NebraskaLB867109th Legislature 1st and 2nd SessionslegislatureWALLET

Change provisions relating to special needs trusts, fingerprints under the Uniform Credentialing Act, child care grants, the Title IV-D Division Customer Service Unit, eligibility for young adults in the bridge to independence program, licensed and self-funded insurers under the Medical Assistance Act, medicaid nursing facility rates, assistance to aged, blind, or disabled persons, and the state Commodity Supplemental Food program; provide for a money follows the person program for medicaid benefits, a youth afterschool eligibility letter for child care employment, use of wholesale drug distributor license fees for the prescription drug monitoring program, and maintenance of epinephrine by certain schools; change provisions of and rename the Alzheimer's Disease and Other Dementia Support Act , the Alzheimer's Disease and Other Dementia Advisory Council, the State Advisory Committee on Mental Health, the Division of Developmental Disabilities of the Department of Health and Human Services, and the Director of Developmental Disabilities; and eliminate provisions relating to divisions of the Department of Health and Human Services, the Division of Medicaid and Long-Term Care Advisory Committee on Aging, the Maternal and Child Health and Public Health Work Fund, and an obsolete Nurse Licensure Compact

Sponsored By: Health and Human Services Committee

Signed by Governor

Health and Human Services Committee

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 11 benefits, 4 costs, 2 mixed.

Easier, broader use of special needs trusts

You can put unlimited money and any legally assignable income or resources into a pooled or other special needs trust. Parents can fund a trust for a child with disabilities at any age without a transfer penalty. People age 65 or older must meet federal Medicaid transfer rules to avoid a penalty. Agencies must follow federal and state trust law, protect beneficiary privacy, and cannot require a court order to fund or pay from a trust.

New $10,000 support for disabled children

The Family Support Program gives up to $10,000 each year per eligible applicant for long-term services and supports. For disabled children, Medicaid eligibility is based on the child’s income and assets, not the parents’. Families can self-direct approved services. Up to 850 people can take part.

Medicaid long-term care: transitions and rate floor

By December 31, 2026, the state must apply to create a Money Follows the Person program to help Medicaid recipients move from institutions to community care. The budget must clearly show total Medicaid nursing home funds, and the Department must report its inflation calculation each year. The average Medicaid daily nursing home rate cannot drop below the January 1, 2026 average unless the Legislature allows it or during a Governor-declared emergency.

More child care grants and flexibility

The state can award grants to start or improve child care and train staff and may use allowed federal funds to give more grants. A grantee can receive a grant only once every three years. Grantees cannot discriminate against children with disabilities or children whose care is paid with public funds.

More young adults qualify for independence program

The Bridge to Independence program now covers more young adults. You may qualify if you were in out‑of‑home care or discharged to independent living at program age, or if you had kinship guardianship or adoption assistance that began after you turned 16. Starting after January 1, 2025, you may also qualify if one day before turning 19 (or your tribe’s age of majority) you were in a court‑ordered out‑of‑home placement that was authorized or reauthorized in the prior six months with a court finding you should not return home.

Stronger aging and dementia council and plan

The state renames and strengthens the aging advisory council. It adds members with lived experience and expertise and can hear appeals from area agencies on aging. The council studies workforce, caregiver support, services, and safety and updates the State Alzheimer’s Plan by December 31, 2028, and every four years. A dedicated fund can receive federal grants and gifts to support this work.

Some care-management clients must pay more

If your family income is below 300% of poverty, the Department may require you to pay toward care management services. Your share can be 0% to 90% of the service cost. The Department sets the schedule by rule.

Tighter income rules for aged and disabled aid

The state no longer must ignore earned income the same way it did on January 1, 1972 when deciding aid for aged, blind, or disabled people. This can make more of your pay count and may reduce benefits for some people. Aid is still based on need, but the Department can choose how to issue payments instead of using only state warrants.

Schools may keep epinephrine for emergencies

With state approval, any accredited or approved school may keep epinephrine in an FDA‑approved form. Schools can use it for emergency first aid when students have severe allergic reactions.

Stronger insurer data-sharing for state claims

The law broadens who counts as a health plan to include managed care groups and pharmacy benefit managers. Plan issuers must respond to the state within 30 days and honor claims the state files within three years of service. Issuers cannot deny the state’s claim just for timing, form, or missing point‑of‑sale documents if the filing is on time. The state can enforce a claim for up to six years after submission.

Drug distributor fees fund Rx monitoring

License fees from wholesale drug distributors go to the Health and Human Services Cash Fund. The state can use them only for licensing work or for the prescription drug monitoring program.

New DHHS structure for disability and addiction services

The Division of Developmental Disabilities is now the Division of Disability and Aging. It runs the Beatrice State Developmental Center and aging and community developmental disability services. Starting July 1, 2026, the State Advisory Committee also covers substance use services and takes on the former substance abuse committee’s duties. The Olmstead planning group must include a representative from that advisory committee.

Standard pay rules for care managers

The Department pays care management units based on actual casework time. Payments can cover staff, administration, eligibility reviews, and related costs. Standard rates are set and updated at least every three years.

Commodity food program now seniors only

The state Commodity Supplemental Food program serves only low‑income elderly people who are at risk of malnutrition. The program runs only if federal CSF funds are available to the state.

Fingerprint checks and fees for health licenses

If you apply for certain health and related professional licenses, you must submit fingerprints and let the Department get your FBI record. You must pay the actual cost of fingerprinting and the background check.

Teens can get child care work letter

If you are 16 or 17, you can get an eligibility letter to work in school‑age or temporary child care after registry checks, background documents, and a seven‑hour orientation. You may work provisionally while checks are pending if you are not left alone with children and not counted in staff ratios. The letter is valid for 180 days, and up to one year if you start work within 180 days and keep working. You must reimburse the state for the application cost.

Effective dates and repealed statutes

Because an emergency exists, the law takes effect when it is passed and approved. Sections 1–37, 39, and 41 become operative three months after this session ends. The act also repeals many listed statutes, ending those specific legal authorities.

Sponsors & Cosponsors

Sponsor

  • Health and Human Services Committee

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 832 • No: 0

legislature vote • 4/10/2026

Final Reading

Yes: 49 • No: 0

legislature vote • 4/1/2026

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • 4/1/2026

Vote

Yes: 38 • No: 0 • Other: 11

legislature vote • 4/1/2026

Vote

Yes: 31 • No: 0 • Other: 18

legislature vote • 4/1/2026

Vote

Yes: 36 • No: 0 • Other: 13

legislature vote • 3/23/2026

Vote

Yes: 38 • No: 0 • Other: 11

legislature vote • 3/23/2026

Vote

Yes: 47 • No: 0 • Other: 2

legislature vote • 3/23/2026

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • 3/23/2026

Vote

Yes: 42 • No: 0 • Other: 7

legislature vote • 3/23/2026

Vote

Yes: 31 • No: 0 • Other: 18

legislature vote • 3/23/2026

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • 3/23/2026

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • Unknown

Vote

Yes: 31 • No: 0 • Other: 18

legislature vote • Unknown

Vote

Yes: 38 • No: 0 • Other: 11

legislature vote • Unknown

Vote

Yes: 42 • No: 0 • Other: 7

legislature vote • Unknown

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • Unknown

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • Unknown

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • Unknown

Vote

Yes: 40 • No: 0 • Other: 9

legislature vote • Unknown

Vote

Yes: 36 • No: 0 • Other: 13

legislature vote • Unknown

Vote

Yes: 31 • No: 0 • Other: 18

legislature vote • Unknown

Vote

Yes: 38 • No: 0 • Other: 11

Actions Timeline

  1. Provisions/portions of LB1217 amended into LB867 by AM2830

    4/17/2026legislature
  2. Provisions/portions of LB1144 amended into LB867 by AM2270

    4/17/2026legislature
  3. Provisions/portions of LB1143 amended into LB867 by AM2829

    4/17/2026legislature
  4. Provisions/portions of LB959 amended into LB867 by AM2856

    4/17/2026legislature
  5. Provisions/portions of LB845 amended into LB867 by AM2555

    4/17/2026legislature
  6. Provisions/portions of LB845 amended into LB867 by AM2270

    4/17/2026legislature
  7. Provisions/portions of LB733 amended into LB867 by AM2270

    4/17/2026legislature
  8. Provisions/portions of LB603 amended into LB867 by AM2970

    4/17/2026legislature
  9. Presented to Governor on April 10, 2026

    4/17/2026legislature
  10. Approved by Governor on April 14, 2026

    4/14/2026legislature
  11. President/Speaker signed

    4/10/2026legislature
  12. Passed on Final Reading with Emergency Clause 49-0-0

    4/10/2026legislature
  13. Dispensing of reading at large approved

    4/10/2026legislature
  14. Enrollment and Review ST83 recorded

    4/7/2026legislature
  15. Enrollment and Review ST83 filed

    4/7/2026legislature
  16. Placed on Final Reading with ST83

    4/7/2026legislature
  17. Advanced to Enrollment and Review for Engrossment

    4/1/2026legislature
  18. DeBoer AM3044 adopted

    4/1/2026legislature
  19. DeBoer FA1140 adopted

    4/1/2026legislature
  20. DeBoer FA1140 to AM3044 filed

    4/1/2026legislature
  21. Ballard AM3023 withdrawn

    4/1/2026legislature
  22. Ballard AM2970 adopted

    4/1/2026legislature
  23. Hardin AM2972 adopted

    4/1/2026legislature
  24. Kauth FA507 withdrawn

    4/1/2026legislature
  25. Enrollment and Review ER165 adopted

    4/1/2026legislature

Bill Text

  • Introduced

    1/8/2026

  • Enrolled / Slip Law

  • Final / Enacted

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