Proposed Regulations - Future Public Hearings

 
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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
Monday, June 8, 2020​Alternative Benefit Plans (ABP) (471 NAC 39)
Monday, June 8, 2020​Application Process (477 NAC 3), Effective Date of Medicaid Eligibility (477 NAC 4), Modified Adjusted Gross Income (MAGI) - Based Programs (477 NAC 19), and Heritage Health Adult Program (477 NAC 29)
Monday, June 8, 2020​Member Participation and Enrollment (482 NAC 2) and The Heritage Health Mangaged Care Core Benefits Package (482 NAC 4)
Thursday June 25, 2020​Preventive Health and Health Services (PHHS) Block Grant FY2020 Work Plan Please see information below.
Monday June 29, 2020​Chiropratic Services (471 NAC 5)

______________________________________________________________________________________________________________________

June 8, 2020
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 additional comments on the adoption of Title 471, Chapter 39 of the Nebraska Administrative Code (NAC) – Nebraska Alternative Benefit Plans.  The adoption of this new regulation chapter will outline the covered services in the Nebraska Prime Alternative Benefit Plan and the Nebraska Basic Alternative Benefit plan. The proposed new regulation will allow the Department of Health and Human Services to provide Medicaid services to eligible adults aged 19 through 64 years of age. Additional proposed changes include corrections to references, adjustments to benefit tier eligibility requirements, and the addition of a service type.  

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

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing. In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-0501; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, 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. Written comments must be postmarked or received by 5:00 pm CT June 8, 2020.

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, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (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 2 weeks prior to the hearing.

____________________________________________________________________________________________________________________________

June 8, 2020
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 additional comments on the proposed amendment to Title 477 Chapters 3, 4, 19, and the proposed adoption of Title 477 Chapter 29 of the Nebraska Administrative Code (NAC) – Medicaid Eligibility.   

The following regulations are proposed for AMENDMENT: 

Title 477 NAC 3 – Application Process 

The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. Additional proposed changes include removing the interview requirement for an application or renewal. 

Title 477 NAC 4 – Effective Date of Medicaid Eligibility 

The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. Additional proposed changes include updating retroactive eligibility language to remove the elimination of retroactive coverage. 

Title 477 NAC 19 – Modified Adjusted Gross Income (MAGI)-Based Programs 

The proposed changes will provide the eligibility regulations for the new adult group required by Neb. Rev. Stat. § 68-992. Additional proposed changes add language pertaining to the responsibilities of presumptive eligibility providers. 

The following regulations are proposed for ADOPTION: 

Title 477 NAC 29 – Heritage Health Adult Program 

The adoption of these regulations will provide the eligibility for the new adult group required by Neb. Rev. Stat. § 68-992. Additional proposed changes removes language regarding benefit tier reviews, wellness and personal responsibility, and good cause reasons.  

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

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing. In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-0501; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, 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.  Written comments must be postmarked or received by 5:00 pm CT June 8, 2020. 

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, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (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 2 weeks prior to the hearing.

____________________________________________________________________________________________________________________________

June 8, 2020
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 additional comments on proposed changes to Title 482, Chapters 2 and 4 of the Nebraska Administrative Code (NAC) – Nebraska Medicaid Managed Care.   

Title 482 NAC 2 – Member Participation and Enrollment 

The proposed changes will allow the managed care entities to enroll in the new Heritage Health Adult population, as required by Neb. Rev. Stat. § 68-992. Additional proposed changes include more consistent terminology when referring to benefit tiers. 

Title 482 NAC 4 – The Heritage Health Managed Care Core Benefits Package 

The proposed changes will allow the managed care entities to enroll in the new Heritage Health Adult population, as required by Neb. Rev. Stat. § 68-992. Additional proposed changes include correcting a citation in the regulations to refer to the intended chapter. 

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

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing. In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-0501; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, 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. Written comments must be postmarked or received by 5:00 pm CT June 8, 2020. 

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, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (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 2 weeks prior to the hearing.

____________________________________________________________________________________________________________________________

June 25, 2020
Nebraska State Office Building, Lower Level Conference Room B
301 Centennial Mall South, Lincoln, Nebraska
10:00 A.M. to 12:00 P.M. Central Time

Purpose of the Public Hearing

Solicit comments from the public regarding the Preventive Health and Health Services (PHHS) Block Grant FY2020 Work Plan.  

                                            FY2020 Work Plan Availability

The DRAFT FY2020 Work Plan will be posted June 18, 2020, on the Nebraska Department of Health and Human Services website here or http://dhhs.ne.gov/phhsbg 

To request a hard copy, call Syd Reinarz at 402.471.2101, or inquire at the 3rd floor DHHS information desk, Nebraska State office Building, 301 Centennial Mall South, Lincoln, NE 68509, and ask for Syd Reinarz or Suzanne Forkner.

Call to order - Caryn Vincent

Roll call / introduction of members - Syd Reinarz

Approval of agenda - Caryn Vincent

Approval of minutes of previous meeting - Caryn Vincent

Presentation of FY2020 funding proposals - Program Managers

Chronic Disease / Community Health / Comprehensive Cancer Control / Emergency Health Services / Epidemiology and Informatics / Health Disparities & Health Equity / Infectious Disease / Injury Prevention and Sexual Assault Set Aside / Oral Health / Performance Management  

*Public Hearing 11:00 a.m. – 11:30 a.m. - Caryn Vincent

Discussion and initial recommendations regarding FY2020 Work Plan - Committee

Confirm future meeting dates and desired agenda items - Caryn Vincent & Committee

Other business - Committee

Adjourn - Caryn Vincent

*Persons who testify at the Public Hearing are asked to provide a written copy of their comments on the day of the hearing. Written comments will be accepted through end of business, June 22, 2020, via email to Suzanne Forkner at Suzanne.Forkner@nebraska.gov or by USPS to PHHSBG Public Comments, PO Box 95026, Lincoln NE  68509-5026.

_____________________________________________________________________________________________________________________________ 

June 29, 2020
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 5 of the Nebraska Administrative Code (NAC) – Chiropractic Services.  These regulations govern chiropractic services provided by enrolled providers to eligible clients under Nebraska's Medicaid program. The proposed changes: remove the specific number of annual visits; require chiropractic services to be subject to medical necessity; include new coverage guidelines to be more consistent with the licensure and scope of practice for chiropractors; and increase the scope of what can be billed by a chiropractor.  Additionally, the Department removed duplicate statutory and inconsistent language in the regulations, restructured the regulatory chapter, and ensured 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). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-0501; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, 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. Written comments must be postmarked or received by 5:00 pm CT June 29, 2020.

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, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385.

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (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 2 weeks prior to the hearing.

_____________________________________________________________________________________________________________________________ 

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