Upcoming Public Hearings on
Proposed DHHS Regulations
 

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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 June 24. 2016 SCHOOL HEALTH SCREENINGS, PHYSICAL EXAMS & VISUAL EVALS (173)
Monday July 11. 2016 COMMUNICABLE DISEASE REPORTING (173)
Wednesday July 20. 2016 ​CHILD CARE SUBSIDY PROGRAM (392)
Wednesday July 20. 2016 ​ADC CHANGES (468)
​​Friday July 22. 2016 ​CHILD SUPPORT (466)
Monday July 25. 2016 ​AUTISM SPECTRUM DISORDER (480)
Wednesday July 27. 2016 ​AMBULANCE SERVICES (471)
Friday July 29. 2016 ​CHIROPRACTIC SERVICES (471)
Monday August 1. 2016 ​PODIATRY SERVICES (471)
Monday August 1. 2016 ​VISUAL CARE SERVICES (471)

 


Friday June 24, 2016
State Office Building, Lower Level D
301 Centennial Mall South, Lincoln, NE
  
The Department of Health and Human Services (DHHS) Division of Public Health is holding this hearing to accept comments on proposed changes to regulations related to School Health Screenings, Physical Examinations, and Visual Evaluations. These regulations are found in Title 173, Chapter 7 of the Nebraska Administrative Code (NAC). The proposed changes clarify procedures to exempt students from various school health screenings; eliminate the requirement that schools perform BMI calculations; and update vision screening competencies and criteria.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7).

Written comments must be postmarked or received by 5:00 p.m. CT June 24, 2016.
 
  Monday July 11, 2016
State Office Building, Lower Level B
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes Nebraska Administrative Code Title 173, Communicable Disease.  The proposed regulations will primarily impact the laboratories and healthcare providers who are required to report communicable diseases to DHHS. The proposed changes include the addition of organisms, infectious diseases, poisonings, and healthcare acquired infections to the reportable disease list, the elimination of ORANO, and administrative changes.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7).

Written comments must be postmarked or received by 5:00 p.m. CT July 11, 2016.
 

Wednesday July 20, 2016
State Office Building, Lower Level B
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 392, Child Care Subsidy Program.  The proposed regulations will primarily impact tribal wards and foster parents of tribal wards. The proposed changes will required eligibility redeterminations between every 12 and 18 months rather than at every 12 months. The changes will open up Transitional Child Care to all families receiving Child Care Subsidy and allow them to receive benefits longer. The proposed regulations will change the timeframe for processing of Child Care Subsidy applications.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7).

Written comments must be postmarked or received by 5:00 p.m. CT July 20, 2016.
  
Wednesday July 20, 2016
State Office Building, Lower Level F
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 468, Aid to Dependent Children (ADC) Program.  The proposed regulations, which will primarily impact ADC applicants and recipients, change the timeframe for processing of ADC applications, change the earned income disregard, change the calculation of the maximum grant payment to 55% of the current Standard of Need, remove shelter in lieu of wages and payments to vendors from consideration of income, and add allowable services to Emergency Assistance.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7).

Written comments must be postmarked or received by 5:00 p.m. CT July 20, 2016

Friday July 22, 2016
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes Nebraska Administrative Code Title 466, Child Support Enforcement Program.  The proposed regulations will primarily impact custodial and non-custodial parents. The proposed changes are needed to strengthen and provide defined terms used with the NAC manual; allow cases to be closed according to Federal Regulation §303.11; make clear the required exceptions to sharing Federal and State Parent Locator Services information as well as confidential information contained within the Child Support Enforcement Office; and allow certain non-custodial parents to pay their obligations through automatic withdrawal rather than through income withholding without having the language incorporated in the court order.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7).

Written comments must be postmarked or received by 5:00 p.m. CT July 22, 2016 

Monday July 25, 2016
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 480, Home and Community-Based Waiver Services and Optional Targeted Case Management Services.  The proposed regulations will primarily impact services provided under the Home and Community-Based Waiver for Children with Autism Spectrum Disorder. It will not impact behavioral modification services provided through the Medicaid state plan. The regulations are being repealed.
 
Authority for these regulations is found in Neb. Rev. Stat. 81-3117(7).

Written comments must be postmarked or received by 5:00 p.m. CT July 25, 2016 

Wednesday July 27, 2016
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 471, Nebraska Medicaid Program Services.  The Department of Health and Human Services (DHHS) recently completed a rewrite of several chapters of Title 471 – Nebraska Medical Assistance Program Services including 471 NAC 4. These regulations govern the ambulance services provided under Nebraska’s Medicaid Program.  The rewrite mainly consisted of identifying insufficient or inconsistent language, restructuring the regulatory chapters, and performing a compliance review to determine uniformity with 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 p.m. CT July 27, 2016 

Friday July 29, 2016
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 471, Nebraska Medicaid Program Services.  The Department of Health and Human Services (DHHS) recently completed a rewrite of several chapters of Title 471 – Nebraska Medical Assistance Program Services including 471 NAC 5.  These regulations govern the chiropractic services provided under Nebraska’s Medicaid Program.  The rewrite mainly consisted of identifying insufficient or inconsistent language, restructuring the regulatory chapters, and performing a compliance review to determine uniformity with 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 p.m. CT July 29, 2016 

 
Monday August 1, 2016
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 471, Nebraska Medicaid Program Services.  The Department of Health and Human Services (DHHS) recently completed a rewrite of several chapters of Title 471 – Nebraska Medical Assistance Program Services including 471 NAC 19.  These regulations govern the podiatry services provided under Nebraska’s Medicaid Program.  The rewrite mainly consisted of identifying insufficient or inconsistent language, restructuring the regulatory chapters, and performing a compliance review to determine uniformity with 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 p.m. CT August 1, 2016 

 
Monday August 1, 2016
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
 
The purpose of this hearing is to receive comments on proposed changes to Nebraska Administrative Code Title 471, Nebraska Medicaid Program Services.  The Department of Health and Human Services (DHHS) recently completed a rewrite of several chapters of Title 471 – Nebraska Medical Assistance Program Services including 471 NAC 24. These regulations govern the visual care services provided under Nebraska’s Medicaid Program.  The rewrite mainly consisted of identifying insufficient or inconsistent language, restructuring the regulatory chapters, and performing a compliance review to determine uniformity with 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 p.m. CT August 1, 2016  

  
Public Notices of Proposed
Medicaid Payment Rate Changes  
  
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Notice - SFY17-RATES
 
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 rate increase will exclude enhanced primary care procedure codes, prescription drugs, clinical laboratory services, injectable medications, Critical Access Outpatient Hospital services, Rural Health Clinics (RHCs), Federally Qualified Health Centers (FQHCs), 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 and fee schedules will be 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.Regulations@nebraska.gov.

 
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Notice - New Payment Methodology for FQHCs

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