Developmental Disabilities Regulations and Waivers

 
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Disabilities Assistance
Developmental Disabilities
 
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No

What would you like to do?

What would you like to do?

What you need to know

What you need to know

Regulations

Developmental disabilities services must comply with state regulations, known as the Nebraska Administrative Code (NAC).

The following regulations apply to developmental disabilities services:

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Medicaid Waivers

Public Comment Has Ended

There was a 30-day public comment period for the 0394 DD Adult Day Waiver AND 4154 Comprehensive DD Waiver from May 1, 2020 to May 30, 2020. Visit our Public Comment page for more information.

Medicaid Home and Community-Based Services (HCBS) waivers allow Nebraska to use federal Medicaid funds for services in the community. When a person receives waiver services, the state receives federal money. This allows more people to receive services.

For more information on DD eligibility and services visit the section for participants.

To be eligible for the program, a person must have Medicaid. To apply for Medicaid, contact your local DHHS office or apply online at ACCESSNebraska.

HCBS Waivers Available for People with Developmental Disabilities - A quick look at Nebraska's Medicaid HCBS waivers. (En Espanol.)

  • A participant can only be on one waiver at a time.
  • A participant can be on one waiver while waiting for a different waiver.

Current Medicaid Waivers administered by DHHS-DD

To be on a waiver administered by DHHS-DD, a person must have a developmental disability and needs that require services like those provided at an intermediate care facility for people with developmental disabilities (ICF/DD). A yearly level of care assessment determines need.

These waivers took effect October, 1, 2019. The following information is available about changes:

Waiver Technical Amendments

Changes to increase numbers did not require public or tribal comment as they were technical and in response to questions by CMS. Appendix K did not require public comment as it was in response to a state of emergency.

COVID-19 Preparedness and Response

See callout box. Information will be moved here after crisis passes.

Increase in Numbers

February 25, 2020 CMS approved a technical amendment. The following change was made to the CDD Waiver (Intro-Main and Appendix B):

  • An increase in the category reserved for transition of participants from other waivers. Increased years 3 through 5 from 100 to 300.

Increase in Numbers

September 9, 2019 CMS approved a technical amendment. The following changes were made to the CDD Waiver (Intro-Main and Appendix B):

  • An increase in the category reserved for transition from the child welfare system. Increased years 3 through 5 from 35 to 80.
  • An increase in the category reserved for transition of participants from other waivers. Increased years 3 through 5 from 10 to 100.

May 7, 2019 CMS approved a technical amendment. The following changes were made to the CDD Waiver (Intro-Main and Appendix B):

  • An increase in the unduplicated number of participants served. Increased year 2 from 4,200 to 4,350 and increased years 3 through 5 from 4,200 to 4,500.
  • An increase in the maximum number of participants served at any point in time. Increased year 2 from 4,150 to 4,263 and increased years 3 through 5 from 4,150 to 4,410.
  • An increase in the category reserved for transition from the foster care system. Increased year 2 from 5 to 45, and increased years 3 through 5 from 5 to 35.
  • An increase in the category reserved for emergency. Increased years 2 through 5 from 40 to 75.

Flooding Relief

May 21, 2019 CMS approved Appendix K: Emergency Preparedness and Response due to the historic flooding in Nebraska. 

Current Medicaid Waivers administered by DHHS Medicaid and Long-Term Care (MLTC):

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Appendix K for COVID-19 Preparedness and Response

The Medicaid Home and Community-Based Services Waiver Appendix K amendments for both DD waivers were submitted to CMS March 31, 2020 and approved on April 20, 2020. Appendix K is in response to the COVID-19 pandemic and outline temporary changes to the service delivery system.


Nebraska Legislature

The Developmental Disabilities Services Act can be found in Nebraska Revised Statute §§83-1202 to 83-1227. On the legislative page, the Act may be viewed by using the right arrow to move through statutes.