Chapter 68, PUBLIC ASSISTANCE
369 sections in this chapter.
Neb. Rev. Stat. § 68-1001 Assistance to the aged, blind, or disabled; program; administration.
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There is hereby established in and for the State of Nebraska a program to be known as assistance to the aged, blind, or disabled, which assistance shall be administered by the Department of Health and Human Services. Such assistance shall consist of money payments to, medical car…
Neb. Rev. Stat. § 68-1001.01 Department of Health and Human Services; rules and regulations; promulgate.
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For the purpose of adding to the security and social adjustment of former and potential recipients of assistance to the aged, blind, and disabled, and of medical assistance, the Department of Health and Human Services is authorized to promulgate rules and regulations providing fo…
Neb. Rev. Stat. § 68-1001.02 Assistance; action for reimbursement; statute of limitations; when commences to run.
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No statute of limitations shall apply to any claim or cause of action, belonging to the county or state on account of the payment of assistance to the aged, blind or disabled while the recipient, former recipient, spouse, or dependent children of such recipient survive.
Neb. Rev. Stat. § 68-1002 Persons eligible for assistance.
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In order to qualify for assistance to the aged, blind, or disabled, an individual: (1) Must be a bona fide resident of the State of Nebraska, except that a resident of another state who enters the State of Nebraska solely for the purpose of receiving care in a home licensed by th…
Neb. Rev. Stat. § 68-1003 Assistance to the aged; additional qualifications required.
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In order to qualify for assistance to the aged, an individual must, in addition to the requirements set forth in section 68-1002, have attained the age of sixty-five years.
Neb. Rev. Stat. § 68-1004 Assistance to the blind; additional qualifications required.
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In order to qualify for assistance to the blind, an individual must, in addition to the requirements set forth in section 68-1002, have been determined to be blind by an examination by a physician skilled in diseases of the eye or by an optometrist.
Neb. Rev. Stat. § 68-1005 Assistance to the disabled; additional qualifications required; department; powers and duties.
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In order to qualify for assistance to the disabled, an individual shall, in addition to the requirements set forth in section 68-1002, be considered to be disabled if he or she is unable to engage in any substantial gainful activity by reason of any medically determinable physica…
Neb. Rev. Stat. § 68-1006 Assistance to the aged, blind, or disabled; amount authorized per person.
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The amount of assistance to the aged, blind, or disabled shall be based on the need of the individual and the circumstances existing in each case. When permitted by the federal old age and survivors insurance act, any accumulations of increased benefits under such act may be disr…
Neb. Rev. Stat. § 68-1006.01 Personal needs allowance; amount authorized.
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The Department of Health and Human Services shall include in the standard of need for eligible aged, blind, and disabled persons seventy-five dollars per month for a personal needs allowance if such persons reside in an alternative living arrangement. For purposes of this section…
Neb. Rev. Stat. § 68-1007 Determination of need; elements considered; amounts disregarded.
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In determining need for assistance to the aged, blind, or disabled, the Department of Health and Human Services shall take into consideration all other income and resources of the individual claiming such assistance, as well as any expenses reasonably attributable to the earning …
Neb. Rev. Stat. § 68-1009 Hospital; reimbursement for certain services; conditions.
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(1) The state shall provide medicaid reimbursement to a hospital at one hundred percent of the statewide average nursing facility per diem rate for an individual if the individual: (a) Is enrolled in the medical assistance program; (b) has been admitted as an inpatient to such ho…
Neb. Rev. Stat. § 68-1010 Patients with complex health needs; transfer; pilot program; termination.
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(1) The Department of Health and Human Services shall contract with, or provide a grant to, an eligible entity to implement a pilot program to facilitate the transfer of patients with complex health needs from eligible acute care hospitals to appropriate post-acute care settings,…
Neb. Rev. Stat. § 68-1013 Assistance to the aged, blind, and disabled; not vested right; not assignable; exemption from levy.
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No person shall have any vested right to any claim against the county or state for assistance of any kind by virtue of being or having been a recipient of assistance to the aged, blind or disabled, aid to dependent children, or medical assistance for the aged. No such assistance …
Neb. Rev. Stat. § 68-1014 Assistance; payment to guardian or conservator; when authorized.
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If any guardian or conservator shall have been appointed to take charge of the property of any recipient of assistance to the aged, blind, or disabled, aid to dependent children, or medical assistance, such assistance payments shall be made to the guardian or conservator upon his…
Neb. Rev. Stat. § 68-1015 Assistance; investigation; attendance of witnesses; production of records; subpoena power; oaths.
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For the purpose of any investigation or hearing, the chief executive officer of the Department of Health and Human Services and the division directors appointed pursuant to section 81-3115, through authorized agents, shall have the power to compel, by subpoena, the attendance and…
Neb. Rev. Stat. § 68-1016 Assistance; appeals; procedure.
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The chief executive officer of the Department of Health and Human Services, or his or her designated representative, shall provide for granting an opportunity for a fair hearing to any individual whose claim for assistance to the aged, blind, or disabled, aid to dependent childre…
Neb. Rev. Stat. § 68-1017 Assistance; violations; penalties.
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(1) Any person, including vendors and providers of medical assistance and social services, who, by means of a willfully false statement or representation, or by impersonation or other device, obtains or attempts to obtain, or aids or abets any person to obtain or to attempt to ob…
Neb. Rev. Stat. § 68-1017.01 Supplemental Nutrition Assistance Program; violations; penalties.
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(1) A person commits an offense if he or she knowingly uses, alters, or transfers any Supplemental Nutrition Assistance Program benefits or electronic benefit cards or any authorizations to participate in the Supplemental Nutrition Assistance Program in any manner not authorized …
Neb. Rev. Stat. § 68-1017.02 Supplemental Nutrition Assistance Program; department; duties; state outreach plan; report; contents; categorical eligibility; legislative intent; person ineligible, when; work requirements; employment and training program.
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(1)(a) The Department of Health and Human Services shall apply for and utilize to the maximum extent possible, within limits established by the Legislature, any and all appropriate options available to the state under the federal Supplemental Nutrition Assistance Program and regu…
Neb. Rev. Stat. § 68-104 Department of Health and Human Services; overseer of poor; county board; assistance; powers and duties.
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The Department of Health and Human Services shall be the overseer of the poor and shall be vested with the entire and exclusive superintendence of the poor in this state, except that the county board of each county shall furnish such medical service as may be required for the poo…
Neb. Rev. Stat. § 68-1095.01 Long-Term Care Partnership Program; established; Department of Health and Human Services; duties.
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The Long-Term Care Partnership Program is established. The program shall be administered by the Department of Health and Human Services in accordance with federal requirements on state long-term care partnership programs. In order to implement the program, the department shall fi…
Neb. Rev. Stat. § 68-1108 Department of Health and Human Services; report.
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The Department of Health and Human Services shall annually report electronically to the Legislature the percentage growth of medicaid spending for people over sixty-five years of age for no fewer than five years following acceptance of the application to the State Balancing Incen…
Neb. Rev. Stat. § 68-1111 Act, how cited.
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Sections 68-1111 to 68-1120 shall be known and may be cited as the Aging and Disability Resource Center Act.
Neb. Rev. Stat. § 68-1112 Legislative findings.
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The Legislature finds that: (1) The state should anticipate and prepare for significant growth in the number of older Nebraskans and the future needs of persons with disabilities, both of which will require costly long-term care services; (2) The state should improve access to ex…
Neb. Rev. Stat. § 68-1113 Purpose of act; legislative intent.
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The purpose of the Aging and Disability Resource Center Act is to provide information about long-term care services and support available in the home and community for older Nebraskans or persons with disabilities, family caregivers, and persons who request information or assista…
Neb. Rev. Stat. § 68-1114 Terms, defined.
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For purposes of the Aging and Disability Resource Center Act: (1) Aging and disability resource center means a community-based entity established to provide information about long-term care services and support and to facilitate access to options counseling to assist eligible ind…
Neb. Rev. Stat. § 68-1115 Funding for aging and disability resource centers.
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The department shall award funding for aging and disability resource centers. The department shall pursue federal matching funds as applicable and allocate such funds to the aging and disability resource centers.
Neb. Rev. Stat. § 68-1116 Aging and disability resource centers; services.
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(1) The aging and disability resource centers shall be a means of promoting appropriate, effective, and efficient use of long-term care resources. (2) Each aging and disability resource center shall provide one or more of the following services: (a) Comprehensive information on t…
Neb. Rev. Stat. § 68-1117 Area agency on aging or partnering organization; powers and duties.
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(1) An area agency on aging or partnering organization receiving funding pursuant to section 68-1115, may work in partnership with one or more partnering organizations that specialize in serving persons with congenital and acquired disabilities to provide services as described in…
Neb. Rev. Stat. § 68-1119 Reimbursement; schedule.
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The department shall reimburse each area agency on aging operating an aging and disability resource center on a schedule agreed to by the department and the area agency on aging. If a partnering organization has contracted with the department for the purpose of providing services…
Neb. Rev. Stat. § 68-1120 Funding; legislative intent.
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It is the intent of the Legislature that the costs for staff, operations, and state aid necessary to carry out the Aging and Disability Resource Center Act be funded from the Nebraska Health Care Cash Fund for fiscal years 2018-19 and 2019-20.
Neb. Rev. Stat. § 68-114 Nonresident poor persons; temporary aid; relief when legal residence not determined.
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Whenever any nonresident shall fall sick in any county in this state, not having money or property to pay his or her board, or whenever any poor person not having a legal settlement in the county is found in distress, without friends or money, so that he or she is likely to suffe…
Neb. Rev. Stat. § 68-115 Legal settlement, defined; exclusions; minors; termination.
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(1) The term legal settlement for all public assistance programs shall be taken and considered to mean as follows: Every person, except those hereinafter mentioned, who has resided one year continuously in any county, shall be deemed to have a legal settlement in such county. Eve…
Neb. Rev. Stat. § 68-1201 Eligibility determination; exclusion of certain assets and income.
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(1) In determining eligibility for the program for aid to dependent children pursuant to section 43-512 as administered by the State of Nebraska pursuant to the federal Temporary Assistance for Needy Families program, 42 U.S.C. 601 et seq., for the low-income home energy assistan…
Neb. Rev. Stat. § 68-1202 Social services; services included.
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Social services may be provided on behalf of recipients with payments for such social services made directly to vendors. Social services shall include those mandatory and optional services to former, present, or potential social services recipients provided for under the federal …
Neb. Rev. Stat. § 68-1203 Social services; provided or purchased; dependent children and families; aged, blind, or disabled persons.
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Social services shall be provided or purchased for dependent children and families, aged persons, blind individuals, and disabled individuals as defined by state law and to former and potential recipients as defined in federal regulations.
Neb. Rev. Stat. § 68-1204 Social services or specialized developmental disability services; rules and regulations; agreements; fee schedules.
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(1) For the purpose of providing or purchasing social services described in section 68-1202, the state hereby accepts and assents to all applicable provisions of the federal Social Security Act, as amended. The Department of Health and Human Services may adopt and promulgate rule…
Neb. Rev. Stat. § 68-1205 Matching funds.
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The matching funds required to obtain the federal share of the services described in section 68-1202 may come from either state, county, or donated sources in amounts and other provisions to be determined by the Department of Health and Human Services.
Neb. Rev. Stat. § 68-1206 Social services; administration; contracts; payments; duties; federal Child Care Subsidy program; participation; requirements; funding.
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(1) The Department of Health and Human Services shall administer the program of social services in this state. The department may contract with other social agencies for the purchase of social services at rates not to exceed those prevailing in the state or the cost at which the …
Neb. Rev. Stat. § 68-1207 Department of Health and Human Services; public child welfare services; supervise; department; caseload requirements; case plan developed.
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(1) The Department of Health and Human Services shall supervise all public child welfare services as described by law. The department shall maintain caseloads to carry out child welfare services which provide for adequate, timely, and indepth investigations and services to childr…
Neb. Rev. Stat. § 68-1207.01 Department of Health and Human Services; caseloads report; contents.
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The Department of Health and Human Services shall annually provide a report to the Legislature and Governor outlining the caseloads of child protective services, the factors considered in their establishment, and the fiscal resources necessary for their maintenance. The report su…
Neb. Rev. Stat. § 68-1207.02 Child welfare system; suicide awareness and prevention; curriculum and training materials.
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For purposes of providing training for individuals involved in the child welfare system, the Department of Health and Human Services shall develop a baseline of curriculum and training materials related to suicide awareness and prevention in consultation with statewide and nation…
Neb. Rev. Stat. § 68-1207.03 Child welfare system; Department of Health and Human Services; staff training in suicide awareness and prevention.
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All staff involved in the child welfare system of the Department of Health and Human Services that provide direct services to children or families or interact directly with children or families, and any other appropriate personnel as determined by the Division of Children and Fam…
Neb. Rev. Stat. § 68-1208 Rules and regulations; right of appeal and hearings.
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Authority to adopt rules and regulations and the right to appeal and hearing shall be the same in the program of social services as in the program of assistance to families and children and the aged, blind, or disabled.
Neb. Rev. Stat. § 68-1209 Applications for social services; information; safeguarded.
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Information regarding applicants for or recipients of social services shall be safeguarded and shall be used only for purposes connected with the administration of social services.
Neb. Rev. Stat. § 68-1210 Department of Health and Human Services; certain foster care children; payment rates; family care services; plan; implementation.
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(1) Notwithstanding any other provision of law, the Department of Health and Human Services shall have the authority through rule or regulation to establish payment rates for children with special needs who are in foster care and in the custody of the department. (2)(a) On or bef…
Neb. Rev. Stat. § 68-1211 Case management of child welfare services; legislative findings and declarations.
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The Legislature finds and declares that: (1) The State of Nebraska has the legal responsibility for children in its custody and accordingly should maintain the decisionmaking authority inherent in direct case management of child welfare services; (2) Training and longevity of chi…
Neb. Rev. Stat. § 68-1212 Department of Health and Human Services; cases; case manager; employee of department; duties; referrals authorized.
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For all cases in which a court has awarded a juvenile to the care of the Department of Health and Human Services according to subsection (1) of section 43-285 and for any noncourt and voluntary cases, the case manager shall be an employee of the department. Such case manager shal…
Neb. Rev. Stat. § 68-1214 Case managers; training program; department; duties; training curriculum; contents.
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To facilitate consistency in training all case managers and allow for Title IV-E reimbursement for case manager training under Title IV-E of the federal Social Security Act, as amended, the same program for initial training of case managers shall be utilized for all case managers…
Neb. Rev. Stat. § 68-1215 Low-income home energy assistance program; eligibility; determination; crisis assistance payments.
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(1) For purposes of determining eligibility of a household for the low-income home energy assistance program pursuant to section 68-1201 as administered by the State of Nebraska pursuant to the federal Energy Policy Act of 2005, 42 U.S.C. 8621 to 8630, the Department of Health an…