Chapter 81 — STATE ADMINISTRATIVE DEPARTMENTS

2,602 sections in this chapter.

2,602 sectionsFiltered byCh 81

Neb. Rev. Stat. § 81-2222 Funding eligibility; activities and services enumerated.
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Activities and services eligible for funding under the Nebraska Community Aging Services Act and an approved plan are: (1) Those agency functions and services necessary to carry out the agency's responsibilities under the act and in its plan, including, but not limited to, admini…
Neb. Rev. Stat. § 81-2223 Services; eligibility; determination.
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Within an area plan, the determination of eligibility of older individuals to benefit from community aging services shall be as follows: (1) For congregate activities, the determination shall be left to the area agency on aging, taking into account (a) the needs, resources, and s…
Neb. Rev. Stat. § 81-2224 Area agency on aging; reimbursement for costs; how made.
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The department shall reimburse each designated area agency on aging for seventy-five percent of the actual cost of providing eligible activities and services as defined in section 81-2222. Such reimbursement shall be made from (1) state funds appropriated by the Legislature, incl…
Neb. Rev. Stat. § 81-2225 Reimbursement for costs; qualification.
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To qualify for reimbursement by the department, as provided for in section 81-2224, a designated area agency on aging shall have a department-approved plan and budget and shall provide no less than twenty-five percent of such approved plan and budget from local sources. Local sou…
Neb. Rev. Stat. § 81-2225.01 Intrastate funding formula; department; duties.
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(1) The department, after consultation with the area agencies on aging, shall develop and use an intrastate funding formula for the allocation to area agencies on aging of state and federal funds awarded pursuant to the Nebraska Community Aging Services Act and the Older American…
Neb. Rev. Stat. § 81-2226 Area agency on aging; malfeasance; effect.
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In the event of a documented malfeasance on the part of any area agency on aging in the administration of its area plan, and the failure of the governing unit of the area agency to take corrective action within a reasonable time, the department shall, with the advice of the counc…
Neb. Rev. Stat. § 81-2227 Department; submit budget.
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Based upon the department-approved plan and budget for each designated area agency on aging, the department shall submit a budget request to the Department of Administrative Services, on or before the date provided in subsection (1) of section 81-132 for each even-numbered year, …
Neb. Rev. Stat. § 81-2227.01 Area agencies on aging; appropriations; legislative intent.
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It is the intent of the Legislature to appropriate two million dollars in fiscal year 2025-26 and two million dollars in fiscal year 2026-27 from the Medicaid Managed Care Excess Profit Fund to the area agencies on aging for the purpose of providing additional eligible activities…
Repealed. Laws 2016, LB698, § 37.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2229 Legislative intent.
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It is the intent of the Legislature that: (1) The state establish a statewide system of care management units through the area agencies on aging to aid in the coordination of the delivery of a continuum of services targeted primarily to the state's older population; (2) The conti…
Repealed. Laws 1980, LB 632, § 47.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2230 Purpose of sections.
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The purpose of sections 81-2229 to 81-2235 shall be to provide for care management units which include ongoing consultation, assessment, care plan development, referral, and review for individuals, primarily older Nebraskans, in need of long-term care. With the individual's appro…
Neb. Rev. Stat. § 81-2231 Care management units; certification; standards.
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The care management units shall be certified by the Department of Health and Human Services which shall adopt and promulgate rules and regulations within two hundred forty days of August 30, 1987, providing standards for certification. Such standards shall be developed in consult…
Neb. Rev. Stat. § 81-2232 Area agency on aging; prepare plan; procedure.
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Within sixty days of the adoption and promulgation of the standards for certification by the Department of Health and Human Services, each area agency on aging shall submit to the department for approval a plan of operation to either provide and supervise or subcontract for at le…
Repealed. Laws 2017, LB417, § 25.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2234 Care management clients; voluntary contributions; client family income schedule; care management unit; reimbursement.
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(1) Care management clients may contribute to the costs of receiving care management services, as provided under section 81-2230. A client family income schedule, using the federal poverty guidelines, shall be used to determine a care management client's voluntary contribution. I…
Neb. Rev. Stat. § 81-2235 Care management unit; reimbursement by department.
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(1) Each care management unit may be reimbursed by the Department of Health and Human Services for costs or through other reimbursement specified in section 81-2234. Reimbursement by the department shall be based on actual casework time units expended on all care management servi…
Repealed. Laws 1996, LB 1044, § 985.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2237 Act, how cited.
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Sections 81-2237 to 81-2264 shall be known and may be cited as the Long-Term Care Ombudsman Act.
Neb. Rev. Stat. § 81-2238 Definitions, where found.
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For purposes of the Long-Term Care Ombudsman Act, the definitions found in sections 81-2239 to 81-2248 shall be used.
Neb. Rev. Stat. § 81-2239 Department, defined.
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Department means the Department of Health and Human Services.
Repealed. Laws 1980, LB 632, § 47.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1044, § 985.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 296, § 815.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2242 Local long-term care ombudsman program, defined.
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Local long-term care ombudsman program means an entity, either public or private and nonprofit, designated as a local long-term care ombudsman program by the office.
Neb. Rev. Stat. § 81-2243 Long-term care facility, defined.
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Long-term care facility includes: (1) A nursing facility; (2) An assisted-living facility; (3) Any other adult care home; (4) A continuing care community; (5) Any swing bed in an acute care facility or extended care facility; and (6) Any adult day service.
Neb. Rev. Stat. § 81-2244 Office, defined.
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Office means the office of the state long-term care ombudsman.
Neb. Rev. Stat. § 81-2245 Older Americans Act, defined.
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Older Americans Act means the federal Older Americans Act, as amended.
Transferred to section 81-2247.02.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2247 Ombudsman advocate, defined.
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Ombudsman advocate means an employee or a volunteer of the office other than the state long-term care ombudsman or of a local program trained and certified to carry out duties of the office.
Neb. Rev. Stat. § 81-2247.01 Representative of the office, defined.
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Representative of the office means an employee or volunteer designated by the state long-term care ombudsman to fulfill the duties of the office, whether personnel supervision is provided by the state long-term care ombudsman or his or her designee or by an agency hosting a local…
Neb. Rev. Stat. § 81-2247.02 Resident, defined.
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Resident means an individual who resides in a long-term care facility as a patient, resident, or client.
Neb. Rev. Stat. § 81-2247.03 Resident representative, defined.
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Resident representative means: (1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decisionmaking; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; …
Neb. Rev. Stat. § 81-2248 State long-term care ombudsman, defined.
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State long-term care ombudsman means the person appointed under section 81-2249 to fulfill the responsibilities of the office.
Neb. Rev. Stat. § 81-2249 Office; created; state long-term care ombudsman; appointed.
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Pursuant to the Older Americans Act, the office of the state long-term care ombudsman is hereby created. The department shall establish and operate the office. The chief executive officer of the department shall appoint the state long-term care ombudsman.
Repealed. Laws 1980, LB 632, § 47.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2250 Long-term care ombudsman program; established; contents.
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The department shall establish a long-term care ombudsman program consisting of the state long-term care ombudsman and any local long-term care ombudsman programs. The program shall: (1) Investigate and resolve complaints made by or on behalf of residents relating to action, inac…
Neb. Rev. Stat. § 81-2251 Rules and regulations; state long-term care ombudsman; qualifications.
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The department may adopt and promulgate rules and regulations to carry out the Long-Term Care Ombudsman Act. The department shall ensure that the state long-term care ombudsman has no conflicts of interest in fulfilling the duties of the office, is capable of administering the of…
Neb. Rev. Stat. § 81-2252 Local long-term care ombudsman programs; designation; provisional status.
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The office may designate for two-year periods, within each planning-and-service area designated pursuant to section 81-2213, local long-term care ombudsman programs. The office may withdraw or provisionally maintain the designation of an entity as a local long-term care ombudsman…
Neb. Rev. Stat. § 81-2253 Staff training requirements; ombudsman advocate certification; required.
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(1) The state long-term care ombudsman shall ensure that the staff of the office and of local long-term care ombudsman programs are trained in: (a) Federal, state, and local laws, regulations, and policies with respect to long-term care facilities in the state; (b) Investigative …
Neb. Rev. Stat. § 81-2254 Office; investigations; procedure.
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The office shall investigate and seek to resolve complaints and concerns communicated by or on behalf of a resident. The office may initiate investigations based on its observations of the conditions in a long-term care facility. If the office does not investigate a complaint, th…
Neb. Rev. Stat. § 81-2255 Abuse, neglect, or exploitation; referral required; procedure.
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(1) Notwithstanding any other provision of law related to reporting, when abuse, neglect, or exploitation of a resident is suspected, the long-term care ombudsman program, with the permission of the resident or the resident representative, shall make an immediate referral to adul…
Neb. Rev. Stat. § 81-2256 Long-term care facility; notice required; form.
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Every long-term care facility shall post in a conspicuous location a notice of the name, address, and telephone number of the office and the name and telephone number of the nearest local long-term care ombudsman program. A brief description of the services provided by the office…
Neb. Rev. Stat. § 81-2257 Office; access to governmental records.
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Upon request, the office shall have access to any record of a state or local governmental agency which is necessary to carry out its responsibilities under the Long-Term Care Ombudsman Act.
Neb. Rev. Stat. § 81-2258 Office; access to medical and personal records; liability for disclosure; confidentiality.
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(1) The office shall have access to the medical and personal records of a resident of a long-term care facility which are retained by the facility. If the resident: (a) Has the ability to consent in writing or through the use of auxiliary aids and services, access may only be obt…
Neb. Rev. Stat. § 81-2259 State long-term care ombudsman and ombudsman advocate; access to resident.
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A state long-term care ombudsman or an ombudsman advocate shall have immediate access to any consenting resident for the purpose of effectively carrying out the Long-Term Care Ombudsman Act if such state long-term care ombudsman or ombudsman advocate identifies himself or herself…
Repealed. Laws 1980, LB 632, § 47.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-2260 Complaints or investigations; confidentiality; exceptions.
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(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants or residents shall remain confidential except: (a) When disclosure is authorized in writing by the complainant, resident, or…
Neb. Rev. Stat. § 81-2261 Department; duties.
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The department shall ensure that: (1) No individual involved in the designation of the state long-term care ombudsman has a pecuniary or other interest in a long-term care facility; (2) No state long-term care ombudsman or ombudsman advocate has a pecuniary or other interest in a…
Neb. Rev. Stat. § 81-2262 Local long-term care ombudsman program and certified individual; treatment.
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Any local long-term care ombudsman program or any individual certified by the office, whether an employee of the program or office or an unpaid volunteer of the program or office, shall be treated as a representative of the office.