CONTACT
David Hudson, Communications and Legislative Services, (402) 471-4047
David.Hudson@nebraska.gov
Lincoln – The Nebraska Department of Health and Human Services (DHHS) will hold a public hearing at 10 a.m., Thursday, April 9, at the Nebraska State Office Building to receive comments on the adoption of Title 471, Chapter 39 – Nebraska Alternative Benefit Plans; Title 477 Chapters 3, 4, 5, 9, 10, 11, 19, 25, 26, 27, and 29 – Medicaid Eligibility, and Title 482, Chapters 1, 2, 4, and 5 – Nebraska Medicaid Managed Care. These are all part of Nebraska Administrative Code.
Title 471 NAC 39 - Nebraska Alternative Benefit Plans -- The adoption of this new regulation chapter will outline the covered services in the Nebraska Prime Alternative Benefit Plan and the Nebraska Basic Alternative Benefit plan, the two-tiered system connected to the Heritage Health Adult Program. The proposed new regulation will allow the Department of Health and Human Services to provide Medicaid services to eligible adults aged 19 through 64 years of age.
Title 477 - Medicaid Eligibility -- The following regulations are proposed for AMENDMENT:
- NAC 3 – Application Process
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits. Additional changes include clarification on who can submit an application on an individual, allow medical providers to submit applications, and reflect continuous eligibility for hospitalized children.
- NAC 4 – Effective Date of Medicaid Eligibility
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, and updates to reflect the elimination of retroactive coverage requested through the 1115 demonstration application.
- NAC 5 – Citizenship/Alien Status and Identity
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, eliminates a duplicate reference, and removal extended Reasonable Opportunity as the Department does not take this option in the State Plan Amendment.
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, and includes notice requirements for individuals whose eligibility is suspended.
- NAC 10 – Fair Hearing Processes
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, and reflects changes in federal regulations allowing maintenance of serves pending appeal; if the request is made before the effective date of action.
- NAC 11 – Living Arrangements
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, living arrangement regulations have been consolidated into Chapter 11, and updates to policy related to individuals whose eligibility is suspended.
- NAC 19 – Modified Adjusted Gross Income (MAGI)-Based Programs
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, addition of the Heritage Health Adult group to the presumptive eligibility categories, and content was reorganized to consolidate information regarding presumptive eligibility.
- NAC 25 – Budgeting for the Medically Needy
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, the chapter was retitled, and content that was not relevant to the chapter subject title was removed.
- NAC 26 – Spousal Impoverishment Medicaid Program (SIMP)
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, and clarification added for community spouse Medicaid eligibility and treatment of trusts.
- NAC 27 – Eligibility for the Aged, Blind, and Disabled; Medically Needy; Qualified Disabled Working Individuals; Medicaid Insurance for the Workers with Disabilities; Breast and Cervical Cancer; Emergency Medical Services Assistance; and Katie Beckett
The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, qualified disabled working individual was updated, and transitional medical assistance has been updated to clarify the rules for eligibility.
Title 477 - Medicaid Eligibility -- The following regulations are proposed for ADOPTION:
- NAC 29 – Heritage Health Adult Program
The adoption of these regulations will provide the eligibility for the new adult group required by Neb. Rev. Stat. § 68-992. This will include provisions to make this group eligible for Medicaid, as well as the regulations required to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including the basic and prime benefits, and implements the Heritage Health Adult Program.
Title 482 NAC 1, 2, 4, and 5 - Nebraska Medicaid Managed Care -- The proposed changes will allow the managed care entities to enroll the new Heritage Health Adult population, as required by Neb. Rev. Stat. § 68-992. These changes will work together with updates to other titles to facilitate the enrollment of the adult population into Medicaid, and to implement the 1115 waiver Nebraska is currently seeking from CMS for the implementation of expansion, including basic and prime benefits. Additional changes include correcting typographical errors and updating formatting.
Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).
The hearing will be held at 10 a.m. CDT, Thursday, April 9, at the Nebraska State Office Building, 301 Centennial Mall South, Lincoln, Nebraska, Lower Level Conference Room A.
In accordance with new guidelines influencing the size of gatherings, the public hearing will be limited to eight (8) in-person attendees. The guidelines were issued by the Centers for Disease Control and Prevention in response to the spread of the novel coronavirus or COVID-19.
In order to encourage participation in this public hearing, a phone conference line will be available so that any member of the public may call in and provide oral comments. Those interested in doing so may call (888) 820-1398. The participant code is 3213662#.
Interested persons are also invited to submit written comments. Written comments must be postmarked or received by 5 p.m., CDT, the day of the hearing, and should be emailed to DHHS.Regulations@nebraska.gov, faxed to (402) 742-2382, or sent to DHHS Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026. Any written comments will be part of the record and will be considered.
The draft regulations can be found at www.sos.ne.gov.