Chapter 83, STATE INSTITUTIONS
357 sections in this chapter.
Neb. Rev. Stat. § 83-348 State hospitals for the mentally ill; patients whose legal settlement has not been ascertained; state to bear expense.
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Patients in the state hospitals for the mentally ill having no legal settlement in this state, or whose legal settlement cannot be ascertained, shall be supported at the expense of the state. This section shall apply to all such patients now in the hospitals and shall include exp…
Neb. Rev. Stat. § 83-349 State hospitals for the mentally ill; adjustment of expense between counties; notice; inquiry; effect of delay.
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If the mental health board finds that a person committed to a state hospital for the mentally ill by the board has, or probably has, a legal settlement in some other county in the state, the board shall immediately notify the mental health board of that county of its finding and …
Neb. Rev. Stat. § 83-350 State hospitals for the mentally ill; legal settlement of patient in another county; treatment.
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When the chief executive officer of a state hospital for the mentally ill has been notified, as provided for in sections 83-313 to 83-357, that a patient sent to the hospital from one county has a legal settlement in another county of the state, the chief executive officer shall …
Neb. Rev. Stat. § 83-351 Expenses; adjustment between counties; patients transferred from a state institution.
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Expenses incurred by one county, on account of a mentally ill and dangerous person or a dangerous sex offender as defined in section 83-174.01 whose legal settlement is in another county of the state, shall be refunded, with lawful interest thereon, by the county in which the men…
Neb. Rev. Stat. § 83-354 State hospitals for the mentally ill; equal treatment; special care at private expense.
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All patients in the state hospitals for the mentally ill shall be regarded as standing on an equal footing. The patients, according to their different conditions of mind and body and their respective needs, shall be provided for and treated with equal care. If the relatives or im…
Neb. Rev. Stat. § 83-355 State hospitals for the mentally ill; admission of nonresidents; expenses paid quarterly in advance.
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Mentally ill persons from other states and territories may be admitted to the state hospitals for the mentally ill upon equal footing and on same conditions as private-pay patients. The sum to be paid monthly for the care, maintenance, and treatment of such patients shall be fixe…
Neb. Rev. Stat. § 83-356 Mentally ill persons; mistreatment; liability; penalty.
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Any person taking care of a mentally ill person, and restraining such a person, either with or without authority, who shall treat such person with wanton severity, harshness or cruelty, or shall in any way abuse such a person, shall be guilty of a Class V misdemeanor and shall al…
Neb. Rev. Stat. § 83-357 Persons supposed mentally ill; liberty not to be restricted; exception.
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The liberty of any person supposed to be mentally ill shall not be restrained by any person not acting under the authority of the county board of mental health except to the extent for the period that may be necessary for the safety of persons and property, and until authority ca…
Neb. Rev. Stat. § 83-363 Terms, defined.
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As used in sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379, unless the context otherwise requires: (1) Department means the Department of Health and Human Services; (2) State institution means the state hospitals at Lincoln and Norfolk, the Beatrice State Developmenta…
Neb. Rev. Stat. § 83-364 Cost of patient care; liability of patient and relatives.
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When any person is admitted to a state institution or other inpatient treatment facility pursuant to an order of a mental health board under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act or receives treatment prescribed by such institution or facili…
Neb. Rev. Stat. § 83-365 Cost of patient care; department; determine.
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The department shall periodically determine the individual cost, exclusive of the cost of education, for the care, support, maintenance, and treatment of the patients in each state institution and for persons receiving treatment prescribed by an institution following release or w…
Neb. Rev. Stat. § 83-366 Cost of patient care; assess against patient or relatives; limitations.
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The department shall assess against the patient or his or her relatives all or such part of the cost determined under section 83-365 as they are able to pay, in the judgment of the department, except that a patient who is placed in a state institution to receive appropriate speci…
Neb. Rev. Stat. § 83-367 Cost of patient care; relatives; limitation.
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The liability of each relative, except a spouse, shall cease when relatives shall have completed payments assessed pursuant to sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379 for one hundred eighty months, or when the patient attains the age of majority, whichever sha…
Neb. Rev. Stat. § 83-368 Cost of patient care; ability to pay; factors.
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Except as provided in section 71-809, the department shall determine the ability of a patient to pay by consideration of the following factors: (1) Taxable income reportable under Nebraska law; (2) the patient's age; (3) the number of his or her dependents and their ages and ment…
Neb. Rev. Stat. § 83-369 Cost of patient care; Department of Health and Human Services; determination of ability to pay; factors considered.
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When the department determines that a patient is unable to pay the entire cost determined pursuant to section 83-365, the department shall then determine the ability of his relatives to pay such cost. In making this determination, the department shall consider the relative's taxa…
Neb. Rev. Stat. § 83-370 Cost of patient care; failure to furnish information; effect.
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When any relative willfully fails to furnish to the department, upon request, the information required by sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379 as to his or her taxable income, such relative shall be deemed to have ability to pay the entire cost determined u…
Neb. Rev. Stat. § 83-371 Department; rules and regulations.
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Pursuant to the provisions of the Administrative Procedure Act, the department shall adopt and promulgate appropriate rules and regulations for making the determinations required by sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379.
Neb. Rev. Stat. § 83-372 Cost of patient care; county board; duties.
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It shall be the duty of the county board in each county to make such investigation as the department may require with regard to the ability to pay of any patient or relative of a patient who resides within the county. In making such investigation, the county board shall act in ac…
Neb. Rev. Stat. § 83-373 Cost of patient care; determination; redetermination annually.
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Any determination of the ability of a patient or relative to pay shall remain in effect until a redetermination is made. A redetermination shall be made annually and at such additional times when, in the judgment of the department, it is appropriate to do so, or when a request is…
Neb. Rev. Stat. § 83-374 Cost of patient care; hearing; appeal.
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Any patient or relative aggrieved by a determination of ability to pay may request a hearing before the department. The department shall adopt and promulgate rules and regulations to govern the conduct of such hearings. The department may appoint an examiner who shall have power …
Neb. Rev. Stat. § 83-375 Cost of patient care; failure to pay; action by Attorney General.
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When any patient or relative fails to pay the amounts determined to be due under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379, the State of Nebraska may proceed against such person in the manner authorized by law for the recovery of money owed to a creditor. The At…
Neb. Rev. Stat. § 83-376 Cost of patient care; failure of patient or relative to pay; cost to be paid by county and state.
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When the full cost determined to be necessary for the care, support, maintenance, and treatment of any patient is not paid by the patient or his or her relatives within thirty days of receipt of such care, (1) the county in which the patient resides shall pay (a) the first fiftee…
Neb. Rev. Stat. § 83-377 Cost of patient care; guardian; duties; liability.
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In all cases in which a guardian has been named for any person liable for payments under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379, the guardian shall represent such person in all matters arising under sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379 …
Neb. Rev. Stat. § 83-378 Cost of patient care; claim against estate; voluntary payments.
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No person shall be liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in sections 83-363 to 83-379, but the amounts determined to be due and unpaid at the time of the death of a patient or relative shall constitute a claim again…
Neb. Rev. Stat. § 83-379 Cost of patient care; fraudulent transfers; effect.
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In the absence of fraud, a patient and the patient's relatives shall be liable only to the extent of assessments actually made against them respectively, in accordance with sections 83-227.01, 83-227.02, 83-350, and 83-363 to 83-379. For the purposes of sections 83-227.01, 83-227…
Neb. Rev. Stat. § 83-380.01 Indigent outpatient; prescription medicine; Department of Health and Human Services; pay costs; when.
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Upon the discharge from a treatment facility, an indigent person who has received mental-health-board-ordered treatment may file an affidavit with the Department of Health and Human Services or the mental health board requesting that prescription medicine which the regional cente…
Neb. Rev. Stat. § 83-381 Terms, defined.
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As used in sections 83-217, 83-218, and 83-381 to 83-390, unless the context otherwise requires: (1) Person with an intellectual disability means any person of significant subaverage general intellectual functioning which is associated with significant impairments in adaptive fun…
Neb. Rev. Stat. § 83-382 Residential facilities; admission; department; jurisdiction.
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Except as provided in sections 79-1148 and 79-1149, the department shall have jurisdiction of the admission of persons with an intellectual disability to a residential facility. Applications for admission to a residential facility shall be filed with the department.
Neb. Rev. Stat. § 83-383 Residential facilities; admission; application; by whom; appointment of guardian.
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(1) An application for admission shall be made in writing by one of the following persons: (a) If the person applying for admission has a court-appointed guardian, the application shall be made by the guardian; and (b) If the person applying for admission does not have a court-ap…
Neb. Rev. Stat. § 83-384 Residential facilities; application for admission; contents.
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An application for admission to a residential facility shall contain the name, age, and place of residence of the person for whom admission is requested. The application shall set forth the name of the person submitting the application and the capacity in which he or she makes th…
Neb. Rev. Stat. § 83-385 Residential facilities; application for admission; referral; return of findings.
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Upon receipt of an application for admission, the department shall refer the person for whom admission is requested to an agency or person specially qualified in the diagnosis of mental or related conditions for examination and evaluation. Within fourteen days of referral, the ag…
Neb. Rev. Stat. § 83-386 Residential facilities; admission; selection by department; priority.
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The department shall examine all information concerning the person for whom admission is requested and shall determine therefrom whether the person is a person with an intellectual disability and whether residence in the residential facility is necessary for the welfare, care, tr…
Neb. Rev. Stat. § 83-387 Residential facilities; patient; discharge or transfer; notice; responsibility of department.
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At such time as the department determines that continued residence in a residential facility will no longer benefit a person with an intellectual disability, the department shall arrange for the discharge or transfer of such person from the residential facility. The department sh…
Neb. Rev. Stat. § 83-388 Residential facilities; detention after the age of majority.
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No person admitted to a residential facility upon the application of his or her parent or parents shall be detained in a residential facility after attaining the age of majority as established by section 43-2101, as such section may from time to time be amended, unless a guardian…
Neb. Rev. Stat. § 83-389 Residential facility; person with an intellectual disability; removal; notice; procedure.
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A person admitted to a residential facility under the provisions of sections 83-217, 83-218, and 83-381 to 83-390 shall be immediately discharged from the residential facility after notice of intention to remove the person with an intellectual disability has been given by the per…
Neb. Rev. Stat. § 83-390 Residential facilities; persons admitted; rights retained; rules and regulations.
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A person shall not lose his or her rights as a citizen, his or her property rights, or his or her legal capacity by reason of being admitted to a residential facility. The department may make reasonable rules and regulations concerning the exercise of such rights within the resid…
Neb. Rev. Stat. § 83-391 Terms, defined.
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For purposes of sections 83-108 and 83-391 to 83-393, unless the context otherwise requires: (1) Department means the Department of Health and Human Services; and (2) Facility means a skilled nursing care or intermediate care facility.
Neb. Rev. Stat. § 83-392 Skilled nursing care; intermediate care; facilities; establish; operate; administered; license.
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The department may establish, operate, and administer skilled nursing care and intermediate care facilities. No such facility shall be established, operated, or administered without having complied with the laws, rules, and regulations establishing standards for construction, mai…
Neb. Rev. Stat. § 83-393 Persons needing care; admission.
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Any person who needs the care provided in a facility shall be eligible for admission to such facility, and admission shall not be restricted to persons who receive services in any other institution operated by the department at the time application is made.
Neb. Rev. Stat. § 83-4,109 Adult institutions; disciplinary procedures; laws governing.
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Disciplinary procedures in adult institutions administered by the Department of Correctional Services shall be governed by the provisions of sections 83-4,109 to 83-4,123.
Neb. Rev. Stat. § 83-4,110 Terms, defined.
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For purposes of sections 83-4,109 to 83-4,123, unless the context otherwise requires: (1) Director shall mean the Director of Correctional Services; and (2) Department shall mean the Department of Correctional Services.
Neb. Rev. Stat. § 83-4,111 Rules and regulations; purpose; contents; rights and privileges of inmates.
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(1) The department shall adopt and promulgate rules and regulations to establish criteria for justifiably and reasonably determining which rights and privileges an inmate forfeits upon commitment and which rights and privileges an inmate retains. (2) Such rules and regulations sh…
Neb. Rev. Stat. § 83-4,112 Rules and regulations; filed; distributed; inmates to be informed of rules and policies.
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(1) Copies of all rules and regulations shall be filed pursuant to the Administrative Procedure Act and shall be distributed to all adult correctional facilities in this state. (2) Inmates shall be informed of rules and policies concerning behavior and discipline, inmate rights a…
Neb. Rev. Stat. § 83-4,113 Adult disciplinary action; rules posted.
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All adult disciplinary action within the system of the department shall be pursuant to sections 83-4,109 to 83-4,123. Inmates shall be informed of rules of behavior and discipline. Such rules shall be posted or otherwise made available to the inmates.
Neb. Rev. Stat. § 83-4,114 Disciplinary restrictions and punishment; degree; solitary confinement prohibited; annual report; contents.
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(1) There shall be no corporal punishment or disciplinary restrictions on diet. (2) Disciplinary restrictions on clothing, bedding, mail, visitations, use of toilets, washbowls, or scheduled showers shall be imposed only for abuse of such privilege or facility and only as authori…
Neb. Rev. Stat. § 83-4,114.01 Chief executive officer; responsibilities; duties; discipline of inmates.
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(1) The chief executive officer of each facility of the department shall be responsible for the discipline of inmates who reside in such facility. No inmate shall be punished except upon the order of the chief executive officer of the facility, and no punishment shall be imposed …
Neb. Rev. Stat. § 83-4,114.02 Inmate; disciplinary measures; confirmation testing; costs.
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(1) Before disciplinary measures are taken against an inmate for drug or alcohol violations, an inmate may request and the department shall provide independent confirmation testing of positive results of: (a) Urinalysis testing; or (b) Any screening test, field test, presumptive …
Neb. Rev. Stat. § 83-4,115 Review of disciplinary action; administrative review boards; membership.
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Any review of disciplinary action imposed upon any person shall be pursuant to sections 83-4,109 to 83-4,123. The director shall establish procedures to review the disciplinary actions of inmates. The director may establish one or more administrative review boards within the depa…
Neb. Rev. Stat. § 83-4,120 Infraction of rules or policies; report; filed with warden.
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A written report of any infraction shall be filed with the warden within seventy-two hours of the occurrence of such infraction or the discovery of it. Such report shall be placed in the files of the institution or facility.
Neb. Rev. Stat. § 83-4,121 Disciplinary proceeding; when commenced; exception.
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No disciplinary proceeding shall be commenced more than eight calendar days after the infraction or the discovery of such infraction unless the committed person is unable or unavailable for any reason to participate in a disciplinary proceeding.