four
  thousand ($4,000) for an individual or six thousand ($6,000) for a
  couple.
003.05
NOT
  OTHERWISE ELIGIBLE.
An individual eligible as a Qualified Disabled
  and Working Individual cannot be eligible for any other Medicaid
  program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-004 - MEDICARE BUY-IN

Current through June 17, 2024
The Medicare buy-in programs assist those eligible for both Medicare
	 and Medicaid cover the costs of Medicare.
004.01
ELIGIBILITY
  REQUIREMENTS.
The eligibility requirements of the Medicare buy-in
  programs are listed below. Specific requirements vary according to the program.
  An individual must:
(A) Be a resident of
  Nebraska;
(B) Be a United States
  citizen or qualified non-citizen;
(C) Receive, or be eligible to receive,
  Medicare benefits; and
(D) Meet the
  income and resource requirements of the program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-005 - MEDICAID INSURANCE FOR WORKERS WITH DISABILITIES (MIWD)

Current through June 17, 2024
Individuals who meet the necessary disability criteria, have income
	 within income guidelines, and are working may be eligible for Medicaid
	 Insurance for Workers with Disabilities (MIWD). An individual may be eligible
	 for Medicaid Insurance for Workers with Disabilities (MIWD) in either the Basic
	 Coverage Group or the Medical Improvement Group, as defined by The Ticket to
	 Work and Work Incentives Improvement Act (TWWIIA) of 1999. After application of
	 income disregards, individuals with income less than 200% of the Federal
	 Poverty Level (FPL) are eligible for Medicaid with no premium; individuals with
	 incomes of 200, but less than 250 % of the Federal Poverty Level (FPL) are
	 eligible for Medicaid with a monthly premium payment.
005.01
TICKET TO WORK AND WORK
  INCENTIVES IMPROVEMENT ACT (TWWIIA) BASIC COVERAGE GROUP ELIGIBILITY
  REQUIREMENTS.
In order to receive Medicaid in the Basic Coverage
  Group, the individual must meet the requirements below:
005.01(A)
AGE.
An
  individual must be at least 16, but less than 65 years old.
005.01(B)
DISABILITY.
An individual must be determined disabled
  by the Social Security Administration (SSA) or state review team (SRT). This
  determination is made without regard to earnings.
005.01(C)
EARNED
  INCOME.
Participants must have earned income, which includes
  self-employment.
005.01(D)
INCOME LIMIT.
Combined countable earned and unearned
  income of the household is more than 100%, but less than 250% of the Federal
  Poverty Level (FPL).
0050.1(E)
RESOURCE LIMIT.
Countable resources are no more than
  $4,000 for an individual or $6,000 for a couple.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-006 - BREAST AND CERVICAL CANCER PROGRAM

Current through June 17, 2024
Under the Breast and Cervical Cancer Prevention and Treatment Act of
	 2000, certain individuals who need treatment for breast or cervical cancer may
	 be eligible for Medicaid. Neb. Rev. Stat. section §
									68-1020
	 authorizes this coverage in Nebraska.
006.01
ELIGIBILITY
  REQUIREMENTS.
In order to receive Medicaid, the individual must:
(A) Be screened for breast and cervical
  cancer by Every Woman Matters;
(B)
  Be found to need treatment for breast or cervical cancer, including a
  precancerous condition or early stage cancer;
(C) Be 64 years old or younger;
(D) Not be otherwise eligible for any
  category of Medicaid;
(E) Not be
  covered by creditable health insurance;
(F) Be a Nebraska resident; and
(G) Be a United States citizen or a qualified
  non-citizen.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-007 - MEDICALLY NEEDY

Current through June 17, 2024
Parents or caretaker relatives, children, pregnant women, and aged,
	 blind, or disabled (ABD) individuals with a medical need and high medical
	 expenses whose income exceeds the guidelines for Medicaid eligibility in
	 another eligibility category may be eligible as medically needy if all other
	 eligibility requirements are met. A medically needy individual must incur and
	 obligate a certain amount of medical expenses each month before Medicaid will
	 provide coverage for the rest of the month. These medical expenses must be at
	 least equal to the difference between the individual's income and the
	 applicable income standard. The share of cost obligation varies depending on
	 the individual's household size and income. Each month is determined separately
	 and continuous eligibility does not apply. Individuals without a demonstrated
	 medical need are not eligible under this category.
007.01
AGE.
A
  medically needy child is eligible through age 18 years old if the child is a
  citizen or is a qualified non-citizen.
007.01(A)
EXCEPTION.
A medically needy child may be found eligible under this category if the child
  is receiving inpatient care in an institution for mental disease (IMD). If an
  individual is an inpatient in an institution for mental disease (IMD) when the
  individual reaches 21 years old, the individual may remain eligible either
  until discharge or until reaching 22 years old, whichever comes
  first.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-008 - TRANSITIONAL MEDICAL ASSISTANCE (TMA)

Current through June 17, 2024
008.01
TRANSITIONAL MEDICAL ASSISTANCE (TMA) ELIGIBILITY.
A
  household may receive up to 12 months of Transitional Medical Assistance (TMA)
  if the parent or caretaker relative:
(1) Is in
  the household;
(2) Has earned
  income that results in ineligibility for Medicaid as a parent or caretaker
  relative using modified adjusted gross income (MAGI) methodology; and
(3) Is employed.
008.01(A)
PRIOR ELIGIBILITY
  REQUIREMENT.
The parent or caretaker relative must have received,
  or met income and resource eligibility to receive, a grant or Medicaid for
  which the individual was eligible in three of the last six months preceding
  ineligibility.
008.01(B)
FRAUD EXCLUSION.
The household is ineligible for
  Transitional Medical Assistance (TMA) if it received Medicaid as a parent or
  caretaker relative using modified adjusted gross income (MAGI) methodology in
  one or more of the three qualifying months as a result of convicted fraud
  during the last six months before the beginning of the transitional
  period.
008.01(C)
EFFECTIVE DATE.
Transitional medical assistance (TMA)
  begins with the month of ineligibility for Medicaid as a parent or caretaker
  relative.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-009 - EMERGENCY MEDICAL SERVICES ASSISTANCE (EMSA)

Current through June 17, 2024
Emergency medical services may be provided to certain individuals who
	 do not have a qualified non-citizen status for Medicaid. The individual must be
	 eligible for a category of Medicaid assistance except for citizenship or a
	 qualified non-citizen status. Only coverage for emergency services will be
	 authorized.
009.01
EMERGENCY MEDICAL CONDITION.
An emergency medical
  condition is defined as a medical condition, including emergency labor and
  delivery, manifesting itself by acute symptoms of sufficient severity,
  including severe pain, where the absence of immediate medical attention could
  reasonably result in:
(A) Serious jeopardy to
  the patient's health;
(B) Serious
  impairment to bodily functions; or
(C) Serious dysfunction of any bodily organ
  or part.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 27 - ELIGIBILITY FOR THE AGED, BLIND, AND DISABLED; MEDICALLY NEEDY; QUALIFIED DISABLED WORKING INDIVIDUALS; MEDICAID INSURANCE FOR THE WORKERS WITH DISABILITIES; BREAST AND CERVICAL CANCER; EMERGENCY MEDICAL SERVICES ASSISTANCE; AND KATIE BECKETT › Section 477-27-010 - KATIE BECKETT

Current through June 17, 2024
The Katie Beckett program provides Medicaid coverage to children age 18
	 or younger with severe disabilities who live in their parent's household, but
	 who otherwise would require hospitalization or institutionalization due to
	 their high level of health care needs.
010.01
ELIGIBILITY
  REQUIREMENTS.
In order to receive Katie Beckett Medicaid, a child
  must meet all of the following:
(A) Not be
  eligible for the Supplemental Security Income (SSI) program or eligible for
  Medicaid based on parental income;
(B) Be age 18 or younger;
(C) Reside at home with a parent or legal
  guardian;
(D) Be certified by the
  Department's Central Office designee as having hospital level of care needs;
  and
(E) Not incur in-home service
  costs to be funded by Medicaid that would exceed the costs Medicaid would pay
  if the child were in a hospital setting.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 28 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE, NON-IV-E ADOPTION SUBSIDY, FORMER FOSTER CARE CHILDREN › Section 477-28-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the services provided under Nebraska's
	 Medicaid program as defined by the Medical Assistance Act, Nebraska Revised
	 Statute §
									68-901 et seq.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 28 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE, NON-IV-E ADOPTION SUBSIDY, FORMER FOSTER CARE CHILDREN › Section 477-28-002 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE

Current through June 17, 2024
A child eligible for federally funded assistance through the Title IV-E
	 program is Medicaid eligible. This includes subsidized adoption and subsidized
	 guardianship.
002.01
ELIGIBLE CHILDREN.
A child qualifying for IV-E
  assistance is eligible for Medicaid if:
(A)
  The child is IV-E eligible and is in the custody of the Department or a court
  of competent jurisdiction;
(B) The
  child is in the custody of another state that made the IV-E determination, but
  the child lives in Nebraska; or
(C)
  The child has been determined eligible for IV-E subsidized guardianship or
  adoption assistance by Nebraska, or another state but the child lives in
  Nebraska.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 28 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE, NON-IV-E ADOPTION SUBSIDY, FORMER FOSTER CARE CHILDREN › Section 477-28-003 - CHILDREN ELIGIBLE FOR NON-IV-E ADOPTION

Current through June 17, 2024
A special needs child eligible for non-IV-E subsidized adoption
	 assistance may be Medicaid eligible if he or she meets special needs
	 criteria.
003.01
ELIGIBLE
  CHILDREN.
A child qualifying for non-IV-E subsidized adoption
  assistance is eligible for Medicaid if the following conditions are met:
(A) An adoption agreement, other than an
  agreement under Title IV-E, between the State of Nebraska and the adoptive
  parent(s) is in effect;
(B) The
  Department has determined that the child cannot be placed for adoption without
  Medicaid coverage because of special needs for medical or rehabilitative
  care;
(C) The child meets either of
  the following requirements:
(i) He or she
  would have been eligible for Medicaid before the adoption agreement was entered
  into; or
(ii) He or she would have
  been eligible for Medicaid before the adoption agreement was entered into, if
  the eligibility standards and methodologies of the Title IV-E program were used
  without employing the threshold Aid to Dependent Children (ADC) eligibility
  determination; and
(D)
  The child is under 19 years old.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 28 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE, NON-IV-E ADOPTION SUBSIDY, FORMER FOSTER CARE CHILDREN › Section 477-28-004 - FORMER FOSTER CARE CHILDREN

Current through June 17, 2024
004.01
FORMER FOSTER CARE CHILDREN.
Individuals under 26
  years old who were in foster care in any state and receiving Medicaid when the
  individual became 18 or 19 years old, or such higher age at which the state's
  federal foster care assistance ends.
004.02
INCOME AND
  RESOURCES.
former foster care children are exempt from income and
  resource tests.
004.03
ELIGIBILITY REQUIREMENTS.
In order to receive
  Medicaid, the applicant or client must:
(A) Be
  under 26 years old;
(B) Have been a
  client at 18 years old or such higher age at which the State's foster care
  assistance ends under title IV-E of the Social Security Act;
(C) Have been in foster care in any state at
  18 or such higher age at which the state's foster care assistance ends under
  title IV-E of the Social Security Act; and
(D) Not be enrolled in mandatory Medicaid
  coverage through the Parent and Caretaker Relatives, Pregnant Women, Children,
  or Aged, Blind, and Disabled (ABD) eligibility groups.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 29 - HERITAGE HEALTH ADULT PROGRAM › Section 477-29-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the services provided under Nebraska's
	 Medicaid program as defined by the Medical Assistance Act, Nebraska Revised
	 Statute §§
									68-901
	 et seq.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 29 - HERITAGE HEALTH ADULT PROGRAM › Section 477-29-002 - HERITAGE HEALTH ADULT PROGRAM

Current through June 17, 2024
In order to be eligible for Medicaid under the Heritage Health Adult
	 program, an individual must meet the following eligibility criteria.
002.01
METHODOLOGY AND INCOME
  LIMIT.
Eligibility for the Heritage Health Adult program is
  determined using the modified adjusted gross income (MAGI) methodology. In
  order to be eligible in the Heritage Health Adult program, an individual must
  have household income equal to or less than 133% of the Federal Poverty Level
  (FPL). 477 Nebraska Administrative Code (NAC) 14 through 18 apply to
  eligibility determinations in the Heritage Health Adult program.
002.02
NON-FINANCIAL
  CRITERIA.
In order to be eligible in the Heritage Health Adult
  program, an individual must:
(A) Be age 19 or
  older and under age 65;
(B) Not be
  pregnant;
(C) Not be entitled to or
  enrolled in Medicare part A or B; and
(D) Not be eligible for or enrolled in
  coverage in any of the following groups: parents and caretaker relatives,
  pregnant women, children under age 19, former foster care, individuals
  receiving IV-E assistance, transitional medical assistance (TMA) with or
  without a premium, and Medicaid for the aged, blind, and disabled.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations apply to children who are in the custody of the
	 Department or Tribal Court that has a written agreement with the Department.
	 This regulations set for the provisions for issuing maintenance payments as
	 allowed by Nebraska Revised Statute (Neb. Rev. Stat.) §§
									43-905,
	 43-1511 and Title IV of the Social
	 Security Act. Child welfare payments are administered by the Department in
	 accordance with state laws and the procedures established by the
	 Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-002 - DEFINITIONS

Current through June 17, 2024
The following definitions apply:
002.01
CHILD.
Child
  means a person under the age of 19.
002.02
DEPARTMENT.
Department means the Department of Health and Human Services, Division of
  Children and Family Services.
002.03
DEPARTMENT
  WARD.
Department Ward means a child placed in the custody of the
  Department by law enforcement pursuant to Neb. Rev. Stat. §
									43-250, court order pursuant to
  the Nebraska Juvenile Code or voluntary relinquishment.
002.04
FOSTER CARE.
Foster Care means foster care as defined in Neb. Rev. Stat. §
									71-1901.
002.05
MINOR PARENT.
Minor Parent means a Child who is in the custody of the Department and is also
  a parent.
002.06
STEPPARENT.
Stepparent means any individual legally
  married to a child's parent.
002.07
SUPERVISED INDEPENDENT LIVING.
A setting where the
  Child or Young Adult is living independently. The Child or Young Adult must be
  subject to the supervision of the Department either because the Child is in the
  custody of the Department or the Young Adult is participating in the Bridge to
  Independence program.
002.08
TRIBAL WARD.
Tribal Ward means a Child who is in the
  custody of a Tribal Court that has a written agreement with the Department
  regarding the use of federal Title IV-E funds.
002.09
YOUNG ADULT.
Young Adult means young adult as defined in Neb. Rev. Stat. §
									43-4503.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-003 - GUARDIANSHIP ACCOUNTS

Current through June 17, 2024
When a Child is a Department Ward, the Department will control and
	 administer any assets of the Child pursuant to Neb. Rev. Stat. §
									43-907 and federal law. The
	 Department will establish a guardianship account for the assets and may use the
	 assets of the Child to reimburse the Department for the child's cost of care,
	 if the child's assets are over $1,000. This section does not apply to young
	 adults participating in the Bridge to Independence Program.
003.01
DEPARTMENT AS
  PAYEE.
When a Child placed in the custody of the Department is
  receiving financial benefits from another source, such as the Social Security
  Administration or the Department of Veterans Affairs, steps will be taken to
  have the Department named as the representative payee for those benefits.
003.01(A)
WHEN CHILD TURNS
  18
. When a Child placed in the custody of the Department is 18
  years of age or older, the Child may become the payee of his or her financial
  benefits. If this occurs when the Child is in a Supervised Independent Living
  setting, the Child may keep the financial benefits for personal use.
003.01(B)
NOTICE.
When the Department serves as representative payee for a state ward receiving
  social security benefits, the Department shall provide notice as required by
  Neb. Rev. Stat. §
										43-907.
003.01(C)
REQUESTS FOR
  RECORDS.
When the Department receives a request for accounting
  records or upon the termination of the Department's role as representative
  payee, the Department shall provide accounting records within thirty (30) days
  pursuant to Neb. Rev. Stat. §
										43-907.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-004 - FOSTER CARE MAINTENANCE PAYMENTS

Current through June 17, 2024
Foster care maintenance payments paid by the Department are subject to
	 the provisions in this section.
004.01
FOSTER FAMILY HOME.
When a Child in the custody of the
  Department is placed in Foster Care in a foster family home as defined in Neb.
  Rev. Stat. §
									71-1901, the foster care
  maintenance payment issued on behalf of the Child will be in the amount set by
  the Department's established rate determination tool. The tool will be
  completed in accordance with Department policy.
004.01(A)
FOSTER CARE MAINTENANCE
  PAYMENT AMOUNT.
Foster care maintenance payments are issued the
  month following the care provided.
004.01(A)(i)
FIRST MONTH OF
  PLACEMENT.
For the first month of placement, payment begins from
  the day of placement so long as the Child is a Department Ward. If the Child is
  not in the custody of the Department, a foster care maintenance payment will
  not be issued by the Department for those days.
004.01(A)(ii)
LAST MONTH OF
  PLACEMENT.
No foster care maintenance payment will be issued for
  the last day of the child's placement in the foster home.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-005 - SUPERVISED INDEPENDENT LIVING

Current through June 17, 2024
005.01
NO FOSTER CARE MAINTENANCE PAYMENT.
A Child placed in
  a Supervised Independent Living setting is not considered to be in Foster Care
  and is not eligible for a foster care maintenance payment. This provision does
  not apply to Young Adults.
005.02
STIPEND.
A Child placed in a Supervised Independent
  Living setting is eligible for assistance from the Department in the form of a
  stipend. The amount of the stipend will be determined in accordance with the
  Department's established stipend determination tool. The stipend may be paid
  directly to the Child and will be paid at the beginning of the month for that
  month's care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-006 - PREGNANT OR PARENTING CHILDREN AND YOUNG ADULTS

Current through June 17, 2024
006.01
PREGNANT OR PARENTING
  CHILD.
A child in the custody of the Department who is pregnant or
  parenting is eligible for funding as set forth in this section.
006.01(A)
FOSTER
  CARE.
When the Minor Parent is in Foster Care, the provisions of
  this subsection apply.
006.01(A)(i)
PREGNANT CHILD.
A pregnant Child who is in Foster
  Care, is eligible for a foster care maintenance payment that includes the costs
  of care for her baby during the third trimester of the pregnancy when the
  pregnant Child provides the Department with documentation verifying the baby's
  expected delivery date. The amount paid to cover the costs of a care for the
  baby will be equivalent to the amount paid to a pregnant parent through the
  Department's Temporary Assistance to Needy Families program.
006.01(A)(ii)
MINOR
  PARENT.
A Minor Parent who is in Foster Care is eligible for a
  foster care maintenance payment that includes the costs of care for his or her
  Child when the following criteria are met:
(a)
  The Minor Parent's child is residing with the Minor Parent;
(b) The Minor Parent's child is not in the
  custody of the Department; and
(c)
  The Department is provided documentation verifying that the Minor Parent is the
  mother or father of the child.
006.01(A)(ii)(1)
ADDITIONAL
  CRITERIA FOR FATHER.
When the Minor Parent is the father of the
  Child, the Department must be provided with documentation verifying that the
  paternity of the Child has been established by either: operation of law due to
  an individual's marriage to the mother at the time of conception, birth, or at
  any time during the period between conception and birth of the Child; by
  operation of law pursuant to Neb. Rev. Stat. §
												43-1409; or by order of a court of
  competent jurisdiction.
006.01(A)(iii)
PAYMENT.
The amount paid to cover the costs of care
  for the Minor Parent's Child will be equivalent to the amount that would be
  paid to the Minor Parent, if eligible, through the Department's Temporary
  Assistance to Needy Families program. The additional foster care maintenance
  payment amount may be paid directly to the Minor Parent. Foster care
  maintenance payments under this section will be issued the month following each
  month of eligibility.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-007 - PAYMENT FOR TRANSPORTATION

Current through June 17, 2024
The costs of transportation for a Child in the custody of the
	 Department are included in the foster care maintenance payment. A foster parent
	 may only be reimbursed for the costs of transportation when the provisions of
	 this section are met.
007.01
MILES PER CALENDAR MONTH.
A foster parent may be
  eligible for reimbursement of transportation when the mileage exceeds 100 miles
  per child in a calendar month.
007.02
ELIGIBLE TRANSPORTATION
  COSTS.
To be eligible for reimbursement, the provisions of this
  subsection must be met.
007.02(A)
FOSTER PARENT MILEAGE LOG.
The foster parent must
  provide the Department with a log that identifies the date of transportation,
  the Child for whom transportation was provided, the purpose of the
  transportation and the number of miles for each log entry.
007.02(B)
NECESSITY.
The only transportation miles that may be included in the mileage log and for
  which foster parents may be reimbursed are those miles that the foster parent
  would not have travelled if the Child were not placed in his or her
  home.
007.02(C)
MILEAGE
  PER CHILD.
If more than one Child is placed in the home and being
  transported, the foster parent must keep a separate log for each Child and if
  transportation of more than one Child occurs at the same time, the miles may
  only be included on one of the mileage logs.
007.02(D)
REIMBURSEMENT
  RATE.
The amount of the mileage reimbursement paid to the foster
  parents will be determined in accordance with the Department's established
  mileage payment determination tool.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 1 - MAINTENANCE PAYMENTS AND GUARDIANSHIP ACCOUNTS › Section 479-1-008 - OVERPAYMENTS

Current through June 17, 2024
The Department may take all reasonable steps necessary to correct
	 overpayments. Overpayments may be recouped from any future payments to the
	 individual that received the overpayment, even if the future payments are for a
	 different Child or Young Adult.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This chapter governs guardianship assistance agreements that may be
	 entered into with the Department pursuant to Nebraska Revised Statute (Neb.
	 Rev. Stat.) §
									43-284.02
	 or Title IV-E of the Social Security Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-002 - PRE-EXISTING AGREEMENTS

Current through June 17, 2024
All subsidized guardianship agreements or guardianship assistance
	 agreements executed and the guardianship is finalized prior to the
	 implementation of these regulations are subject to the regulations in place at
	 the time the guardianship was finalized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-003 - DEFINITIONS

Current through June 17, 2024
The following definitions apply:
003.01
GUARDIANSHIP ASSISTANCE
  AGREEMENT.
Guardianship Assistance Agreement means a Nebraska
  Guardianship Assistance Agreement or a Title IV-E Kinship Guardianship
  Assistance Agreement between the Department and the Prospective Guardians to
  assist with the costs of care for the child who is the subject of the
  Guardianship Assistance Agreement.
003.02
MEDICAL
  PROFESSIONAL.
Medical Professional means a physician or advanced
  practice registered nurse (APRN) or physician assistant (PA) when the APRN or
  PA is practicing under the supervision of a physician. A Medical Professional
  must be licensed by the Nebraska Department of Health and Human Services,
  Division of Public Health, or its equivalent in another state, at the time of
  service.
003.03
NEBRASKA GUARDIANSHIP ASSISTANCE AGREEMENT.
A
  Guardianship Assistance Agreement entered into between the Department and the
  Prospective Guardians and the eligibility requirements for Title IV-E Kinship
  Guardianship Assistance have not been met.
003.04
PROSPECTIVE
  GUARDIAN.
The individual or individuals seeking to become the
  court-appointed guardian for the child who would be the subject of a
  Guardianship Assistance Agreement.
003.05
STEPPARENT.
Stepparent means a person who is legally married to a parent of the child who
  is the subject of the guardianship assistance agreement.
003.06
TITLE IV-E KINSHIP
  GUARDIANSHIP ASSISTANCE AGREEMENT.
A Guardianship Assistance
  Agreement entered into between the Department and Prospective Guardians when
  the Prospective Guardians are relatives of the child and are licensed to
  provide foster care and the Department has determined all eligibility criteria
  of this chapter and Title IV-E of the Social Security Act have been
  met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-004 - GUARDIANSHIP ASSISTANCE AGREEMENTS

Current through June 17, 2024
All guardianship assistance agreements are subject to the provisions in
	 this chapter.
004.01
APPROVAL BEFORE GUARDIANSHIP IS FINALIZED.
The
  guardianship assistance agreement must be signed by the guardian or guardians
  and DHHS prior to the date of the court order establishing the guardianship.
  When more than one individual is being appointed as guardian of a child, each
  individual seeking appointment as guardian must sign the agreement. The
  guardianship must be established by the court within six months of the
  Guardianship Assistance Agreement being signed by all parties. When the
  guardianship is not finalized within the six month time frame, the guardianship
  assistance agreement is no longer valid and a new application must be submitted
  by the potential guardians.
004.02
APPLICATION.
An application for a Guardianship
  Assistance Agreement must be submitted by the prospective guardian prior to
  finalization of the guardianship. Eligibility will be determined based on the
  factors set forth in this chapter.
004.03
ELIGIBILITY FOR TITLE IV-E
  GUARDIANSHIP ASSISTANCE AGREEMENT.
When the Department determines
  the child qualifies for guardianship assistance pursuant to Title IV-E of the
  Social Security Act, the child will be eligible for a Title IV-E Guardianship
  Assistance Agreement when all other eligibility requirements set forth in this
  chapter and Title IV-E of the Social Security Act are met. When all eligibility
  requirements of this chapter are met, but all eligibility requirements of Title
  IV-E of the Social Security Act are not met, the child will be eligible for a
  Nebraska Guardianship Assistance Agreement.
004.03(A)
SUCCESSOR
  GUARDIAN.
Notwithstanding any other provision, the eligibility of
  a child for a Title IV-E Kinship Guardianship Assistance Agreement under Title
  IV-E of the Social Security Act shall not be affected by reason of the
  replacement of a relative guardian with a successor guardian named in the Title
  IV-E Kinship Guardianship Assistance Agreement, including any amendment
  thereto.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-005 - CHANGE IN GUARDIANSHIP ASSISTANCE AGREEMENT PROVISIONS

Current through June 17, 2024
The guardian may request a change in the Guardianship Assistance
	 Agreement provisions by submitting a written request on the Department approved
	 form. Guardianship Assistance Agreement provisions may be modified if the
	 Department determines an amended agreement is necessary based on a change in
	 family circumstances, a change in the child's special needs or a change in law
	 or regulation.
005.01
CHANGE IN TITLE IV-E KINSHIP GUARDIANSHIP ASSISTANCE
  AGREEMENT.
Title IV-E Kinship Guardianship Assistance Agreements
  may be modified as authorized by this section.
005.01(A)
INCREASE IN ASSISTANCE
  PAYMENT.
The guardian of a child who is the subject of a Title
  IV-E Kinship Guardianship Assistance Agreement may request an increase in the
  guardianship assistance payment. The guardian must provide documentation to
  support the need for an increase in the payment. The amount of the guardianship
  assistance payment must not exceed the amount the child would have received in
  foster care at the time of the request.
005.01(B)
CHANGE IN SPECIAL
  SERVICES.
Special services may be added to a Title IV-E Kinship
  Guardianship Assistance Agreement when the Department determines there is a
  change in family circumstances or a change in the child's special
  needs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-006 - EXTENDED GUARDIANSHIP ASSISTANCE

Current through June 17, 2024
A young adult is eligible to participate in the Extended Guardianship
	 Assistance program if:
(A) The Young
  Adult is at least 19 years of age but less than 21 years of age;
(B) The Young Adult was the subject of a
  Guardianship Assistance Agreement that took effect after the Young Adult had
  attained 16 years of age;
(C) The
  Young Adult was the subject of the Guardianship Assistance Agreement until 19
  years of age;
(D) The Young Adult
  was previously adjudicated to be within the meaning of Neb. Rev. Stat. §
									43-247(3)(a)
   or the equivalent under tribal
  law;
(E) The Young Adult meets the
  education or employment criteria for the Bridge to Independence program;
  and
(F) The Young Adult is not
  participating in the Bridge to Independence program.
006.01
USE OF FUNDS.
A guardian who receives payment of Extended Guardianship Assistance shall use
  the guardianship assistance funds for the benefit of the Young Adult. The
  Department will consider use of the guardianship assistance funds on the
  following supports and services as using the funds for the benefit of the Young
  Adult:
(A) Clothing purchases;
(B) Incidental items;
(C) Insurance;
(D) Food;
(E) Housing, other than maintenance of the
  guardian's home;
(F)
  Education;
(G) Medical
  expenses;
(H) Transportation;
  or
(I) Other services and supports
  the Department determines will help the young adult transition into
  adulthood.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-007 - CHANGE IN GUARDIAN INFORMATION

Current through June 17, 2024
A Guardianship Assistance Agreement may be modified to add guardians
	 when there is a court order appointing additional guardians and all of the
	 following are met:
(A) The guardian
  that entered into the current Guardianship Assistance Agreement continues to be
  a court-appointed guardian of the child;
(B) The Department is provided a copy of the
  court order appointing additional guardians;
(C) The added guardian meets all the
  requirements of a Prospective Guardian as set forth in this chapter;
  and
(D) An amended Guardianship
  Assistance Agreement is signed by all guardians.
007.01
PAYMENT AFTER ADDING
  GUARDIANS.
Payment will continue to be made in the same manner as
  before the modification, unless all guardians agree in writing that a change in
  payee should occur.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-008 - SUSPENSION OF GUARDIANSHIP ASSISTANCE PAYMENT

Current through June 17, 2024
The Department may suspend the guardianship assistance payment
	 when:
(A) The Department determines
  the guardians are not using the guardianship assistance payment for the benefit
  of the child; or
(B) The Department
  is unable to determine whether the guardians are using the guardianship
  assistance payment for the benefit of the child.
008.01
GUARDIANSHIP ASSISTANCE
  PAYMENT WHEN CHILD IS OUT OF HOME.
When the child is no longer
  residing in the home of the guardian, the guardianship assistance payment may
  be reduced or terminated. To continue to receive a guardianship assistance
  payment, the guardian must provide documentation to the Department proving the
  amount of financial support used to benefit the child for each month. The
  Department will determine the amount of the guardianship assistance payment
  based on the documentation provided by the guardian.
008.01(A)
EXCEPTION.
When the child is the subject of a Title IV-E Kinship Guardianship Assistance
  Agreement, the guardianship assistance payment will be reduced only when agreed
  to in writing by all guardians who entered into the agreement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-009 - REINSTATEMENT OF GUARDIANSHIP ASSISTANCE PAYMENT

Current through June 17, 2024
When a guardianship assistance payment has been suspended or reduced,
	 the full guardianship assistance payment may be reinstated when the Department
	 determines the basis for suspension or reduction in payment has been resolved.
	 A guardianship assistance payment cannot be reinstated if the guardians who
	 entered into the current Guardianship Assistance Agreement are no longer the
	 guardians of the child.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-010 - TRANSFER OF GUARDIANSHIP ASSISTANCE AGREEMENT

Current through June 17, 2024
A Guardianship Assistance Agreement may not be transferred to new
	 guardians, except as authorized in the Designation of Successor Guardian
	 section of this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-011 - TERMINATION OF GUARDIANSHIP ASSISTANCE AGREEMENT

Current through June 17, 2024
A Guardianship Assistance Agreement terminates when:
(A) All guardians who have entered into the
  Guardianship Assistance Agreement request termination of the
  agreement;
(B) The guardianship
  assistance agreement does not include a designation of guardian as allowed by
  law and all guardians are deceased;
(C) The child reaches age 19;
(D) The child dies;
(E) The child becomes an emancipated
  minor;
(F) The child marries or
  enlists in the military;
(G) The
  Department determines all guardians who have entered into the Guardianship
  Assistance Agreement are no longer appointed by the court to be guardians of
  the child; or
(H) The child is no
  longer residing with a guardian who has entered into the Guardianship
  Assistance Agreement and the guardian is not cooperating in a plan for the
  child to return home.
011.01
EXCEPTIONS.
The following are exceptions to the
  termination criteria set forth in this chapter.
011.01(A)
AGE
  EXCEPTION.
When a child reaches age 19, the Guardianship
  Assistance Agreement will not terminate if the child is eligible for and
  enrolls in the extended guardianship assistance program. The Guardianship
  Assistance Agreement will terminate when the child is no longer enrolled in or
  eligible for Extended Guardianship Assistance.
011.02(B)
OUT OF HOME
  EXCEPTION.
When a child is no longer residing with a guardian, the
  Guardianship Assistance Agreement will not terminate if the child is attending
  college or vocational training, is living independently, or is residing in an
  out of home treatment facility, but continuing to receive supports and services
  from a guardian who entered into the Guardianship Assistance
  Agreement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 7 - GUARDIANSHIP ASSISTANCE PROGRAM › Section 479-7-012 - RIGHT TO APPEAL

Current through June 17, 2024
A guardian or prospective guardian has the right to request a fair
	 hearing as allowed by law, including, but not limited to, the provisions for
	 appeal set forth in this chapter.
012.01
PROSPECTIVE
  GUARDIAN.
The prospective guardian has the right to request a fair
  hearing under the Administrative Procedures Act if:
(1) The prospective guardian disagrees with
  the determination by the Department that a child is ineligible for guardianship
  assistance;
(2) The prospective
  guardian disagrees with the guardianship assistance payment determined by the
  Department;
(3) The guardian
  disagrees with the determination by the Department that a child is not eligible
  for a Title IV-E Kinship Guardianship Assistance Agreement; or
(4) The child was denied guardianship
  assistance based on a means test of the guardian's income.
012.01(A)
TIMELINE TO
  APPEAL.
The appeal must be filed in writing within 90 days of the
  action or inaction. No change in coverage will occur while the appeal is
  pending.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 479 - CHILD WELFARE PAYMENTS › Chapter 8 - ADOPTION ASSISTANCE PROGRAM › Section 479-8-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This chapter governs Adoption Assistance Agreements that may be entered
	 into with the Department pursuant to Nebraska Revised Statute (Neb. Rev. Stat.)
	 §§
									43-117
	 and
	 43-118 or
	 Title IV-E of the Social Security Act.
001.01
CONFLICT
  RESOLUTION.
In the event there is a conflict between this chapter
  and any other Department regulations regarding the Adoption Assistance Program,
  this chapter shall be controlling.