Chapter 68, PUBLIC ASSISTANCE

369 sections in this chapter.

369 sectionsFiltered byCh 68

Neb. Rev. Stat. § 68-1733 Planning process; state agencies; duty to establish.
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The state agencies enumerated in section 68-1732 shall establish a planning process to: (1) Assist communities in joining together to assess their resources and strengths; (2) Assess what services are needed in participating communities and coordinate how such services should be …
Neb. Rev. Stat. § 68-1734 Application process; legislative intent; common assessment tool.
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It is the intent of the Legislature that the agencies enumerated in section 68-1732, whenever possible, shall develop a uniform, consolidated, and streamlined application process for all programs serving children and families. The application process shall be electronically linke…
Neb. Rev. Stat. § 68-1735 Creating self-sufficiency contract and meeting work activity requirement; applicant under twenty years of age; activities authorized.
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For purposes of creating the self-sufficiency contract and meeting the applicant's work activity requirement, an applicant who is under twenty years of age and is married or a single head of household is deemed to have met the work activity requirement in a month if he or she: (1…
Neb. Rev. Stat. § 68-1735.01 Creating self-sufficiency contract and meeting work activity requirement; applicant; activities authorized.
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(1) For purposes of this section, target work rate means fifty percent less the caseload reduction credit submitted by the Nebraska Department of Health and Human Services to the United States Department of Health and Human Services for the fiscal year. (2) For purposes of creati…
Neb. Rev. Stat. § 68-1735.03 Legislative intent.
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It is the intent of the Legislature that the Department of Health and Human Services carry out the requirements of sections 68-1735 and 68-1735.01 within the limits of its annual appropriation.
Neb. Rev. Stat. § 68-1738 Department of Health and Human Services; duty.
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The Department of Health and Human Services shall make state funds available which are appropriated to meet the needs of people living on tribal lands or in tribal service areas as defined in section 43-1503 if the people residing on tribal lands or in tribal services areas choos…
Neb. Rev. Stat. § 68-1801 Act, how cited.
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Sections 68-1801 to 68-1809 shall be known and may be cited as the ICF/DD Reimbursement Protection Act.
Neb. Rev. Stat. § 68-1802 Terms, defined.
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For purposes of the ICF/DD Reimbursement Protection Act: (1) Department means the Department of Health and Human Services; (2) Intermediate care facility for persons with developmental disabilities has the definition found in section 71-421; (3) Medical assistance program means t…
Neb. Rev. Stat. § 68-1803 Tax; rate; collection; report.
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(1) Each intermediate care facility for persons with developmental disabilities shall pay a tax equal to a percentage of its net revenue for the most recent State of Nebraska fiscal year. The percentage shall be (a) six percent prior to January 1, 2008, (b) five and one-half perc…
Neb. Rev. Stat. § 68-1804 ICF/DD Reimbursement Protection Fund; created; use; allocation; investment.
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(1) The ICF/DD Reimbursement Protection Fund is created. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Interest and income earned by the …
Neb. Rev. Stat. § 68-1805 State medicaid plan; application for amendment; tax; when due.
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(1) On or before July 1, 2004, the department shall submit an application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services amending the state medicaid plan to provide for utilization of money in the ICF/DD Reimbursemen…
Neb. Rev. Stat. § 68-1806 Collection of tax; discontinued; when; effect.
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(1) Until July 1, 2014: (a) Collection of the tax imposed by section 68-1803 shall be discontinued if: (i) The amendment to the state medicaid plan described in section 68-1805 is disapproved by the Centers for Medicare and Medicaid Services; (ii) The department reduces rates pai…
Neb. Rev. Stat. § 68-1806.01 Tax; use.
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The department shall collect the tax provided for in section 68-1803 and remit the tax to the State Treasurer for credit to the ICF/DD Reimbursement Protection Fund. Beginning July 1, 2014, no proceeds from the tax provided for in section 68-1803, including the federal match, sha…
Neb. Rev. Stat. § 68-1807 Failure to pay tax; penalty.
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(1) An intermediate care facility for persons with developmental disabilities that fails to pay the tax required by section 68-1803 shall be subject to a penalty of five hundred dollars per day of delinquency. The total amount of the penalty assessed under this section shall not …
Neb. Rev. Stat. § 68-1808 Refund; procedure.
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An intermediate care facility for persons with developmental disabilities that has paid a tax that is not required by section 68-1803 may file a claim for refund with the department. The department may by rule and regulation establish procedures for filing and consideration of su…
Neb. Rev. Stat. § 68-1809 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the ICF/DD Reimbursement Protection Act.
Neb. Rev. Stat. § 68-1901 Act, how cited.
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Sections 68-1901 to 68-1930 shall be known and may be cited as the Nursing Facility Quality Assurance Assessment Act.
Neb. Rev. Stat. § 68-1902 Definitions, where found.
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For purposes of the Nursing Facility Quality Assurance Assessment Act, the definitions found in sections 68-1903 to 68-1916 apply.
Neb. Rev. Stat. § 68-1903 Bed-hold day, defined.
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Bed-hold day means a day during which a bed is kept open pursuant to the bed-hold policy of the nursing facility or skilled nursing facility which permits a resident to return to the facility and resume residence in the facility after a transfer to a hospital or therapeutic leave…
Neb. Rev. Stat. § 68-1904 Continuing care retirement community, defined.
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Continuing care retirement community means an operational entity or related organization which, under a life care contract, provides a continuum of services, including, but not limited to, independent living, assisted-living, nursing facility, and skilled nursing facility service…
Neb. Rev. Stat. § 68-1905 Department, defined.
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Department means the Department of Health and Human Services.
Neb. Rev. Stat. § 68-1906 Gross inpatient revenue, defined.
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Gross inpatient revenue means the revenue paid to a nursing facility or skilled nursing facility for inpatient resident care, room, board, and services less contractual adjustments, bad debt, and revenue from sources other than operations, including, but not limited to, interest,…
Neb. Rev. Stat. § 68-1907 Hospital, defined.
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Hospital has the meaning found in section 71-419.
Neb. Rev. Stat. § 68-1908 Life care contract, defined.
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Life care contract means a contract between a continuing care retirement community and a resident of such community or his or her legal representative which: (1) Includes each of the following express promises: (a) The community agrees to provide services at any level along the c…
Neb. Rev. Stat. § 68-1909 Medical assistance program, defined.
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Medical assistance program means the medical assistance program established pursuant to the Medical Assistance Act.
Neb. Rev. Stat. § 68-1910 Medicare day, defined.
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Medicare day means any day of resident stay funded by medicare as the payment source and includes a day funded under Medicare Part A, under a Medicare Advantage or special needs plan, or under medicare hospice.
Neb. Rev. Stat. § 68-1911 Medicare upper payment limit, defined.
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Medicare upper payment limit means the limitation established by 42 C.F.R. 447.272 establishing a maximum amount of payment for services under the medical assistance program to nursing facilities, skilled nursing facilities, and hospitals.
Neb. Rev. Stat. § 68-1912 Nursing facility, defined.
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Nursing facility has the meaning found in section 71-424.
Neb. Rev. Stat. § 68-1913 Quality assurance assessment, defined.
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Quality assurance assessment means the assessment imposed under section 68-1917.
Neb. Rev. Stat. § 68-1914 Resident day, defined.
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Resident day means the calendar day in which care is provided to an individual resident of a nursing facility or skilled nursing facility that is not reimbursed under medicare, including the day of admission but not including the day of discharge, unless the dates of admission an…
Neb. Rev. Stat. § 68-1915 Skilled nursing facility, defined.
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Skilled nursing facility has the meaning found in section 71-429.
Neb. Rev. Stat. § 68-1916 Total resident days, defined.
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Total resident days means the total number of residents residing in the nursing facility or skilled nursing facility between July 1 and June 30, multiplied by the number of days each such resident resided in that nursing facility or skilled nursing facility. If a resident is admi…
Neb. Rev. Stat. § 68-1917 Quality assurance assessment; payment; computation.
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Except for facilities which are exempt under section 68-1918 and facilities referred to in section 68-1919, each nursing facility or skilled nursing facility licensed under the Health Care Facility Licensure Act shall pay a quality assurance assessment based on total resident day…
Neb. Rev. Stat. § 68-1918 Providers exempt.
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The department shall exempt the following providers from the quality assurance assessment: (1) State-operated veterans homes listed in section 80-315; (2) Nursing facilities and skilled nursing facilities with twenty-six or fewer licensed beds; and (3) Continuing care retirement …
Neb. Rev. Stat. § 68-1919 Reduction of quality assurance assessment; when.
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The department shall reduce the quality assurance assessment for either certain high-volume medicaid nursing facilities or skilled nursing facilities with high patient volumes to meet the redistribution tests in 42 C.F.R. 433.68(e)(2). Under this section, the assessment shall be …
Neb. Rev. Stat. § 68-1920 Aggregate quality assurance assessment; limitation.
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The aggregate quality assurance assessment shall not exceed the lower of the amount necessary to accomplish the uses specified in section 68-1926 or the maximum amount of gross inpatient revenue that may be assessed pursuant to the indirect guarantee threshold as established purs…
Neb. Rev. Stat. § 68-1921 Quality assurance assessment; payments; form.
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Each nursing facility or skilled nursing facility shall pay the quality assurance assessment to the department on a quarterly basis after the medical assistance payment rates of the facility are adjusted pursuant to section 68-1926. The department shall prepare and distribute a f…
Neb. Rev. Stat. § 68-1922 Department; collect quality assurance assessment; remit to State Treasurer.
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The department shall collect the quality assurance assessment and remit the assessment to the State Treasurer for credit to the Nursing Facility Quality Assurance Fund. No proceeds from the quality assurance assessment, including the federal match, shall be placed in the General …
Neb. Rev. Stat. § 68-1923 Quality assurance assessment; report; medicaid cost report; how treated.
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A nursing facility or skilled nursing facility shall report the quality assurance assessment on a separate line of the medicaid cost report of the nursing facility or skilled nursing facility. The quality assurance assessment shall be treated as a separate component in developing…
Neb. Rev. Stat. § 68-1924 Underpayment or overpayment; notice.
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If the department determines that a nursing facility or skilled nursing facility has underpaid or overpaid the quality assurance assessment, the department shall notify the nursing facility or skilled nursing facility of the unpaid quality assurance assessment or refund due. Such…
Neb. Rev. Stat. § 68-1925 Failure to pay; penalty; waiver; when; withholding authorized; collection methods authorized.
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(1) A nursing facility or skilled nursing facility that fails to pay the quality assurance assessment within the timeframe specified in section 68-1921 or 68-1924, whichever is applicable, shall pay, in addition to the outstanding quality assurance assessment, a penalty of one an…
Neb. Rev. Stat. § 68-1926 Nursing Facility Quality Assurance Fund; created; use; investment.
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(1) The Nursing Facility Quality Assurance Fund is created. Interest and income earned by the fund shall be credited to the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and th…
Neb. Rev. Stat. § 68-1927 Application for amendment to medicaid state plan; approval; effect; resubmission of waiver application.
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(1) On or before September 30, 2011, or after that date if allowable by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, the Nebraska Department of Health and Human Services shall submit an application to the Centers for…
Neb. Rev. Stat. § 68-1928 Department; discontinue collection of quality assurance assessments; when; return of money.
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(1) The department shall discontinue collection of the quality assurance assessments: (a) If the waiver requested pursuant to section 68-1927 or the medicaid state plan amendment reflecting the payment rates in section 68-1926 is given final disapproval by the Centers for Medicar…
Neb. Rev. Stat. § 68-1929 Aggrieved party; hearing; petition.
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A nursing facility or skilled nursing facility aggrieved by an action of the department under the Nursing Facility Quality Assurance Assessment Act may file a petition for hearing with the director of the Division of Medicaid and Long-Term Care of the department. The hearing shal…
Neb. Rev. Stat. § 68-1930 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Nursing Facility Quality Assurance Assessment Act.
Neb. Rev. Stat. § 68-2001 Act, how cited.
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Sections 68-2001 to 68-2005 shall be known and may be cited as the Children's Health and Treatment Act.
Neb. Rev. Stat. § 68-2002 Purposes of act.
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The purposes of the Children's Health and Treatment Act are to: (1) Require that the guidelines and criteria that the Department of Health and Human Services utilizes to determine medical necessity for services under the medical assistance program be published by the department o…
Neb. Rev. Stat. § 68-2003 Terms, defined.
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For purposes of the Children's Health and Treatment Act: (1) Department means the Department of Health and Human Services; and (2) Medical assistance program means the program established pursuant to section 68-903.
Neb. Rev. Stat. § 68-2005 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to carry out the Children's Health and Treatment Act. On and after April 1, 2013, the department shall not apply medical necessity criteria to determine medical necessity for children under nineteen years of age that…