Proposed Regulations - Future Public Hearings

 
3
Statutes & Regs
Operational
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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 - Scroll Down to View Description of Hearing

Hearing DateSubjects
Friday October 25, 2019​Child Care Subsidy Program (392 NAC 1 - 6)
Tuesday October 29, 2019​Licensure of Occupational Therapy (172 NAC 114)
Friday, November 1, 2019​Diagnostic X-Rays Other Than Dental Radiation Generating Equipment in the Healing Arts (180 NAC 6) and Dental Radiographic Equipment (180 NAC 21 REPEAL)
Friday, November 1, 2019​Registration of Radiation Generating Equipment Facilities and Services (180 NAC 2)
Monday, November 4, 2019​Screening of Infants for Inherited and Congenital Infant or Childhood-On-Set Diseases (181 NAC 2)
Monday, November 4, 2019​Rabies Control Program (173 NAC 5)
Tuesday November 12, 2019​Aid to Dependent Children (468 NAC 1 - 6)
Wednesday November 13, 2019​Social Services for Families, Children, and Youth (474 NAC 1-3, 5)
Thursday December 12, 2019​Licensure of Mental Health Practitioners and the Certification of Marriage and Family Therapists, Professional Counselors, and Social Workers (172 NAC 94)
Monday December 16, 2019​Supplemental Nutrition Assistance Program (475 NAC 1 - 5)
Monday December 16, 2019​Child Support Enforcement Program (466 NAC 1 - 13)

______________________________________________________________________________________________________________________________

October 25, 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 392 of the Nebraska Administrative Code (NAC) – Child Care Subsidy Program. The proposed changes will streamline the regulations by removing direction to staff and duplicative statutory language from the regulations and condensing six chapters of regulations down to five chapters.  The proposed changes will: implement the federally required changes under the 2014 Reauthorization to the Child Care and Development Block Grant; update definitions; extend eligibility for three months of job search; allow for homeless ness to be a need for service; allow for continued eligibility through the remainder of the certification period the family's income does not exceed 85% state median income; no longer allow for sliding fee adjustments to a higher amount during the certification period; require providers to meet pass background checks and complete trainings prior to receiving subsidy payments; require providers to be age 19 or older; require providers to complete pre-service orientation; and allow providers to bill up to five absence days per month.

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 October 25, 2019.

______________________________________________________________________________________________________________________________

October 29, 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 114 of the Nebraska Administrative Code (NAC) – Licensure of Occupational Therapy. The chapter provides the requirements for education, experience, examination, and documentation to be licensed as an occupational therapist or occupational therapy assistant. The proposed changes remove all duplicative statutory language from the regulations and removes any repetitive regulatory language that is found in 172 NAC 10; revise definitions; clarify activities considered unprofessional conduct; 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 October 29, 2019.

______________________________________________________________________________________________________________________________

November 1, 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 the adoption of amendments to and repeal of the following regulations in Title 180 of the Nebraska Administrative Code (NAC) – Control of Radiation

The following chapter is proposed for AMENDMENT:  

180 NAC 6 – Diagnostic X-Rays Other Than Dental Radiation Generating Equipment in the Healing Arts. The chapter governs the use of diagnostic x-ray equipment and imaging systems to engage in the hearing arts, dental healing arts, or veterinary medicine. The proposed changes add the use of dental radiation generating equipment; add requirements outlining the radiation safety attributes for hand-held dental intraoral equipment; add requirements specific to cone beam computed tomography equipment; allow for radiation exposure for research purposes provided the research is approved by an institutional review board and is conducted under federal regulations; remove unnecessary language, repeated language found in federal regulations, and repeated statutory language from the regulations; and update formatting.  

The following chapter is proposed for REPEAL in its entirety: 

180 NAC 21 – Dental Radiographic Equipment. This chapter is proposed for repeal as it is a repeat of requirements found in other chapters within Title 180.

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 November 1, 2019.

______________________________________________________________________________________________________________________________

November 1, 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 180, Chapter 2 of the Nebraska Administrative Code (NAC) – Registration of Radiation Generating Equipment Facilities and Services. The regulations govern the registration of radiation generating equipment facilities and the registration of persons installing, repairing, calibrating, demonstrating, and selling radiation generating equipment.  The proposed changes merge two categories of service registration for entities that provide consultation and radiation shielding review services to x-ray equipment registrants; remove duplicative statutory language from the regulation; 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 November 1, 2019.

______________________________________________________________________________________________________________________________

November 4, 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 181, Chapter 2 of the Nebraska Administrative Code (NAC) – Screening of Infants for Inherited and Congenital Infant or Childhood-On-Set Diseases.  The proposed changes will update outdated terminology, correct spelling errors and clarify definitions.

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 November 4, 2019.

______________________________________________________________________________________________________________________________

November 4, 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 173, Chapter 5 of the Nebraska Administrative Code (NAC) – Rabies Control Program. The chapter details the regulations for rabies control and prevention in accordance with the State's Rabies Program. The proposed changes update vaccinations of domestic animals; provisions related to seizure, confinement, testing, and disposition of domestic animals that expose humans to rabies; and post exposure management of domestic animals and livestock.  

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 November 4, 2019.

______________________________________________________________________________________________________________________________

November 12, 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 468 of the Nebraska Administrative Code – Aid to Dependent Children. Title 468 governs the Aid to Dependent Children Program, which provides assistance to needy families so that children can be cared for in their own home and reduces the dependency of needy parents. The proposed changes remove direction to staff and duplicative statutory language from the regulations and restructure the title to condense the regulations from six chapters to five chapters.  The proposed changes also update the vehicle purchase amount maximum to reflect the market area amounts; increase the maximum payment amount for Emergency Assistance to better resolve unexpected crisis situations and housing costs; 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 November 12, 2019.

______________________________________________________________________________________________________________________________

November 13, 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 474, Chapters 1, 2, 3, and 5 of the Nebraska Administrative Code (NAC) – Social Services for Families, Children, and Youth. The proposed changes restructure the title, condensing it from four chapters into two chapters; outline the application process, eligibility for services, and delivery of services for the public; ensure homemaker and transportation services are operated within state and federal guidelines; implement the Nebraska Domestic Violence Act, in compliance with state statute; remove direction to staff; remove duplicative regulatory language found in other regulations; 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 November 13, 2019.

______________________________________________________________________________________________________________________________ 

December 12, 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 172, Chapter 94 of the Nebraska Administrative Code (NAC) – Licensure of Mental Health Practitioners and the Certification of Marriage and Family Therapists, Professional Counselors, and Social Workers. The chapter provides the requirements for education, experience, examination, and documentation to be licensed as an independent mental health practitioner, marriage and family therapist, professional counselor, master social worker, and social worker. The proposed changes remove all duplicative statutory language from the regulations and removes any repetitive regulatory language that is found in 172 NAC 10; clarify the requirement for a license regardless of how services are delivered to clients who are present in Nebraska at the time of service; update definitions; update supervision requirements; revise unprofessional conduct standards to include language relating to discrimination, professional records, and referrals; revise continuing education requirements to remove the maximum number of hours allowed per program type and includes additional options for obtaining continuing education; update education requirements; 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 December 12, 2019.

______________________________________________________________________________________________________________________________

December 16, 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 475, Chapters 1-5 of the Nebraska Administrative Code (NAC) – Supplemental Nutrition Assistance Program.  These regulations establish criteria for eligibility and govern the application process and any requirement for receiving benefits. The proposed regulations remove any repeat of statutory language, duplicative language, and direction to staff from the regulations; update definitions; update the timeframe for cooperation with Quality Control; allow for recipients of the Low-Income Energy Assistance Program to receive the standard utility allowance even if they are not in program case name; add disqualifications for certain felonies; add a disqualification due to substantial gambling or lottery winnings; add requirements for recipients of benefits to cooperate with child support enforcement; update transitional eligibility criteria to allow for benefits only when a household exceeds the income limits of the Aid to Dependent Children program; add language regarding certification period lengths for elderly/disabled households; ensure compliance with state and federal law changes; 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 December 16, 2019.

______________________________________________________________________________________________________________________________

December 16, 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 Title 466 Chapters 1-13, of the Nebraska Administrative Code (NAC) – Child Support Enforcement Program.  The proposed regulations remove any repeat of statutory language and direction to staff from the regulations; consolidate and streamline the regulations; ensure compliance with state and federal law changes; and update formatting.  The proposed regulations also change provisions regarding Medicaid as health care coverage; change provisions relating to incarcerated persons to conform to statute; and add requirements for recipients Supplemental Nutrition Assistance Program benefits to cooperate with child support enforcement.

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 December 16, 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