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NebraskaLB275109th Legislature 1st and 2nd SessionslegislatureWALLET

Require the Department of Health and Human Services to screen state wards for social security benefit eligibility

Sponsored By: Megan Hunt

Signed by Governor

Health and Human Services Committee

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

DHHS screens kids for Social Security

The law requires DHHS to check each child in its care for Social Security eligibility within 60 days. If a child may qualify, DHHS applies and can appeal a denial when it is in the child’s best interest. DHHS must give written notice of every SSA decision to the child (in age‑appropriate language), the guardian ad litem, and the parents within 10 days of learning it. If approved, DHHS must tell them within 10 days that adults known to the child may apply to be the payee. If DHHS is named the payee, it must also give 10‑day written notice of the appointment and the appeal rights and deadlines.

Protect and save kids' Social Security money

When DHHS is the payee, it must keep benefits in a separate trust and use them in the child's best interest. It must avoid pushing the child over federal resource limits, for example by using ABLE accounts, PASS plans, special‑needs trusts, or dedicated back‑payment accounts. DHHS must save at least 20% at ages 14–15, 30% at 16, 40% at 17, and 50% at 18 and older. Some payments can go toward the child's care and state reimbursement, but the required saved shares are protected and cannot be used for state reimbursement. For youth 14+, DHHS must meet at least every six months to plan spending and saving; the youth can ask the juvenile court to change it if that is best. Six months before leaving care, DHHS must explain how to keep benefits, the asset limits, and help file any needed applications.

More notice and records for kids' benefits

If DHHS is the payee, it must tell the child, guardian ad litem, and parents in writing within 30 days after the first payment. At each juvenile court review, DHHS must report totals received, amounts saved, and itemized spending since the last review. DHHS must provide accounting records on request and when it stops being payee. By October 1, 2026, DHHS must publish a public form children in its care can use to request personal access to their Social Security payments.

Rules and federal funds for kids' benefits

By October 1, 2026, DHHS adopts rules to run the screening, notice, payee, conservation, and consultation duties under federal representative‑payee standards. DHHS must seek all available federal Title IV‑E funds before using Nebraska General Funds to pay for these duties.

DHHS takes custody of kids' assets

Unless a court appoints a guardian, DHHS takes custody and general control of a child's assets while the child is in DHHS care. This shifts who manages the money but does not change the amount of benefits.

Sponsors & Cosponsors

Sponsor

  • Megan Hunt

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 127 • No: 19

legislature vote • 5/30/2025

Final Reading

Yes: 29 • No: 19

legislature vote • 4/24/2025

Vote

Yes: 34 • No: 0 • Other: 15

legislature vote • 4/24/2025

Vote

Yes: 32 • No: 0 • Other: 17

legislature vote • Unknown

Vote

Yes: 32 • No: 0 • Other: 17

Actions Timeline

  1. Approved by Governor on June 4, 2025

    6/4/2025legislature

  2. Presented to Governor on May 30, 2025

    5/30/2025legislature

  3. President/Speaker signed

    5/30/2025legislature

  4. Passed on Final Reading 29-19*-1

    5/30/2025legislature

  5. Dispensing of reading at large approved

    5/30/2025legislature

  6. Placed on Final Reading

    5/12/2025legislature

  7. Advanced to Enrollment and Review for Engrossment

    5/8/2025legislature

  8. Placed on Select File

    4/30/2025legislature

  9. Advanced to Enrollment and Review Initial

    4/24/2025legislature

  10. Hunt AM1126 adopted

    4/24/2025legislature

  11. Hunt AM1126 filed

    4/24/2025legislature

  12. Placed on General File

    3/25/2025legislature

  13. Hunt priority bill

    3/14/2025legislature

  14. Notice of hearing for March 12, 2025

    2/21/2025legislature

  15. Notice of hearing for February 28, 2025 (cancel)

    2/10/2025legislature

  16. Notice of hearing for February 28, 2025

    2/7/2025legislature

  17. Conrad name added

    1/21/2025legislature

  18. Referred to Health and Human Services Committee

    1/17/2025legislature

  19. Date of introduction

    1/15/2025legislature

Bill Text

  • Introduced

    1/15/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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