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Upcoming Public Hearings on
Proposed DHHS Regulations
 

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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) 471-8223. 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.
 
If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call (402)471-8223. 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 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
Thursday July 20, 2017 LAB CERTIFICATION AND AGREEMENT REQUIREMENTS FOR TESTING DRINKING WATER (TITLE 179)
Wednesday July 26, 2017 ​PAYMENT FOR MEDICAID SERVICES (TITLE 471)
Thursday July 27, 2017 ​DENTAL SERVICES (TITLE 471)


 


Thursday July 20, 2017
State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
1:30 P.M. C.T
 
The purpose of this hearing is to receive comments on proposed changes to Title 179, Chapter 20 of the Nebraska Administrative Code (NAC) – Laboratory Certification and Agreement Requirements for Testing Drinking Water.  The purpose of the proposed changes is to bring the regulations into compliance with the statutory changes made to the Nebraska Safe Drinking Water Act in 2016.  Prior to the statutory changes, all compliance testing for public drinking water systems, with the exception of coliform testing, has been conducted at the DHHS Division of Public Health Environmental Health Laboratory.  Analytical laboratories in and outside of Nebraska will now be able to conduct compliance drinking water laboratory testing for Nebraska public water systems.  The current draft regulations reflect proposed changes made to the text following an initial public hearing held in May 2017.
 
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, 2017.
 

Wednesday July 26, 2017
State Office Building, Lower Level D
301 Centennial Mall South, Lincoln, NE
1:30 P.M. C.T
 
The purpose of this hearing is to receive comments on proposed changes to Title 471, Chapter 3 of the Nebraska Administrative Code (NAC) – Payment for Medicaid Services. 
The purpose of the proposed changes is to change the payment methodology from the Medicare allowable amount to payment that will not exceed the lesser of the Medicare or Medicaid allowable amount. This change will potentially reduce payments made for Medicare/Medicaid dual eligible clients and provide a savings to the state budget for Medicare/Medicaid crossover claims.
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 26, 2017.

 


Thursday July 27, 2017

State Office Building, Lower Level A
301 Centennial Mall South, Lincoln, NE
1:30 P.M. C.T

 

The purpose of this hearing is to receive comments on proposed changes to Title 471, Chapter 6 of the Nebraska Administrative Code (NAC) – Dental Services. These regulations affect dental providers and the public receiving dental services.  The proposed amendments to these regulations changes the annual limit on dental services from $1000 to $750 on adults who are age 21 and older.

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, 2017.

 


 

Public Notices of Proposed
Medicaid Payment Rate Changes  
 
  
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Notice - NF APPROVED BY DD'S RECOVERED
 
 
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

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 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 Therapy Modifier Service Rate
Procedure Code H2033 none Per 15 minute increments $38.28
 
Functional Family Therapy Modifier Service Rate
Procedure Code 90832 U9 Psychotherapy 30 minutes $63.91
Procedure Code 90834 U9 Psychotherapy 45 minutes $95.87
Procedure Code 90837 U9 Psychotherapy 60 minutes $127.82
Procedure Code 90846 U9 Family therapy without identified client present $102.52
Procedure Code 90847 U9 Family 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.)

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
Total GF FF
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 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.
Posted: June 30, 2016

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 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 

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
 
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