Proposed Regulations - Future Public Hearings

 
3
Statutes & Regs
Operational
No

What would you like to do?

What would you like to do?

What you need to know

What you need to know

Interested persons may attend the hearing and provide verbal or written comments or mail, fax or email written comments, no later than the day of the hearing to:

DHHS Legal Services,
PO Box 95026,
Lincoln, NE
68509-5026,
(402) 742-2382 OR
DHHS.Regulations@nebraska.gov, respectively.

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, Room 1305, State Capitol, Lincoln, NE, or by calling (402) 471-2385.

Tip

If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call (402) 471-8417. Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least two weeks before the hearing date. This notice is given in compliance with Neb. Rev. Stat. Section 84-907.

Public Hearings

Hearing DateSubjects
Friday August 16, 2019​Provider Participation (471 NAC 2)
Monday August 19, 2019​Nebraska Medicaid Managed Care (482 NAC 1 - 7)
Monday August 19, 2019​Community Aging Services (15 NAC 1 - 6)
Wednesday August 21, 2019​Residential Child-Caring Agencies (391 NAC 7), Child-Placing Agencies (391 NAC 8), and Licensing Group Homes, Child Caring Agencies, and Child Placing Agencies (474 NAC 6)
Thursday August 22, 2019​Foster Care Licensure (395 NAC 3)
Thursday August 22, 2019​School-Based Services (471 NAC 25)
Friday August 23, 2019​Guardianship Assistance Program (479 NAC 7)
Friday August 23, 2019​Adoption Assistance Program (479 NAC 8)
Monday September 16, 2019​Initial Assessment, Case Management, and Permanency (395 NAC 4, Indian Child Welfare Act (395 NAC 5), Alternative Response (395 NAC 9), Child Welfare and Juvenile Services (390 NAC 2-9, 11 & 12 REPEAL)
Monday September 16, 2019​Fees for Psychology Licenses (172 NAC 158)
Monday September 16, 2019​Rules of Practice and Procedures for Administrative Hearings Before the Department of Public Institutions (207 NAC 1)
Tuesday September 17, 2019​Adoption Forms and Certificate of Birth (174 NAC 2)
Tuesday September 17, 2019​Method of Amending Certificates and Reports (174 NAC 10)
Wednesday September 18, 2019​Medical Services Covered by Child Welfare Funds (471 NAC 41)
Wednesday September 18, 2019​Use of Automated External Defibrillators (172 NAC 14)
Wednesday September 18, 2019​Medical Eligibility (479 NAC 4)
Thursday September 19, 2019​Health Checks and Treatment Services for Conditions Disclosed During Health Check (EPSDT) (479 NAC 5) and Extended Assistance for Former Department Wards (479 NAC 6)
Thursday September 19, 2019​Regulations Governing Professional Advertising by Dentists (172 NAC 54)
Thursday September 19, 2019​Emergency Assistance to Needy Families (479 NAC 9)
Friday September 20, 2019​Licensing Requirements for Management of Radioactive Waste (180 NAC 12)
Friday September 20, 2019​Enforcement of Radiation Control Act and Rights to Hearing Procedures for Licensees and Registrants; Penalties (180 NAC 17)
Monday September 23, 2019​Administration (471 NAC 1)
Monday September 23, 2019​Nursing Home Administrators (172 NAC 106)
Monday September 23, 2019​Low Income Home Energy Assistance Program (476 NAC 1-3)
Monday September 23, 2019​Crematories (172 NAC 69)
Monday September 23, 2019​Intermediate Care Facility for Individuals with Developmental Disabilities (ICF/DD) Reimbursement Protection Act and Nursing Facility Quality Assurance Assessment Act. (405 NAC 1 & 2)
Monday September 23, 2019​Student Loan Program Under the Rural Health Systems and Professional Incentive Act and  Loan Repayment Program under the Rural Health Systems and Professional Incentive Act. (183 NAC 1 & 4)

_______________________________________________________________________________________________________________________________

August 16, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 471 Chapter 2 of the Nebraska Administrative Code (NAC) - Provider Participation  These regulations govern provider participation under Nebraska's Medicaid Program. The proposed changes set forth provider participation requirements, reasons for sanctions, provider disclosures, and update the screening and enrollment of Medicaid providers to include fingerprint based criminal background checks.  The proposed changes also remove duplicate statutory and inconsistent language from the regulations, restructure the regulatory chapter, and ensure compliance with the State Plan, other NAC chapters, federal law, and best practices.   

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 16, 2019.

_______________________________________________________________________________________________________________________________

August 19, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 482, of the Nebraska Administrative Code (NAC) – Nebraska Medicaid Managed Care. The proposed changes will implement three additional groups being enrolled into managed care; help move toward the phase out of the outdated claims payment system; will include the addition of a chapter for dental benefits manager; and update these regulations to conform to managed care waiver, program policy, and contracts.  The proposed regulations also include grammar and formatting changes.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 19, 2019.

_______________________________________________________________________________________________________________________________

August 19, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 15 Chapters 1-6 of the Nebraska Administrative Code (NAC) - Community Aging Services Act; Care Management Act; Long-Term Care Ombudsman Act. These regulations govern the Area Agencies on Aging under Nebraska's Medicaid Program. The proposed changes set forth requirements for agency and care management designations, area plans and budgets, nutrition programs, and the Senior Companion Volunteer Program. The proposed regulations revise the Long-Term Care Ombudsman Program federal regulations, update terminology, and remove repeated statutory language in the regulations.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 19, 2019.

_______________________________________________________________________________________________________________________________ 

August 21, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on the adoption and repeal of the following regulations: 

The following regulations are proposed for ADOPTION:  

Title 391 NAC 7Residential Child-Caring Agencies 

The proposed changes set forth: minimum education requirements, employment experience, training requirements, and fingerprint based national criminal history checks that must be submitted to and cleared before owning, managing, or being an employee of a facility. The proposed changes also establish acceptable forms of discipline, prohibit certain disciplinary techniques, require routine maintenance schedules, require agencies to establish a Bill of Rights for children, and set forth minimum space requirements for sleep, recreation, and privacy.  

Title 391 NAC 8Child-Placing Agencies 

The proposed changes set forth: minimum education requirements, training requirements, background checks that must be submitted to and cleared before owning, managing, or being an employee of an agency, and require agencies to establish a Bill of Rights for children.  

The following regulation is proposed for REPEAL in its entirety.  The relevant and needed portions of the current 474 NAC 6 are being moved into the proposed Title 391 NAC 7 & 8.  

Title 474 NAC 6 Licensing Group Homes, Child Caring Agencies, and Child Placing Agencies.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 21, 2019.

 _______________________________________________________________________________________________________________________________

August 22, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 395 Chapter 3 of the Nebraska Administrative Code (NAC) - Foster Care Licensure.  These regulations govern the licensure of foster care parents.  The proposed changes are based on updates to the Federal Model Home Licensing Standards and are not a change to current policy.  The proposed regulations include: new safety provisions governing the foster family residence; new applicant requirements related to communication skills, health, income and resources, housing, and transportation; and updates to foster parent training curriculum.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 22, 2019.

_______________________________________________________________________________________________________________________________ 

August 22, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 471 Chapter 25 of the Nebraska Administrative Code (NAC) - School-Based Services.  These regulations govern services provided in schools under the Medical Assistance Act and (Neb. Rev. Stat.) §§ 68-901 to 68-991, and Neb. Rev. Stat. § 43-2511.  The proposed changes expand the services delivered in schools that are available to receive reimbursement by Nebraska Medicaid. The proposed additional services to be added for reimbursement are: nursing, mental health, personal assistance services, vision, and transportation.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 22, 2019.

_______________________________________________________________________________________________________________________________

August 23, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 479 Chapter 7 of the Nebraska Administrative Code (NAC) - Guardianship Assistance Program. These regulations govern the guardianship assistance agreements that may be entered into with the Department per state statute, or Title IV-E of the Social Security Act. The proposed changes set forth the application process, eligibility criteria, establish what can be included in guardianship assistance agreements, clarify the utilization of an established rate tool to determine assistance payments, and removes some special service provisions.  The proposed changes also remove internal direction to staff from the regulations and updates formatting. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 23, 2019.

_______________________________________________________________________________________________________________________________

August 23, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 479 Chapter 8 of the Nebraska Administrative Code (NAC) - Adoption Assistance Program.  These regulations govern adoption assistance agreements that may be entered into with the Department per state statute or Title IV-E of the Social Security Act.  The proposed changes made revisions to the application process, clarified eligibility criteria for all children regardless of funding source, revised eligibility criteria for adoption assistance agreements in a private adoption, removes some special service provisions, amended appeal rights to comply with federal regulations, removed internal direction to staff from the regulations and updated the formatting.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT August 23, 2019.

_______________________________________________________________________________________________________________________________

September 16, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on the proposed adoption of new regulations, proposed amendment to current regulations, and the repeal of the following regulations:  

The following regulations are proposed for ADOPTION: 

Title 395 NAC 4Initial Assessment, Case Management, and Permanency 

The proposed new chapter of regulations governs contact with children who may be a witness or alleged victim of abuse or neglect; accepting relinquishments of parental rights; extended guardianship assistance, including appropriate use of funds; and extended adoption assistance, including appropriate use of funds. 

Title 395 NAC 5Indian Child Welfare Act 

The proposed new chapter of regulations sets forth the standards and procedures for the Department's review of cases subject to the Nebraska Indian Child Welfare Act.  

The following regulations are proposed for AMENDMENT:

Title 395 NAC 9Alternative Response 

The proposed changes remove repeated statutory language from the regulations, add a definition of family plan, modify the exclusionary and review, evaluate, decide (RED) team criteria, and update formatting. 

The following regulations are proposed for REPEAL in their entirety.  The relevant portions of the following chapters are being moved into the proposed Title 395 NAC 4.  

Title 390 NAC 2Supports

Title 390 NAC 3Overview Of The Intake Function

Title 390 NAC 4Initial Assessment Phase for Child Protection Services and Status Offense Cases  

Title 390 NAC 5Ongoing Services Phase

Title 390 NAC 6Permanency Objectives

Title 390 NAC 7Out-Of-Home Placement

Title 390 NAC 8Court and Legal Issues

Title 390 NAC 9Interstate Compact on the Placement of Children (ICPC)

Title 390 NAC 11Specific Issues For The Children In The Custody Of The Department

Title 390 NAC 12County Juvenile Services Aid Program

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 16, 2019.

_______________________________________________________________________________________________________________________________
September 16, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 172, Chapter 158 of the Nebraska Administrative Code (NAC) – Fees for Psychology Licenses.   The regulations are proposed for REPEAL in their entirety as the regulations are duplicative of Title 172 NAC 2, which governs fees for all professions governed by the Uniform Credentialing Act, including psychology licensing fees.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 16, 2019.

_______________________________________________________________________________________________________________________________

September 16, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on the proposed REPEAL of Title 207, Chapter 1 of the Nebraska Administrative Code (NAC) – Rules of Practice and Procedures for Administrative Hearings Before the Department of Public Institutions.  The regulations are proposed for REPEAL in their entirety as the Department of Public Institutions no longer exists and the regulations regarding contested hearings before the Department can be found in Title 465 Nebraska Administrative Code (NAC), Introduction to the Program Manual.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 16, 2019.

_______________________________________________________________________________________________________________________________

September 17, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title174, Chapter 2 of the Nebraska Administrative Code (NAC) – Adoption Forms and Certificate of Birth. These regulations are comprised of forms related to adoptions and the release of information.  The regulations are proposed for REPEAL in their entirety as the regulations are unnecessary as the public is not required to utilize the forms established in regulations.  The forms will still be available for public use.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 17, 2019.

_______________________________________________________________________________________________________________________________

September 17, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 174 Chapter 10, of the Nebraska Administrative Code (NAC) – Method of Amending Certificates and Reports.  These regulations identify methods the agency uses to amend vital records certificates and reports.  The regulations are proposed for REPEAL in their entirety as the regulations governed internal agency process and are unnecessary.  The process by which the agency amends vital records certificates and reports will be established by internal policy.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 17, 2019.

_______________________________________________________________________________________________________________________________

September 18, 2019
Nebraska State Office Building, Lower Level Conference Room A
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 471, Chapter 41 of the Nebraska Administrative Code (NAC) - Medical Services Covered by Child Welfare Funds. The regulations are proposed for REPEAL in their entirety as these regulations are included in other 471 Chapters.  These regulations are no longer necessary.  

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 18, 2019.

_______________________________________________________________________________________________________________________________

September 18, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 172, Chapter 14 of the Nebraska Administrative Code (NAC) – Use of Automated External Defibrillators. These regulations govern the acquiring and use of automated external defibrillators. The regulations are proposed for REPEAL in their entirety as the regulations are duplicative of statutory language and are unnecessary.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 18, 2019.

_______________________________________________________________________________________________________________________________

September 18, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on the proposed REPEAL of Title 479, Chapter 4 of the Nebraska Administrative Code (NAC) – Medical Eligibility.  The regulations govern eligibility for medical care and services for children who do not have sufficient income to meet their medical needs.  The regulations are proposed for REPEAL in their entirety as the regulations are duplicative of regulations found in Title 471 NAC (services), Title 477 NAC (eligibility), and Title 482 NAC (managed care) under the Division of Medicaid and Long-Term Care.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 18, 2019.

_______________________________________________________________________________________________________________________________

September 19, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of the following regulations: 

Title 479, Chapter 5 of the Nebraska Administrative Code (NAC) – Health Checks and Treatment Services for Conditions Disclosed During Health Check (EPSDT).  The regulations govern the health checks of children in the child welfare system who are covered by Medicaid.  The regulations are proposed for REPEAL in their entirety as the regulations are duplicative of the Division of Medicaid and Long-Term Care regulations found in Title 471 NAC 33.  

Title 479, Chapter 6 of the Nebraska Administrative Code (NAC) - Extended Assistance for Former Department Wards.  The regulations govern services provided to former state wards.  The regulations are proposed for REPEAL in their entirety as the regulations govern a program that is no longer in existence for the former state ward population.  Extended services for former state wards are now covered under the Bridge to Independence program and can be found in 395 NAC 10. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 19, 2019.

_______________________________________________________________________________________________________________________________

September 19, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 172, Chapter 54 of the Nebraska Administrative Code (NAC) - Regulations Governing Professional Advertising by Dentists. The regulations are proposed for REPEAL in their entirety as the regulations are unnecessary and duplicative of statutory language and other regulations found in 172 NAC 56.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 19, 2019.

_______________________________________________________________________________________________________________________________

September 19, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 479, Chapter 9 of the Nebraska Administrative Code (NAC) – Emergency Assistance to Needy Families. The regulations are proposed for REPEAL in their entirety as the regulations are duplicative of the current 468 NAC 6, which governs Emergency Assistance to Needy Families with Children.  

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 19, 2019.

_______________________________________________________________________________________________________________________________

September 20, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 180 Chapter 12, of the Nebraska Administrative Code (NAC) – Licensing Requirements for Management of Radioactive Waste. These regulations govern the procedures, criteria, and terms and conditions for issuing licenses for low level radioactive waste management facilities. The regulations are proposed for REPEAL in their entirety as the regulations are unnecessary due to there being no current or planned low level radioactive waste facilities in Nebraska. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 20, 2019.

_______________________________________________________________________________________________________________________________

September 20, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed REPEAL of Title 180, Chapter 17 of the Nebraska Administrative Code (NAC)-Enforcement of Radiation Control Act and Rights to Hearing Procedures for Licensees and Registrants; Penalties. These regulations govern contested hearings applicants or licensees of certification to use radiation sources issued under the Radiation Control Act.  The regulations are proposed for REPEAL in their entirety as these regulations are duplicative of statutory language contained in the Radiation Control Act and the Administrative Procedures Act and are unnecessary.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 20, 2019.

_______________________________________________________________________________________________________________________________

September 23, 2019
Nebraska State Office Building, Lower Level Conference Room A
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 471, Chapter 1 of the Nebraska Administrative Code (NAC) – Administration. The regulations govern the administration of services provided under Nebraska's Medicaid Program.  The proposed regulations incorporate restricted services to medical services in Medicaid fee for service and Managed Care.  The proposed changes also remove duplicate statutory and inconsistent language from the regulations, restructure the regulatory chapter, and ensure compliance with the State Plan, other NAC chapters, federal law, and best practices.  

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 23, 2019.

_______________________________________________________________________________________________________________________________

September 23, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 172, Chapter 106 of the Nebraska Administrative Code (NAC) – Nursing Home Administrators. The regulations govern the credentialing of nursing home administrators.  The proposed changes remove all duplicative statutory language from the regulations and removes any repetitive regulatory language that is found in 172 NAC 10.  The proposed changes also update: the content of training requirements; content of administrator-in-training or mentoring program requirements; continuing education content areas for renewal and reinstatement of a credential; and core education to include additional programs to meet educational criteria for licensure.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 23, 2019.

_______________________________________________________________________________________________________________________________

September 23, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
10:00 A.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 476, Chapters 1-3 of the Nebraska Administrative Code (NAC) – Low Income Home Energy Assistance Program.  This title governs the administration of the federally subsidized Low Income Home Energy Assistance Program (LIHEAP).  The proposed changes remove any repeat of federal regulations from Title 476, remove direction to staff, and update formatting.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 23, 2019.

_______________________________________________________________________________________________________________________________

September 23, 2019
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to Title 172, Chapter 69 of the Nebraska Administrative Code (NAC) – Crematories. The regulations govern the licensing of crematories.  The proposed changes remove duplicative statutory language from the regulations; extend the time a human body may be held in refrigeration; and update formatting.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 23, 2019.

_______________________________________________________________________________________________________________________________

September 23, 2019
Nebraska State Office Building, Lower Level Conference Room A
301 Centennial Mall South, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on proposed changes to the following regulations: 

Title 405 NAC 1Intermediate Care Facility for Individuals with Developmental Disabilities (ICF/DD) Reimbursement Protection Act.  

The proposed changes remove duplicate statutory language from the regulations and update formatting.  There are no other substantive changes to the regulations. 

Title 405 NAC 2 Nursing Facility Quality Assurance Assessment Act.  

The proposed changes remove duplicate statutory language from the regulations and update formatting.  There are no other substantive changes to the regulations.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 23, 2019.

_______________________________________________________________________________________________________________________________

September 23, 2019
Gold's Building, Room 534
1033 O Street, Lincoln, Nebraska
1:00 P.M. Central Time

The purpose of this hearing is to receive comments on the adoption of amendments to and repeal of the following regulations: 

The following regulation is proposed for AMENDMENT:  

183 NAC 1 Student Loan Program Under the Rural Health Systems and Professional Incentive Act

The proposed changes will remove any duplicate statutory language from the regulations; streamline the regulations by combining the current Chapters 1 and 4 into one chapter of regulation; add language regarding medical residency; and update formatting.  

The following regulation is proposed for REPEAL in its entirety.  Relevant portions of the current Chapter 4 are being included in the proposed amendments to Chapter 1.  

183 NAC 4Loan Repayment Program under the Rural Health Systems and Professional Incentive Act.

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Written comments must be postmarked or received by 5:00 pm CT September 23, 2019.

_______________________________________________________________________________________________________________________________

Public Notices of Proposed Medicaid Payment Rate Changes

Special funding provision for governmental nursing facilities

This notice is given in compliance with 42 CFR 447.205 and Section 1902(a)(13)(A) of the Social Security Act. The Department of Health and Human Services Division of Medicaid and Long Term Care hereby provides notice of a special funding provision for governmental nursing facilities.

City and county-owned and operated nursing facilities will be eligible to receive the federal financial participation share of allowable costs exceeding the rates paid for the direct nursing, support services, and fixed cost components for all Medicaid residents effective July 1, 2016. The reimbursement is subject to the payment limits of 42 CFR 447.272. 
Comments pertaining to the aforementioned may be submitted to the Department of Health and Human Services Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, Nebraska 68509-5026. Fax (402) 742-2382 or e-mail to DHHS.Regulations@nebraska.gov. Copies of this change are also available for viewing at each local office of the Department of Health and Human Services.

Posted: June 30, 2016

Rates for new services covered under the Medicaid

The Social Security Act. The Department of Health and Human Services Division of Medicaid and Long Term Care hereby provides notice of rates for new services covered under the Medicaid program: multisystemic therapy and functional family therapy. The estimated increase in annual aggregate expenditures by the benefit category or service being affected is as followed:

FFY16: $456,745 (FF $263,591, GF $193,154)
FFY17: $2,255,233 (FF $1,340,240, GF $914,994)
FFY18: $3,539,994 (FF $2,104,610, GF $1,435,382)

Multisystemic Therapy and Functional Family Therapy

Rates:

Multisystemic TherapyModifierService Rate
Procedure Code H2033nonePer 15 minute increments

$38.28


 

Functional Family Therapy ModifierServiceRate
Procedure Code 90832 U9Psychotherapy 30 minutes$63.91
Procedure Code 90834U9Psychotherapy 45 minutes $95.87
Procedure Code 90837U9Psychotherapy 60 minutes $127.82
Procedure Code 90846U9Family therapy without identified client present$102.52
Procedure Code 90847U9Family therapy with identified client present$106.10

Comments pertaining to the aforementioned may be submitted to at the Department of Health and Human Services Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, Nebraska 68509-5026. Fax (402) 742-2382 or e-mail to DHHS.Regulations@nebraska.gov. Copies of this change are also available for viewing at each local office of the Department of Health and Human Services.

Posted:  June 30, 2016

Update July 12, 2016 (The only change from the original June 30, 2016 posting is the Procedure Code for “Family therapy with identified client present" changed from 90846 to 90847.)

Payment rate change for some Medicaid covered services for Nebraska eligible clients

NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Notice:

This notice is given in compliance with 42 CFR 447.205 and Section 1902(a)(13)(A) of the Social Security Act. The Department of Health and Human Services Division of Medicaid and Long Term Care hereby provides notice of Medicaid payment rate change for some Medicaid covered services for Nebraska eligible clients. Medicaid will implement a 2.00% increase in provider rates and an additional .25% increase for behavioral health, nursing facilities, assisted living and ICF-DD providers effective July 1, 2016. The rate increase is the result of an increase in appropriations by the Nebraska Legislature in LB657 (2015). The estimated increase in annual aggregate expenditures by the benefit category or service being affected is as followed:

ALL SERVICE TYPES
TotalGFFF
Inpatient Hospital$977,613$477,466$500,147
Physicians (excl primary care)$1,036,688$506,318$530,370
Dental$493,830$241,186$252,644
Capitated Svcs$12,888,478$6,294,733$6,593,745
Outpatient Hospital$1,052,306$513,946$538,360
Nursing Facility$7,280,720$3,555,904$3,724,816
Lab$24,749$12,088$12,661
Radiology$28,983$14,156$14,827
Home Health/PAS/Hospice$662,553$323,591$338,962
All Other$12,334,139$6,023,993$6,310,146
TOTAL$36,780,058$17,963,380$18,816,678

• Ambulance
• Chiropractic
• Dental
• Durable Medical Equipment and Supplies, including Orthotics and Prosthetics
• Health Check
• Hearing Aids
• Home Health Agency
• Hospitals (non-Critical Access Hospitals)
• Mental Health and Substance Abuse
• Non-Emergency Transportation
• Nursing Services
• Occupational Therapy
• Personal Assistance Services
• Physical Therapy
• Physicians (excluding primary care codes)
• Podiatry
• Speech Pathology and Audiology
• Visual Care

The current and revised rate and fee schedules will be available online for public view. The schedules are also available for viewing at each local office of the Department of Health and Human Services. 

Comments may be submitted to and reviewed by the public at the Department of Health and Human Services Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, Nebraska 68509-5026. Fax (402) 742-2382 or e-mail to DHHS.Regulations@nebraska.gov.

Posted: June 30, 2016

Special funding provision for governmental nursing facilities

This notice is given in compliance with 42 CFR 447.205 and Section 1902(a)(13)(A) of the Social Security Act. The Department of Health and Human Services Division of Medicaid and Long Term Care hereby provides notice of a special funding provision for governmental nursing facilities.

City and county-owned and operated nursing facilities will be eligible to receive the federal financial participation share of allowable costs exceeding the rates paid for the direct nursing, support services, and fixed cost components for all Medicaid residents effective July 1, 2016. The reimbursement is subject to the payment limits of 42 CFR 447.272.  The estimated increase in annual aggregate federal expenditures for this benefit is $120,000.00

Comments pertaining to the aforementioned may be submitted to the Department of Health and Human Services Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, Nebraska 68509-5026. Fax (402) 742-2382 or e-mail to DHHS.Regulations@nebraska.gov. Copies of this change are also available for viewing at each local office of the Department of Health and Human Services.

Posted: June 30, 2016

New payment methodology for Federally Qualified Health Centers

This notice is given in compliance with 42 CFR 447.205 and Section 1902(a)(13)(A) of the Social Security Act. The Department of Health and Human Services Division of Medicaid and Long Term Care hereby provides notice of Medicaid payment methodology change for Federally Qualified Health Centers (FQHCs).
 
The State of Nebraska currently reimburses FQHCs under the Prospective Payment System (PPS) rate methodology. Payment for FQHCs is guided by Section 1902(bb) of the Social Security Act, which defines parameters for a prospective payment system (PPS), and includes the option of an alternative payment methodology. FQHCs provide an essential primary care backbone for the Nebraska Medicaid delivery system. FQHCs serve low income and underserved populations, including but not limited to: migrant, homeless, and school based populations, and public housing residents. FQHCs provide a scope of services including: primary medical, dental, and behavioral health, case management and enabling services, such as interpretation. Services are provided on a discount fee schedule and no one is refused services based on inability to pay. Thus, the State of Nebraska intends to update the reimbursement methodology to reflect the federally approved Alternative Payment Methodology (APM) for FQHCs.
 
The State of Nebraska has elected to cover services for Nebraska eligible clients under the APM rate consistent with the PPS rate. Also similar to the PPS rate, the APM rate will exclude dental costs as FQHCs will continue to be reimbursed fee-for-service (FFS) for dental services outside of the APM rate. The implementation of the proposed payment methodology may result in an estimated increase in annual aggregate expenditures of $4.5 million dollars.
 
The effective date of the FQHC payment methodology change is January 1, 2016.
 
The current and revised rate schedules are available for public view at each local office of the Department of Health and Human Services. 
 
Comments may be submitted to and reviewed by the public at the Department of Health and Human Services Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, Nebraska 68509-5026. Fax (402) 742-2382 or e-mail to dhhs.regulations@nebraska.gov