Developmental Disabilities Regulations and Waivers

Disabilities Assistance
Developmental Disabilities

What would you like to do?

What would you like to do?

What you need to know

What you need to know


Developmental disabilities services must comply with state regulations, also 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.

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

To be eligible for the program, a person must have Medicaid. To apply for Medicaid:

HCBS Waivers Available for People with Developmental Disabilities - A quick look at the four Medicaid HCBS waivers available. (En Espanol)

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

Current Medicaid Waivers administered by The Division of Developmental Disabilities (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 persons with developmental disabilities (ICF-DD). A yearly level of care assessment determines need.

We are in the process of amending the developmental disabilities waivers. The 30-day public comment period ended January 9, 2019. To view drafts, see our public comment page.

On April 8, 2019, DHHS-DD submitted amendments to CMS as Appendix K: Emergency Preparedness and Response. This is to respond to the historic flooding in Nebraska. Appendix K did not require public comment as amendments are in response to a state of emergency. You may view these appendixes:

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

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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.