Developmental Disabilities Regulations and Waivers

 
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Disabilities Assistance
Developmental Disabilities
 
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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

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.

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.

  • A participant can only be on one waiver at a time.
  • A participant can be on one waiver while waiting for a different waiver.
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Current Medicaid Developmental Disabilities (DD) Waivers

To be on a DD waiver, 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). Needs are determined by a yearly level of care assessment.

These waivers include the October 1, 2020 amendment for Medicaid Expansion.

The following waiver information is available:

Waiver Amendment for Medicaid Expansion

July 9, 2020 CMS approved amendments to the DD waivers to expand Medicaid coverage. With this amendment DHHS:

  • Added, in Appendix B, an additional Medicaid Eligibility Groups Served in the Waiver, to comport with Nebraska's expansion of Medicaid;
  • Revised sampling approach for data collection in Appendix G performance measure A.3; and
  • Revised incorrect language in the denominator of Appendix G performance measure C.3.

The effective date of the amendment is October 1, 2020.

COVID-19 Preparedness and Response Appendix K Amendment

CMS approved on April 20, 2020. Appendix K is in response to the COVID-19 pandemic and outline temporary changes to the service delivery system. Appendix K did not require public comment as it was in response to a state of emergency.

Technical Amendments to Increase Numbers

February 25, 2020

CMS approved a technical amendment. Changes to increase numbers did not require public or tribal comment as they were technical and in response to questions by CMS.

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.

September 9, 2019

CMS approved a technical amendment. Changes to increase numbers did not require public or tribal comment as they were technical and in response to questions by CMS.

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. Changes to increase numbers did not require public or tribal comment as they were technical and in response to questions by CMS.

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 Appendix K Amendment

May 21, 2019 CMS approved Appendix K: Emergency Preparedness and Response due to the historic flooding in Nebraska. Appendix K did not require public comment as it was in response to a state of emergency.

Other Medicaid HCBS Waivers

DHHS administers two other Medicaid Home and Community-Based Services Waivers. These are based on nursing facility level of care.

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.