DHHS Regulations

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Proposed DHHS Regulations

This link will take you to public hearing notices and draft regulations.

Upcoming Public Hearings on Proposed DHHS Regulations

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Current DHHS Regulations

Welcome to the Regulations of the Nebraska Department of Health and Human Services. This portion of the Nebraska Administrative Code is maintained in cooperation with the Secretary of State, whose office is the official repository for the regulations of all state agencies in Nebraska.

The state Administrative Procedure Act sets requirements for the adoption of state agency regulations. State regulations that are properly adopted and filed with the Secretary of State have the force and effect of law.

Every effort is made to ensure the accuracy of these regulations but it is recommended that the internet version of regulations be used for research and informational purposes only. For legal purposes, certified copies of Nebraska Administrative Code regulations are available through the Secretary of State’s office at 402-471-2385.

The link for each title listed below will take you to a list of chapters in that title. Links for each chapter will take you to the selected chapter on the Secretary of State’s website. If you find a problem with a DHHS regulation on that site, please contact us at DHHS.RulesandRegs@nebraska.gov. We will work with the Secretary of State’s office to correct the problem.

Title 15 -- Aging Services
These regulations govern certain programs for the aging population in Nebraska, including the Community Aging Services Act, Care Management Units, the Long-Term Care Ombudsman Program, and the Senior Companion Volunteer Program.

Title 172 -- Professional and Occupational Licensure                              Last Updated 8/26/14
These regulations govern the licensure and practice of various health professions and occupations, including licensing requirements, fees, standards of conduct, practice guidelines, and training standards. Also included are regulations for the mandatory reporting of conduct or actions by credentialed health professionals that may violate the laws or regulations governing their practice.

Title 173 -- Control of Communicable Disease                                          Last Updated 6/21/2014
These regulations govern reporting requirements for communicable diseases and poisonings; school health requirements including disease control, physical examinations, and immunization standards; the control of tuberculosis and rabies; immunization standards for early childhood programs; and directed health measures, including quarantine and isolation, to prevent or limit the spread of communicable disease, illness, or poisoning.

Title 174 -- Vital Records  
These regulations govern the recording of vital events in Nebraska – births, deaths, marriages, divorces, fetal deaths, and induced abortions, including regulations on the filing, amendment, release, and viewing of vital records, and the release of information from vital records.

Title 175 -- Health Care Facilities and Services Licensure
These regulations govern the licensure of various types of health care facilities and services in Nebraska, including hospitals, nursing homes, assisted-living facilities, substance abuse treatment centers, home health agencies, pharmacies, hospice services, and others.

Title 176 -- Emergency Medical Services
These regulations govern the Critical Incident Stress Management Program, which assists public safety personnel with symptoms of stress related to emergency response. The regulations include program management structure, personnel requirements, standards of conduct, and disciplinary procedures.

Title 177 -- Health/Laboratory Services                                                   Last Updated 5/4/2014  
These regulations govern procedures and standards for certain laboratory tests, including those for driving or boating under the influence of alcohol or other drugs, and set fees for state laboratory services.

Title 178 -- Environmental Health                                                              Last Updated 8/26/14 
These regulations govern programs designed to assure public health and safety in recreational camps, to assure the safety of private water wells, to provide standards for mobile home parks and swimming pools, and to implement the Nebraska Clean Indoor Air Act, the Nebraska Asbestos Control Act, and the Residential Lead-Based Paint Professions Certification Act.

Title 179 -- Public Water Systems
These regulations govern public water systems, including fluoridation of water supplies, monitoring and reporting, public notice of violations, operator certification, operation and maintenance, and laboratory certification for testing drinking water.

Title 180 -- Control of Radiation
These regulations govern activities designed to assure public health and safety from ionizing radiation including radioactive materials, radiation-generating equipment (such as x-ray equipment), low-level radioactive waste, and radon. The regulations also govern practitioners of medical radiography and the transportation of radioactive material.

Title 181 -- Special Health Programs                                                         Last Updated 8/20/2014
These regulations govern the Chronic Renal (Kidney) Disease Program, the Newborn Screening Program, the Screening Mammography Program, Consent for Predictive Genetic Testing, and the Cancer Drug Repository Program. Also included are administrative appeal and fair hearing procedures for the Special Supplemental Food Program for Women, Infants, and Children (WIC) and the Commodity Supplemental Food Program.

Title 183 -- Financial Assistance
These regulations govern programs designed to provide financial incentives for health professionals to practice in underserved areas, and programs to provide financial support to institutions conducting research on cancer and smoking disease.

Title 184 -- General Administration
These regulations are the rules of practice and procedure for the former Department of Health, including administrative hearings, declaratory orders, negotiated rulemaking, and implementation of the Administrative Procedure Act.

Title 185 -- Nebraska Statewide Trauma System
These regulations govern the development of a statewide trauma system. They establish a process and standards for health care providers to become designated as trauma care, specialty trauma care, and rehabilitation centers. The regulations also establish a communication system to facilitate patient care and an information registry.

Title 186 -- Health Registries and Release of Information
These regulations govern Nebraska’s statewide registries of cases of cancer, brain and head injury, external causes of injury, and Parkinson's Disease. Regulations on the release of medical records and health information are also included.

Title 201 -- Repealed 6/14/2014


Title 202 -- Operations Within Facilities and Community-Based Services for Persons with Mental Illness or Developmental Disabilities
These regulations govern the determination of individuals' ability to pay for supports and services funded by the Department.

Title 203 --  Repealed 6/14/2014

Title 204
-- Repealed 6/14/2014

Title 205 -- Repealed 7/16/2011

Title 206 -- Behavioral Health Services                                                    New 6/14/2014

These regulations govern the organization and implementation of behavioral health services in Nebraska. They address DHHS responsibilities, regional governing boards, finance and administration and contain service definitions of behavioral health services funded by the Division of Behavioral Health.

Title 207 -- Rules of Practice and Procedures for Administrative Hearings Before the Department of Public Institutions
These regulations are the rules of practice and procedures for administrative hearings before the former Department of Public Institutions.

Title 209 - (Reserved)

Title 390 -- Child Welfare and Juvenile Services

These regulations govern the Department’s services to protect children from abuse and neglect and to improve family conditions that place children at risk. Included are regulations on intake and assessment, out-of-home placement including adoption and foster care, Native American child welfare, services for juvenile offenders, education for state wards, and other child welfare services.

Title 391 -- Children's Services Licensing - (Operative May 20, 2013)
These regulations govern the licensing of child care providers, including family child care homes, child care centers, and preschools. The regulations include provider and staff requirements, the application, licensing, and inspection process, and standards to protect the health and safety of children in care.

Title 392 -- Child Care Subsidy Program
These regulations govern the Child Care Subsidy Program, which provides assistance with child care costs to low-income families working toward self-sufficiency. The regulations cover general background, application process, elements of eligibility, authorization and notice, and provider requirements for subsidized child care.
 
These regulations govern the Department's activities and services provided to abused and neglected children and young adults, and include the Bridge to Independence Program.
 

Title 400 -- Nebraska Veterans' Home System
These regulations govern membership in Nebraska's Veterans' Homes. The Department is responsible for the management and administration of Veterans' Homes. An independent board is responsible for the review of applications for membership in the Veterans’ Homes.

Title 401 -- Youth Rehabilitation and Treatment Centers
These regulations govern the state’s Youth Rehabilitation and Treatment Centers (YRTCs), including discipline and grievance procedures, communications, essential services, and parole and discharge.

Title 402 -- Nebraska Health Care Funding Act
These regulations govern the administration of grant programs under the Nebraska Health Care Funding Act, including grants for conversion of nursing facilities to assisted-living facilities, grants from the Nebraska Health Care Cash Fund, and the Teen Tobacco Education and Prevention Project.

Title 404 - Community-Based Services for Individuals With Developmental Disabilities
These regulations govern community-based services for persons with developmental disabilities.

Title 405 -- ICF/MR Reimbursement Protection Act
These regulations govern taxes levied against Intermediate Care Facilities for the Mentally Retarded (ICF/MR’s), as required by the ICF/MR Reimbursement Protection Act.

Title 462 -- Homeless Assistance Program
These regulations govern the administration of grant programs in the Homeless Assistance Program, including grants from the state Homeless Shelter Assistance Trust Fund and the federal Emergency Shelter Grant Program.

Title 463 -- Adult Protective Services                                                        Last Updated 9/28/2013
These regulations govern the administration of the Adult Protective Services Program.
 
Title 464 -- Respite Subsidy Program
These regulations govern the administration of the Respite Subsidy Program Across the Lifespan, which is designed to provide funding for caregivers to purchase respite services.
 

Title 465 -- Introduction to the Program Manual
These regulations provide general information on regulations for the former Department of Social Services, including "program universals" such as client rights and responsibilities, confidentiality and disclosure, fraud and abuse, assignment of representatives, and Administrative Procedure Act regulations including administrative hearings.

Title 466 -- Child Support Enforcement Program
These regulations govern the activities of the Child Support Enforcement Program, designed to help children obtain financial support from both parents by locating absent parents, establishing paternity, and enforcing support obligations.

Title 467 -- Medically Handicapped Children's Program, Genetically Handicapped Persons' Program, and Supplemental Security Income-Disabled Children's Program
These regulations govern the Medically Handicapped Children's Program (MHCP), which provides coverage of medical services for children with certain disabilities; the Genetically Handicapped Persons' Program, which is an extension of the MHCP and provides coverage of certain services for persons age 21 or older who require treatment for cystic fibrosis, hemophilia, and sickle cell disease; and the SSI Disabled Children's Program, which serves children who receive monthly SSI grants and helps families care for their children at home by funding services such as respite care, mileage for long-distance medical trips, special equipment, and home modification.

Title 468 -- Aid to Dependent Children Program                                        Last Updated 7/8/2014
These regulations govern the Aid to Dependent Children (ADC) Program, which provides cash assistance to low-income families with minor children. The regulations include eligibility standards, determination of benefits, work requirements and self-sufficiency contracts under the Employment First program, and standards for emergency assistance.

Title 469 -- Assistance to the Aged, Blind, or Disabled and State Disability Program
                                                                                                                      Last Updated 7/8/2014
These regulations govern programs that provide financial aid and medical assistance to persons in need who are age 65 and older, or who are age 64 and younger and blind or disabled. They include eligibility standards and determination of benefits.

Title 470 -- Refugee Resettlement Program and the Refugee Medical Assistance Program                                                                                                        Last Updated 12/6/2014
These regulations govern programs that provide for the effective resettlement of refugees in Nebraska, to assist refugees to achieve economic self-sufficiency as quickly as possible, and to assist refugees with financial aid and medical assistance during their initial resettlement in Nebraska.

Title 471 -- Nebraska Medicaid Program Services                                    Last Updated 12/22/2014
These regulations govern the services provided under Nebraska's Medicaid program. Each chapter deals with a specific service and includes definitions and descriptions, limitations, prior authorization requirements, billing requirements and payment provisions. These regulations are the source of material for provider handbooks.

Title 472  -- Disabled Persons And Family Support Program
These regulations govern the Disabled Persons and Family Support program, which coordinates and purchases services and items to assist employed adults with disabilities to maintain their independence, and to help families keep family members with disabilities in their homes.

Title 473 -- Social Services For Aged And Disabled Adults                       Last Updated 9/28/2013
These regulations govern the coordination and provision of social services to those in need who are aged or disabled, including chore services, adult day care, respite care, home-delivered or congregate meals, and transportation.

Title 474 -- Social Services for Families, Children, and Youth                   Last Updated 12/17/2014
These regulations govern the coordination and provision of social services to families, children, and youth in need, including homemaker services, transportation, and domestic abuse referrals. Also included are licensing regulations for foster homes, group homes, child caring agencies, and child placing agencies.

Title 475 -- Supplemental Nutrition Assistance Program (SNAP)
These regulations govern the Supplemental Nutrition Assistance Program, which helps low-income people buy food. Benefits are free of charge if a household meets the program guidelines for income and resources. The regulations cover eligibility, determination of benefits, issuance, and accountability.

Title 476 -- Nebraska Low-Income Home Energy Assistance Program (LIHEAP)
These regulations govern the Low Income Energy Assistance Program, which helps families with limited income to pay the costs of heating and cooling their homes. The regulations cover eligibility, determination of benefits based on type of residence and fuel type, and payment.

Title 477 -- Medicaid Eligibility                                                                   New 1/1/2014
Effective January 1, 2014, these regulations govern Medicaid eligibility under the Federal Affordable Care Act.

Title 479 -- Child Welfare Payment and Medical Services Program         Last Updated 5/17/2014
These regulations govern payment for child welfare services and/or medical assistance to state wards and former wards, and subsidized guardianships and adoptions.

Title 480 -- Home and Community-Based Waiver Services and Optional Targeted Case Management Services                                                                                                        Last Updated 12/9/2014
These regulations govern services delivered under Nebraska’s home and community-based Medicaid waivers, including:

  • Home and community-based services for persons who are aged or disabled,
  • Early intervention Medicaid home and community-based waiver.

Title 481 -- Community Services Block Grant Program
These regulations govern the Community Services Block Grant program, which provides funding to community action agencies and other neighborhood-based organizations for a range of services and activities to reduce poverty, revitalize low-income communities, and promote self-sufficiency.

Title 482 -- Nebraska Medicaid Managed Care                                           Last Updated 8/18/14
These regulations govern Nebraska's Medicaid Managed Care Program, also known as Nebraska Health Connection. The regulations include requirements for client participation, enrollment services, basic benefits, mental health and substance abuse benefits, quality assurance, and grievances/appeals.