Newsroom > DHHS News Release

April 12, 2010

Marla Augustine, DHHS, Communications and Legislative Services, (402-471-4047),

Department of Health and Human Services Re-schedules Hearing to April 22 in Lincoln

Lincoln – A hearing to consider proposed regulations for home and community-based services for children with Autism Spectrum Disorder was scheduled for April 8, 2010. The Department of Health and Human Services is re-scheduling this hearing to April 22, 2010.

The hearing is being held to accept comments on proposed regulations for home and community-based services for children with Autism Spectrum Disorder under the Nebraska Medical Assistance Program, also known as Medicaid. These proposed changes will provide for services under the Nebraska Autism Treatment Program Act as follows:

  • Services: The Act provides for a service called early intensive behavior intervention (EIBI), which is a variety of therapies for young people with autism to assist them in acquiring, retaining, and improving the self-help, socialization, and adaptive skills necessary to reside successfully in home and community-based settings. The service is limited to a maximum length of 36 consecutive months. EIBI services must be initiated before the child is nine years old.
  • Eligibility: To be eligible to participate in this waiver, an individual must:
    1. Be eligible for Medicaid through the Nebraska Medical Assistance Program;
    2. Have a medical diagnosis of an Autism Spectrum Disorder or educational verification of autism;
    3. Meet the Intermediate Care Facility for the Mentally Retarded (ICF/MR) level of care criteria showing care needs equal to those of Medicaid-funded ICF/MR residents;
    4. Be a Nebraska resident and living at home with a caregiver;
    5. Participate in an assessment with a Services Coordinator, resulting in an outcome-based, cost-effective Service Plan;
    6. Have received an explanation of ICF/MR services and the waiver service and elected to receive the waiver service; and
    7. Demonstrate progress toward the attainment of treatment goals.
  • The individual is allowed to participate in only one Nebraska Home and Community-Based Waiver and there must be an available waiver slots. When applicable, the parent(s) must meet cost-sharing obligations.

    Anyone may attend and comment at the hearings or submit comments in writing. Written comments must be postmarked or received by 5:00 p.m. CT, April 24, 2010. They should be sent to DHHS Regulatory Analysis and Integration, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509; faxed to 402-742-2382; or e-mailed to

    If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call 402-471-9022. Persons with hearing impairments may call the DHHS at 402-471-9570 (voice and TDD) or the Nebraska Relay System at 711 or 800-833-7352 TDD.

    Draft regulations and DHHS hearing notices are available online at: