Nebraska Administrative Code

TITLE 370 - NEBRASKA LOTTERY REGULATIONS CHAPTER 800-NEBRASKA PICK 5 REG-801 GAME DESCRIPTION 801.01 General. Nebraska Pick 5 is an on-line lottery game which pays all prizes including the Grand Prize on a cash basis except as provided in these regulations or the Nebraska Pick 5 …

TITLE 390 - JUVENILE SERVICES CHAPTER 1 - JUVENILE SERVICES 001. AUTHORITY. State law provides for the supervision of juveniles by employees of the Nebraska Department of Health and Human Services - Office of Juvenile Services (DHHS-OJS). The Office of Juvenile Services Act (Neb.…

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 1 - FAMILY CHILD CARE HOME I 1-001 SCOPE AND AUTHORITY: These regulations will become operative three months after their effective date. These regulations govern the licensing of family child care homes by the Department of Health…

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 2 - FAMILY CHILD CARE HOME II 2-001 SCOPE AND AUTHORITY: These regulations will become operative three months after their effective date. These regulations govern the licensing of family child care homes by the Department of Healt…

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 3 - CHILD CARE CENTERS 3-001 SCOPE AND AUTHORITY: These regulations will become operative three months after their effective date. These regulations govern the licensing of Child Care Centers by the Department of Health and Human …

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 4 - SCHOOL-AGE-ONLY CENTERS 4-001 SCOPE AND AUTHORITY: These regulations will become operative three months after their effective date. These regulations govern the licensing of school-age-only child care centers by the Department…

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 5 - PRESCHOOLS 5-001 SCOPE AND AUTHORITY: These regulations will become operative three months after their effective date. These regulations govern the licensing of preschools by the Department of Health and Human Services. Statut…

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 7 - RESIDENTIAL CHILD-CARING AGENCIES 001. SCOPE AND AUTHORITY. These regulations govern licensure of residential child-caring agencies. The regulations are authorized by Nebraska Revised Statute (Neb. Rev. Stat.) §§ 71-1924 to 71…

TITLE 391 - CHILDREN’S SERVICES LICENSING CHAPTER 8 - CHILD-PLACING AGENCIES 001. SCOPE AND AUTHORITY. These regulations govern licensure of child-placing agencies. The regulations are authorized by Nebraska Revised Statutes (Neb. Rev. Stat.) §§ 71-1924 to 71-1951. 002. DEFINITIO…

TITLE 392 - CHILD CARE SUBSIDY PROGRAM CHAPTER 1 - BACKGROUND AND GENERAL INFORMATION 001. DEFINITIONS. For use within the Child Care Subsidy Program, the following definitions apply: 001.01 APPLICANT. An individual applying for child care subsidy benefits. 001.02 APPLICATION. Th…

TITLE 392 - CHILD CARE SUBSIDY CHAPTER 2 - ELEMENTS OF ELIGIBILITY 001. REQUESTS. Any person may request information, explore eligibility, or apply for the Child Care Subsidy program as an individual or a representative of another person. Interested persons may contact the local …

TITLE 392 - CHILD CARE SUBSIDY PROGRAM CHAPTER 3 - AUTHORIZATION AND NOTICE 001. AUTHORIZATION. The recipient and provider will receive notice of the recipient’s eligibility and the recipient’s sliding fee amount for which recipient is responsible. 001.01 IN-HOME CHILD CARE SUBSI…

TITLE 392 - CHILD CARE SUBSIDY PROGRAM CHAPTER 4 - PROVIDER ENROLLMENT 001. GENERAL STANDARDS. In order for a child care provider to participate in the subsidy program: (A) All child care providers must have a Social Security Number or Federal Identification Number, whichever is …

TITLE 392 - CHILD CARE SUBSIDY PROGRAM CHAPTER 5 - CHILD CARE GRANTS 001. CHILD CARE GRANTS. If eligibility requirements are met and funds are available, grants may be awarded to child care facilities in order to increase the number of licensed child care slots that are available…

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 10 - YOUNG ADULT VOLUNTARY SERVICES AND SUPPORT BRIDGE TO INDEPENDENCE 001. SCOPE AND AUTHORITY. These regulations are authorized by and implement the Young Adult Bridge to Independence Act, Nebraska Revised …

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 2 - DISCLOSURE OF INFORMATION 001. DEFINITIONS. The following definitions apply: 001.01 NONIDENTIFYING INFORMATION. The descriptive social, educational, medical, and demographic details about an adopted perso…

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES 001. SCOPE AND AUTHORITY. These regulations govern the approval of foster family homes and the issuance of foster care licenses as authorize…

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 4 - INITIAL ASSESSMENT, CASE MANAGEMENT, AND PERMANENCY 001. CONTACT WITH CHILD VICTIM AND PARENTAL NOTIFICATION. When a child is a possible witness to or an alleged victim of abuse or neglect, the Department…

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 5 - INDIAN CHILD WELFARE ACT 001. DEFINITIONS. The following definitions apply: 001.01 INDIAN CHILD WELFARE ACT. The Indian Child Welfare Act includes: (A) Nebraska Revised Statute (Neb. Rev. Stat.) § 43-1501…

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 6 - ASSESSMENT OF ABUSE AND NEGLECT REPORTS 001. AUTHORITY. These regulations are authorized by Nebraska Revised Statute (Neb. Rev. Stat.) § 28-713 and § 28-713.03 and establish the process for the screening …

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 7 - STATE WARD EDUCATION FUND 001. SCOPE AND AUTHORITY. These regulations govern the reimbursement for the costs of providing educational services to Eligible Children, including associated school transportat…

TITLE 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY CHAPTER 9 - ALTERNATIVE RESPONSE 001. SCOPE AND AUTHORITY. These regulations implement Alternative Response as authorized by Nebraska Revised Statute (Neb. Rev. Stat.) §§ 28-712 and 28-712.01 and contemplated by Neb.…

TITLE 400 - NEBRASKA DEPARTMENT OF VETERANS' AFFAIRS CHAPTER 1 - DEFINITIONS Throughout this Title the following definitions shall apply: 001 Department is the Nebraska Department of Veterans’ Affairs; 002 Director is the Director of the Nebraska Department of Veterans’ Affairs; …

TITLE 400 - NEBRASKA DEPARTMENT OF VETERANS' AFFAIRS CHAPTER 2 - RULES OF PRACTICE AND PROCEDURE 001 NEGOTIATED RULEMAKING This section establishes the rules and regulations to petition for negotiated rulemaking for matters under the jurisdiction of the Department. 001.01 The Dep…

TITLE 400 - NEBRASKA DEPARTMENT OF VETERANS' AFFAIRS CHAPTER 3 - NEBRASKA VETERANS’ AID FUND 001 DEFINITIONS The following definitions shall apply to this Chapter: 001.01 Applicant is a qualified individual who is seeking aid from the Department; 001.02 Commission is the Veterans…

TITLE 400 - NEBRASKA DEPARTMENT OF VETERANS' AFFAIRS CHAPTER 4 - WAIVER OF TUITION 001 Applications must be submitted in a timely manner for proper checking and certification. Applications for waiver of tuition for a school term which has concluded will be processed only to verif…

TITLE 400 - NEBRASKA DEPARTMENT OF VETERANS' AFFAIRS CHAPTER 5 - VETERAN CEMETERY DIVISION 001 The State Veteran Cemetery(ies) operated by the Department follow: (a) the GI Bill Improvement Act of 1977, Pub. L. No. 95-202 § 401, 91 Stat 1433, 1449-1450 (1977), (b) National Cemete…

TITLE 400 - NEBRASKA DEPARTMENT OF VETERANS' AFFAIRS CHAPTER 6 - NEBRASKA STATE VETERANS’ HOMES 001 DEFINITIONS Throughout this Chapter, the following definitions apply: 001.01 Administrator is a person duly appointed to manage a Home, who holds a license to serve as a full-time …

TITLE 401 - YOUTH REHABILITATION AND TREATMENT CENTERS CHAPTER 1 - GENERAL PROVISIONS 001. SCOPE AND AUTHORITY. These regulations implement the Department of Health and Human Services’ administrative powers over the Youth Rehabilitation and Treatment Centers pursuant to Neb. Rev.…

TITLE 401 - YOUTH REHABILITATION AND TREATMENT CENTERS CHAPTER 2 - DISCPLINARY AND GRIEVANCE PROCEDURES 001. DISCIPLINARY PROCEDURES. Each Youth Rehabilitation and Treatment Center will maintain a clearly defined disciplinary procedure which incorporates the provisions of this ch…

TITLE 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CHAPTER 1 - ADMINISTRATION AND DEFINITIONS 001. PURPOSE. This Title regulates the services administered by the Department of Health and Human Services through the …

TITLE 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CHAPTER 2 - APPLICATION, ELIGIBILITY, FUNDING, REGISTRY, AND APPEALS 001. ELIGIBILITY REQUIREMENTS. In order to be eligible for Medicaid Home and Community-Based W…

TITLE 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CHAPTER 3 - PARTICIPANT SELF-DIRECTION 001. SELF-DIRECTION. A participant may self-direct the following services: (A) Assistive Technology; (B) Child Day Habilitat…

TITLE 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CHAPTER 4 - DEVELOPMENTAL DISABILITIES DAY SERVICES WAIVER FOR ADULTS 001. GENERAL INTRODUCTION. The Developmental Disabilities Adult Day Services Waiver is author…

TITLE 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CHAPTER 5 - COMPREHENSIVE DEVELOPMENTAL DISABILITIES SERVICES WAIVER 001. GENERAL INTRODUCTION. The Comprehensive Developmental Disabilities Services Waiver is aut…

TITLE 403 - MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES (HCBS) FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CHAPTER 6 - FAMILY SUPPORT WAIVER 001. AUTHORITY. The Nebraska Department of Health and Human Services (DHHS) is authorized to establish, administer, and implement…

TITLE 404 - DEVELOPMENTAL DISABILITIES SERVICES CHAPTER 1 - SCOPE AND AUTHORITY 001. SCOPE. This title governs services for individuals with developmental disabilities (DD). 002. LEGAL AUTHORITY. The following laws and regulations give legal authority to the Department of Health …

TITLE 404 - DEVELOPMENTAL DISABILITIES SERVICES CHAPTER 2 - DEFINITIONS 001. DEFINITIONS. For the purposes of these regulations, definitions found in the Developmental Disabilities Services Act (Nebraska Revised Statute [Neb. Rev. Stat.] §§ 83-1201 to 83-1226), the Public Guardia…

TITLE 404 - DEVELOPMENTAL DISABILITIES SERVICES CHAPTER 3 - ELIGIBILITY AND AUTHORIZATION 001. ELIGIBILITY AND AUTHORIZATION FOR DD SERVICES. The Department authorizes funding for services to individuals determined to be eligible as set forth in 404 NAC. 001.01 The following appl…

TITLE 404 DEVELOPMENTAL DISABILITIES SERVICES CHAPTER 4 CERTIFICATION REQUIREMENTS FOR CERTIFIED PROVIDERS OF SERVICES 001. CERTIFICATION OF PROVIDERS. All agency providers of services under the Developmental Disabilities Services Act must meet the certification and accreditation…

TITLE 404 - DEVELOPMENTAL DISABILITIES SERVICES CHAPTER 5 - CORE REQUIREMENTS FOR ALL CERTIFIED AND INDEPENDENT PROVIDERS OF SERVICES 001. PROVIDER SERVICE STANDARDS. All certified agency providers and independent providers of services under Medicaid Home and Community-Based Serv…

TITLE 404 - DEVELOPMENTAL DISABILITIES SERVICES CHAPTER 6 - PROVIDER DATA COLLECTION AND REPORTING 001. DATA COLLECTION AND REPORTING. Each provider must maintain data, statistics, schedules, reports, and other information as required by the Department. 001.01 PROVISION OF INFORM…

TITLE 405 - INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (ICF/DD) REIMBURSEMENT PROTECTION ACT AND NURSING FACILITY QUALITY ASSURANCE ASSESSMENT ACT CHAPTER 1 - INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (ICF/DD) REIMB…

TITLE 405 - INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (ICF/DD) REIMBURSEMENT PROTECTION ACT AND NURSING FACILITY QUALITY ASSURANCE ASSESSMENT ACT CHAPTER 2 - NURSING FACILITY QUALITY ASSURANCE ASSESSMENT ACT 001. SCOPE AND AUTHORITY. These regulat…

TITLE 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE Chapter 2 - Practice and Procedure for Contested Cases 001 - The Nebraska Department of Transportation adopts by reference Title 53, Chapter 4, the Nebraska Attorney General's model rule for Rules of Pr…

TITLE 407 – NEBRASKA DEPARTMENT OF TRANSPORTATION – GOVERNMENT AFFAIRS Chapter 3 – Procedures Governing Declaratory Orders 001 - The Nebraska Department of Transportation adopts by reference Title 53, Chapter 3, the Nebraska Attorney General’s model rule for Procedures Governing …

TITLE 407 – NEBRASKA DEPARTMENT OF TRANSPORTATION – GOVERNMENT AFFAIRS Chapter 4 – Petitioning for Rulemaking 001 - The Nebraska Department of Transportation adopts by reference Title 53, Chapter 2, the Nebraska Attorney General’s model rule for Petitioning for Rulemaking. 002 - …

TITLE 408 – NEBRASKA DEPARTMENT OF TRANSPORTATION – OPERATIONS DIVISION Chapter 1 – Hay Harvesting Permits 001 PURPOSE The following Rules and Regulations govern permits for mowing and harvesting of hay on the right-of-way of highways of the state highway system in accordance wit…