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1,943 sections in this chapter.
Neb. Rev. Stat. § 71-5803.04 Department, defined.
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Department means the Department of Health and Human Services.
Neb. Rev. Stat. § 71-5803.05 Assisted-living facility, defined.
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Assisted-living facility has the same meaning as in section 71-5903.
Neb. Rev. Stat. § 71-5803.06 Health care facility, defined.
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Health care facility means hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.
Neb. Rev. Stat. § 71-5803.07 Health planning region, defined.
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Health planning region means one of the twenty-six health planning regions established in the Nebraska State Health Plan, 1986-1991.
Neb. Rev. Stat. § 71-5803.08 Hospital, defined.
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Hospital has the same meaning as in section 71-419.
Neb. Rev. Stat. § 71-5803.09 Intermediate care facility, intermediate care facility for persons with developmental disabilities, defined.
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Intermediate care facility has the same meaning as in section 71-420 and includes an intermediate care facility for persons with developmental disabilities that has sixteen or more beds. Intermediate care facility for persons with developmental disabilities has the same meaning a…
Neb. Rev. Stat. § 71-5803.10 Long-term care bed, defined.
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Long-term care bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. Long-term care beds do not include residentia…
Neb. Rev. Stat. § 71-5803.11 Nursing facility, defined.
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Nursing facility has the same meaning as in section 71-424.
Neb. Rev. Stat. § 71-5803.12 Person, defined.
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Person means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or…
Neb. Rev. Stat. § 71-5803.13 Rehabilitation bed, defined.
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Rehabilitation bed means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act if the bed is in an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an int…
Neb. Rev. Stat. § 71-5803.15 Skilled nursing facility, defined.
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Skilled nursing facility has the same meaning as in section 71-429.
Neb. Rev. Stat. § 71-5829.03 Certificate of need; activities requiring.
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Except as provided in section 71-5830.01, no person, including persons acting for or on behalf of a health care facility, shall engage in any of the following activities without having first applied for and received the necessary certificate of need: (1) The initial establishment…
Neb. Rev. Stat. § 71-5829.04 Long-term care beds; moratorium; exceptions; department; duties.
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(1) All long-term care beds which require a certificate of need under section 71-5829.03 are subject to a moratorium unless one of the following exceptions applies: (a) An exception to the moratorium may be granted if the department establishes that the needs of individuals whose…
Neb. Rev. Stat. § 71-5829.05 Long-term care beds; certificate of need; issuance; conditions.
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If two or more applications are submitted within thirty days after the receipt of the first application for the same health planning region and the approval of all the applications would result in long-term care beds in the health planning region in excess of the long-term care b…
Neb. Rev. Stat. § 71-5829.06 Rehabilitation beds; moratorium; exceptions.
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All rehabilitation beds which require a certificate of need are subject to a moratorium, unless one of the following exceptions applies: (1) If the average occupancy for all rehabilitation beds located in Nebraska has exceeded ninety percent occupancy during the most recent three…
Neb. Rev. Stat. § 71-5830.01 Certificate of need; exempt activities.
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Notwithstanding any other provisions of the Nebraska Health Care Certificate of Need Act, a certificate of need is not required for: (1) A change in classification between an intermediate care facility, a nursing facility, or a skilled nursing facility; (2) A project of a county …
Neb. Rev. Stat. § 71-5836 Department; duties.
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The department, after consulting with appropriate governmental agencies and affected persons, shall: (1) Prescribe the form to be used in applying for certificates of need and for applying for renewal of such certificates. The application shall contain (a) the name and address of…
Neb. Rev. Stat. § 71-5837 Certificate of need application; filing; fee.
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An application for a certificate of need shall be filed with the department. All applications for a certificate of need shall be accompanied by a one-thousand-dollar nonrefundable fee. Such fee shall be remitted to the State Treasurer for credit to the General Fund.
Neb. Rev. Stat. § 71-5846 Certificate of need; decision; department; duties.
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The department shall make a decision in writing to (1) approve the application and issue a certificate of need, (2) disapprove the application and deny a certificate of need, or (3) if the application is for more long-term care beds than allowed under section 71-5829.04, approve …
Neb. Rev. Stat. § 71-5848 Application; decision; findings and conclusions.
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The department shall, when it approves or rejects an application, provide in writing to the applicant the decision and the findings and conclusions on which it based the decision.
Neb. Rev. Stat. § 71-5848.01 Certificate of need; period valid; renewal.
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A new or modified certificate of need shall be valid for a period of three years from the date of issuance and may be renewed at the expiration of such period for up to one year if the holder of the certificate establishes that the holder is meeting the timetable or making a good…
Neb. Rev. Stat. § 71-5859 Department; decision; appeal procedures.
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The department shall adopt and promulgate rules and regulations establishing procedures in accordance with the Administrative Procedure Act by which the applicant may appeal a decision by the department. The applicant may appeal a final decision of the department to the district …
Neb. Rev. Stat. § 71-5865 Certificate of need; appeal; burden of proof.
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In an appeal of a decision to deny a certificate of need, the person requesting the appeal shall bear the burden of proving that the project meets the applicable criteria established in sections 71-5829.03 to 71-5829.06.
Neb. Rev. Stat. § 71-5868 Violation; department; maintain action.
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The department may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person who is engaging in an activity identified as requiring a certificate of need under the Nebraska Health Care Certifi…
Neb. Rev. Stat. § 71-5869 Health care facility; license or permit; denial, revocation, or suspension; grounds.
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(1) A license or permit which has been issued by the department under the Health Care Facility Licensure Act or any other state statute to a health care facility which engaged in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate …
Neb. Rev. Stat. § 71-5870 Violation; penalty.
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Any person who violates the Nebraska Health Care Certificate of Need Act by engaging in any activity which requires a certificate of need without first obtaining a certificate of need as required by the act or by engaging in an activity prohibited under the act is guilty of a Cla…
Neb. Rev. Stat. § 71-5901 Act, how cited.
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Sections 71-5901 to 71-5909 shall be known and may be cited as the Assisted-Living Facility Act.
Neb. Rev. Stat. § 71-5902 Purposes of act.
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The purposes of the Assisted-Living Facility Act are to supplement provisions of the Health Care Facility Licensure Act relating to the licensure and regulation of assisted-living facilities, to provide for the health and safety of residents of such facilities, and to promote the…
Neb. Rev. Stat. § 71-5903 Terms, defined.
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For purposes of the Assisted-Living Facility Act: (1) Activities of daily living means activities such as bathing, continence, dressing, grooming, eating, mobility, toileting, transferring, and self-administration of medication and similar activities; (2) Administrator means the …
Neb. Rev. Stat. § 71-5904 Administrator; discretion.
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Assisted living promotes resident self-direction and participation in decisions which emphasize independence, individuality, privacy, and dignity. The administrator shall have the discretion regarding admission or retention of residents of the assisted-living facility subject to …
Neb. Rev. Stat. § 71-5905 Admission or retention; conditions; services of employees; requirements; written information provided to applicant for admission; resident services agreement; third-party guarantee of payment, conditions.
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(1) An assisted-living facility shall determine if an applicant for admission to the assisted-living facility is admitted or if a resident of the assisted-living facility is retained based on the care needs of the applicant or resident, the ability to meet those care needs within…
Neb. Rev. Stat. § 71-5906 Complex nursing interventions; authorized; drugs, devices, biologicals, and supplements; list required; duties.
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(1) An assisted-living facility may provide complex nursing interventions on a part-time or intermittent basis. (2) Every person seeking admission to an assisted-living facility or the authorized representative of such person shall, upon admission and annually thereafter, provide…
Neb. Rev. Stat. § 71-5907 State Fire Code classification.
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For purposes of the State Fire Code under section 81-503.01, an assisted-living facility shall be classified as (1) residential board and care if the facility meets the residential board and care classification requirements of the State Fire Code or (2) limited care if the facili…
Neb. Rev. Stat. § 71-5908 Rules and regulations.
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The department shall adopt and promulgate rules and regulations necessary to carry out the Assisted-Living Facility Act, including, but not limited to, rules and regulations which: (1) Prohibit the use of chemical or physical restraints at an assisted-living facility; (2) Require…
Neb. Rev. Stat. § 71-5909 Grievance procedure.
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(1) For purposes of this section: (a) Grievance means a written expression of dissatisfaction that may or may not be the result of an unresolved complaint; and (b) Grievance procedure means the written policy of an assisted-living facility for addressing a grievance from an indiv…
Neb. Rev. Stat. § 71-6008 Definitions, where found.
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As used in the Nebraska Nursing Home Act, unless the context otherwise requires, the definitions found in sections 71-6010 to 71-6017.01 shall apply.
Neb. Rev. Stat. § 71-601 Act, how cited.
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Sections 71-601 to 71-649 shall be known and may be cited as the Vital Statistics Act.
Neb. Rev. Stat. § 71-601.01 Terms, defined.
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For purposes of the Vital Statistics Act: (1) Abstract of death means a certified document that summarizes the facts of death, including, but not limited to, the name of the decedent, the date of the death, and the place of the death. An abstract of death does not include signatu…
Neb. Rev. Stat. § 71-6010 Department, defined.
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Department shall mean the Department of Health and Human Services.
Neb. Rev. Stat. § 71-6012 Nursing home, defined.
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Nursing home shall mean a nursing facility or a skilled nursing facility as defined in section 71-424 or 71-429.
Neb. Rev. Stat. § 71-6013 Resident, defined.
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Resident shall mean any person domiciled, residing, or receiving care and treatment, for a period in excess of twenty-four hours, in a nursing home.
Neb. Rev. Stat. § 71-6016 License, defined.
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License shall mean a license to operate a nursing home issued under the Health Care Facility Licensure Act.
Neb. Rev. Stat. § 71-6017 Licensee, defined.
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Licensee shall mean the holder of a license.
Neb. Rev. Stat. § 71-6017.01 Medicaid, defined.
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Medicaid means the medical assistance program established pursuant to the Medical Assistance Act.
Neb. Rev. Stat. § 71-6018.01 Nursing facility; nursing requirements; waiver; procedure.
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(1) Unless a waiver is granted pursuant to subsection (2) of this section, a nursing facility shall use the services of (a) a licensed registered nurse for at least eight consecutive hours per day, seven days per week and (b) a licensed registered nurse or licensed practical nurs…
Neb. Rev. Stat. § 71-6018.02 Skilled nursing facility; nursing requirements; waiver; procedure.
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(1) Unless a waiver is granted pursuant to subsection (2) of this section, a skilled nursing facility shall use the services of (a) a licensed registered nurse for at least eight consecutive hours per day, seven days per week and (b) a licensed registered nurse or licensed practi…
Neb. Rev. Stat. § 71-6019 Access to residents; when permitted.
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Any employee, representative, or agent of the department, the office of the state long-term care ombudsman, a law enforcement agency, or the local county attorney shall be permitted access at any hour to any resident of any nursing home. Friends and relatives of a resident shall …
Neb. Rev. Stat. § 71-602 Department; standard forms; release of information; confidentiality.
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(1) The department shall adopt and promulgate rules and regulations prescribing all standard forms for registering with or reporting to the department and for certification to the public of any birth, abortion, marriage, annulment, dissolution of marriage, or death registered in …
Neb. Rev. Stat. § 71-602.01 Release of information; written agreements authorized.
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All information designated by the department on all certificates as being for health data and statistical research shall be confidential but may be released to the department for research and statistical purposes. The department may release cost, health, and associated health ris…
Neb. Rev. Stat. § 71-6020 Visitor; visitation procedures.
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Any person entering a nursing home pursuant to section 71-6019 shall first notify appropriate nursing home personnel of his or her presence. He or she shall, upon request, produce identification to establish his or her identity. No such person shall enter the immediate living are…