Upcoming Public Hearings on
Proposed DHHS Regulations
 
Public Notices of Proposed
Medicaid Payment Rate Changes  

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Interested persons are invited to submit written comments or to attend and comment at the hearings. Written comments must be postmarked or received by 5:00 p.m. CT the day of the hearing, and should be e-mailed to DHHS.Regulations@nebraska.gov, faxed to 402-742-2382, or sent to DHHS Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026. Copies of written comments and names of persons submitting them will be available after the hearing from DHHS as above.
 
Draft regulations are found at http://www.sos.ne.gov. Draft regulations are also available at DHHS as above, phone 402-471-8223, and at the office of the Secretary of State, Regulations Division, State Capitol Room 1305, Lincoln, NE 68509, phone 402-471-2385.  Draft fiscal impact statements for these regulations are available at DHHS as above.
 
If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call 402-471-8223. For persons with hearing impairments, please 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 before the hearing date. This notice is given in compliance with Neb. Rev. Stat. Section 84-907.
 
The link for each hearing date below will take you to the Notice of Public Hearings for that date.
Hearing Date      Subjects
Friday July 31, 2015 ​Low-Income Home Energy Assistance Program State Plan
Thursday August 13, 2015 ​Community Services Block Grant State Plan
Monday August 17, 2015 ​Standard of Need Increase
Friday August 21, 2015 ​Child Welfare Alternative Response
Friday August 21, 2015 ​Kinship Guardianship
Thursday August 27, 2015 ​ICD-10 REFERENCES
Public Notice
(published 6/9/15 & 6/10/15)
​SFY16-RATES
Public Notice
(published 7/31/14)
​Hospital Supplemental Payment

Public Notice
(published 6/9/14)

​SFY 15 Rates
Public Notice
(published 6/7/12)
​​Amended Indian Health Services Nursing Facility Medicaid Reimbursement Methodology

 


Friday July 31, 2015
State Office Building, Lower Level B
301 Centennial Mall South, Lincoln, NE
 
The Department of Health and Human Services (DHHS) Division of Children and Family Services is holding this hearing to accept comments on proposed state plan for:
 
• The Low-Income Home Energy Assistance Program for the period of October 1, 2015 through September 30, 2016.  The state plan is submitted annually to the federal Department of Health and Human Services, which provides funding to states to assist low-income individuals and families with home heating and cooling costs.  The plan describes Nebraska’s program, including eligibility requirements and benefit guidelines.  The proposed plan is available from Mike Kelly, LIHEAP Program Specialist, at Mike.Kelly@nebraska.gov, 402-471-9262, or P.O. Box 95026, Lincoln, NE 68509.
 
Written comments should be submitted by 5:00 p.m. CT on August 14, 2015 and sent to the address above.

Thursday August 13, 2015
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The Department of Health and Human Services Division of Children and Family Services is holding this hearing to accept comments on its proposed state plan for:
 
• The Community Services Block Grant (CSBG) for the period of October 1, 2015 through September 30, 2016.  The state plan is submitted biennially to the federal Department of Health and Human Services. This one year plan is an update to the existing FY2015-2016 plan approved in 2014.  The CSBG is an anti-poverty federal grant providing the base funding for Nebraska’s nine local Community Action Agencies, which operate programs and services to low-income families statewide.  The CSBG also provides discretionary dollars used to fund specific programs or initiatives.  The plan describes Nebraska’s use of CSBG funds, including eligible entities, the service delivery system, and developing or ongoing initiatives.  The proposed plan is available at http://dhhs.ne.gov/children_family_services/Pages/CSBGIndex.aspx or from Jennifer Dreibelbis, CSBG Program Specialist, at Jennifer.dreibelbis@nebraska.gov, 402-471-9346, or P.O. Box 95026, Lincoln, NE 68509.
 
Written comments should be submitted by 5:00 p.m. CT on August 13, 2015 and sent to the address above.

Monday August 17, 2015
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
  
The Department of Health and Human Services (DHHS) Division of Children and Family Services is holding a hearing to accept comments on proposed changes to regulations related to the Aid to Dependent Children (ADC) Standard of Need. These regulations are found in Title 468, Chapter 2 of the Nebraska Administrative Code (NAC).  The proposed changes will:
 
Adjust the ADC Standard of Need (SON) as required biennially by Neb. Rev. Stat.  §43-513 to reflect changes in the Consumer Price Index. This increase impacts ADC families with earned income by increasing the amount of earnings which are forgiven or disregarded in the ADC budgeting process. 
 
Authority for these regulations is found in Neb. Rev. Stat. §§43-513 and 81-3117(7).
 
Written comments must be postmarked or received by 5:00 p.m. CT August 17, 2015. 

Friday August 21, 2015
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The Department of Health and Human Services (DHHS) Division of Children and Family Services is holding this hearing to accept comments on proposed changes to regulations related to the Alternative Response Program. These regulations are found in Title 395, Chapter 9 of the Nebraska Administrative Code (NAC). 
 
These are new regulations which implement and govern alternative response under the Child Protection and Family Safety Act.  Alternative response allows DHHS to offer supports and services to families whose cases do not require an investigation or formal determination of whether child abuse or neglect occurred.
  
Authority for these regulations is found in Neb. Rev. Stat. 28-712 (4) and 81-3117(7).
 
Written comments must be postmarked or received by 5:00 p.m. CT August 21, 2015.
 
 Friday August 21, 2015
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
  
The Department of Health and Human Services (DHHS) Division of Children and Family Services is holding this hearing to accept comments on proposed changes to regulations related to continued eligibility for a kinship guardianship subsidy. These regulations are found in Title 479, Chapter 7 of the Nebraska Administrative Code (NAC).  The proposed changes will  allow a child participating in the kinship guardianship assistance program to remain eligible in the event the child’s relative guardian dies or becomes incapacitated. This change is necessary to remain in compliance with Title IV-E requirements.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7) and 42 U.S.C. 673(d)(3).
 
Written comments must be postmarked or received by 5:00 p.m. CT August 21, 2015.

Thursday August 27, 2015
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The Department of Health and Human Services (DHHS) Division of Medicaid and Long-Term Care is holding this hearing to accept comments on proposed changes to regulations related to Medicaid provider coding. These regulations are found in Title 471, Chapter(s) 10, 12, and 31 of the Nebraska Administrative Code (NAC).  The proposed changes will update Medicaid regulations to reflect the new ICD-10 diagnosis coding system, which providers must use beginning October 1, 2015.
 
Authority for these regulations is found in Neb. Rev. Stat. Section 81-3117(7), 45 C.F.R. Part 162, and Pub. L. 113-93.
 
Written comments must be postmarked or received by 5:00 p.m. CT August 27, 2015.

 
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, 2015. The rate increase is the result of an increase in appropriations by the Nebraska Legislature in LB657 (2015).
The rate increase will exclude enhanced primary care procedure codes, prescription drugs, clinical laboratory services, injectable medications, Critical Access Hospitals, Rural Health Clinics, Federally Qualified Health Centers, and Indian Health Services (IHS).
The rate change will be reflected in the Nebraska Medicaid Practitioner Fee Schedules. Specifically, the rate change impacts the following services:
• 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 schedules will be available online for public view at http://dhhs.ne.gov/medicaid/Pages/med_provhome.aspx. The schedules will also be 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.

 
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
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 (DHHS) Division of Medicaid and Long Term Care hereby provides notice of a proposed change to Medicaid hospital payment policy to establish an annual supplemental payment for inpatient and outpatient hospital services provided by the Nebraska Medical Center.  
 
The supplemental payment will be equal to the difference between Medicaid fee-for-service claims paid and the cost of the services as established under Medicare payment principles pursuant to 42 CFR 447.321 and 42 CFR 447.272.  This payment would be made in addition to Medicaid payments that are otherwise made to the Nebraska Medical Center by Medicaid. 
 
The total increased expenditures to the Children’s Health Insurance (CHIP) and Medicaid Programs as a result of the inpatient and outpatient hospital supplemental payment to the Nebraska Medical Center is $16,900,000 with $7,700,000 from General Funds and $9,200,000 from Federal match for FY15. 
 
A draft is available for viewing at each DHHS local office.  Comments may be submitted to and reviewed by the public at DHHS Legal Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, Nebraska 68509-5026. Fax 402-742-2382 or e-mail to DHHS.RulesandRegs@nebraska.gov.  

 
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
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 2.25 percent provider rate increase effective July 1, 2014. The rate increase is the result of an increase in appropriations by the Nebraska Legislature in LB905 (2014).
The rate increase will exclude enhanced primary care procedure codes, prescription drugs, clinical laboratory services, injectable medications, Critical Access Hospitals, Rural Health Clinics, Federally Qualified Health Centers, and Indian Health Services (IHS).
The total increased expenditures as a result of a 2.25 percent rate increase to the Children’s Health Insurance (CHIP) and Medicaid Programs is $30,002,204 with $13,750,854 from General Funds and $16,251,350 from Federal match.
The rate change is reflected in the Nebraska Medicaid Practitioner Fee Schedules and is part of the rebasing for Nursing Facility and ICF/DD services. Specifically, the rate change impacts the following services:
• 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 schedules are available online for public view at http://dhhs.ne.gov/medicaid/Pages/med_provhome.aspx. 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.RulesandRegs@nebraska.gov.

 
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
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 proposed change to the reimbursement methodology for Medicaid residents of Indian Health Service (IHS) nursing facilities. This change will allow Nebraska’s current methodology to comply with federal requirements.
The same prospective Medicaid rate would be paid to IHS nursing facilities for Medicaid residents who are IHS eligible and those who are not IHS-eligible.
 
IHS providers may receive quarterly Special Funding payments, 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. After desk audit and determination of allowable costs for a Report Period, this amount would be calculated by adding the following two figures:
      1) The allowable Medicaid Federal Financial Participation percentage for IHS-eligible Medicaid residents multiplied by   
      the difference between the allowable costs and the total amount paid for all IHS-eligible Medicaid residents, if greater
      than zero; and
      2) The allowable Medicaid Federal Financial Participation percentage for non-IHS-eligible Medicaid residents multiplied
      by the difference between the allowable costs and the total amount paid for all non-IHS eligible Medicaid residents, if
      greater than zero.
Based on current allowable Medicaid Federal Financial Participation percentages, IHS nursing facilities would receive 100 percent reimbursement for their allowable costs exceeding the prospective rates for Medicaid residents who were IHS-eligible and approximately 60 percent reimbursement for their allowable costs exceeding the prospective rates for Medicaid residents who were not IHS-eligible.
This change will not result in any savings or additional cost to the Nebraska Medicaid program and will be consistent with current Medicaid reimbursement methodologies for governmental nursing facilities. Regulations will be developed to implement this change and a public hearing will be held during the regulation review process. This change will be implemented after the effective date of the regulations.
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.RulesandRegs@nebraska.gov.