Respite Care Services/Facilities

A respite care service means a person or any legal entity that provides short-term temporary care on an intermittent basis to persons with special needs when the person's primary caregiver is unavailable to provide such care. (description continued.......)

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Continued description......

Some Respite Care Service Providers are not required to become licensed.   They are:

  1. A person or facility that is currently licensed under the Health Care Facility Act.
    Examples listed below:

    Licensed Child Care Facility
    Licensed Assisted Living
    Licensed Long Term Care Facility
    Licensed Adult Day

  2. An agency that recruits, trains or screens a person to be a respite care provider.

  3. An agency that matches or refers a respite care provider with a person with special needs.

  4. A person who provides respite care to fewer than eight unrelated people in any seven day period in the provider's home or the recipient's home.

  5. A nonprofit agency that provides group respite care for no more than eight hours in any seven day period.

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Applying for a License

Any person intending to establish, operate, or maintain a respite care service, that is required by law to be licensed, must first obtain a license from the Department. An applicant for an initial or renewal license must demonstrate that the Respite Care Service meets the care, treatment, operational, and physical plant standards contained in PDF File175 Nebraska Administrative Code (NAC) 15 Sections 006 and 007.

A license is issued only for the premises and persons named in the application and is not transferable or assignable.

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Initial Licensure

The first stage consists of the applicant’s submission of affirmative evidence of the ability to comply with the operational and physical plant standards contained in 175 NAC 15 Sections 006 and 007. The application is not complete until the Department receives documents specified in PDF File175 NAC 15 Section 003.01B.

The second stage consists of the Department’s review of the completed application together with an inspection of the Respite Care Service. The Department determines whether or not the applicant for an initial license meets the standards contained in PDF File175 NAC 15 and the PDF FileHealth Care Facility Licensure Act.

An applicant must:

  1. Submit a written PDF Fileinitial application to the Department which includes PDF File175 NAC 15 Section 003.01B.
  2. Pass an on-site inspection as specified in PDF File175 NAC 15.Section 005.01.02E.

Upon receipt of a completed application, contact will be made to schedule an initial inspection date. A Respite Care Service cannot operate until the inspection has been completed and a license can be issued.

All Respite Care Service licenses expire October 30th of each year.

All application materials must be submitted to:

Nebraska Department of Health and Human Services
Division of Public Health, Licensure Unit
Respite Care Services
PO Box 94986
Lincoln, NE 68509-4986

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Renewal Licensure

All Respite Care Service licenses expire October 30th of each year.

Notice of renewal is sent to the licensee’s preferred mailing address not later than 30 days prior to the license expiration date. To renew a license the following must be submitted:

  1. A completed renewal application with the information required by PDF File175 NAC 15. Section 003.02A
  2. Required licensure fee specified in PDF File175 NAC 15. Section 004.08.
  3. List of names and addresses of all persons in control of the respite care. The list must include all individual owners, partners, limited liability company members, parent companies and members of boards of directors owning or managing the operations and any other persons with financial interests or investments in the facility. In the case of publicly held corporations, the individual owners listed must include any stockholders who own 5% or more of the company’s stock
  4. Current Certificate of Occupancy issued by the Nebraska State Fire Marshal or delegated authority dated within the 18 months prior to the license expiration date.

Final Notice: If a renewal application is not postmarked or received by November 1, the Respite Care Service will be sent a final notice.

If a renewal is not received by December 1, the license will be placed in lapsed status. During lapsed status, the facility may not operate until the license has been reinstated.

Refusal to renew: The Department can refuse to renew a license. (PDF File175 NAC 15 Section 008)

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Forms

PDF File Initial License Application
PDF File Renewal Application

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Duplicate License

The form may be completed online, however, it cannot be submitted via e-mail due to the fact that all applications and forms require original signatures. If you complete the form online, you must print the form and mail it to the address below.

A duplicate or reissued license is available for a fee of $10.00. PDF FileDuplicate/Reissue Form

Licensing Unit
PO Box 94986
Lincoln, NE 68508-9486

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Medicaid Certification

To participate in the Medicaid Aged and Disability Waiver Program, contact the local Health and Human Services office in your area.

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Fees

Initial and renewal licensure fees:  
License Capacity 8-16 $250
License Capacity 17-50 $350
51 or more $450
Service through volunteers $50
Refunds for denied applications: If the Department did not perform an inspection, the license fee is refunded except for an administrative fee of $25.00.
  If the Department performed an inspection, the license fee is not refunded.

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Rules and Regulations/Statutes

PDF File Neb. Rev. Stat §§ 71-402 through 71-463 - Health Care Facility Licensure Act
PDF FileNeb. Rev. Stat. §§ 71-516 through 71-516.04 - Alzheimer's Special Care Disclosure Act
PDF FileNeb. Rev. Stat. §§ 71-8401 through 71-8407 - Medical Records
PDF FileNeb. Rev. Stat. §§ 71-2084 through 71-2096 - Receivers
PDF File175 NAC 15 Regulations Governing Licensure of Respite Care Services
PDF FileMedication Aide Act
PDF File172 NAC 95 Regulations Governing the Provision of Medications by Medication Aides and other Unlicensed Persons
PDF File172 NAC 96 Regulations Governing the Medication Aide Registry
PDF File Nebraska Food Code Book

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Contact Us

Office Address:

Mailing Address Physical Address
Nebraska Department of Health and Human Services - Licensure Unit
PO Box 94986
Lincoln, NE 68509-4986
Nebraska State Office Building
301 Centennial Mall South
14th and M Streets
3rd Floor
Lincoln, Nebraska

Phone: (402) 471-2115
Fax: (402) 742-2308

Office Hours:

8:00 a.m. to 5:00 p.m. (central time)
Monday through Friday

Pam Kerns, Program Manager
(402) 471-3651
E-Mail: pamela.kerns@nebraska.gov

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Other Related Contacts

Medication Aide Registry
Devon McCave
Phone: (402) 471-4364
e-mail: devon.mccave@nebraska.gov  

Nursing Assistant Registry
Nancy Stava
Phone: (402) 471-0537
e-mail: nancy.stava@nebraska.gov

State Fire Marshal's Office
Phone: (402) 471-2027
web site: http://www.sfm.state.ne.us/

Lifespan Respite Subsidy Program
web site http://www.dhhs.ne.gov/HCS/Programs/Lifespan-Respite.htm

Nebraska Respite Network
web site: http://www.dhhs.ne.gov/hcs/Respite-Network.htm

Aged and Disabled Medicaid Waiver Program
web site: http://www.dhhs.ne.gov/HCS/Programs/AD-Waiver.htm

Social Services Block Grant for Adults Program
web site: http://www.dhhs.ne.gov/hcs/ssbg/ssbg.htm

Disabled Persons and Family Support Program
web site: http://dhhs.ne.gov/HCS/Programs/DPFS.htm

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Change Notification

Change of Ownership or Location

A change of ownership (sale, whether of stock, title or assets, lease, discontinuance of operations) or premises terminates the license.  An PDF Fileinitial application is required.

The Department must be notified in writing within five working days when a facility is sold, leased, discontinued or moved to a new location.

Change in Occupancy

In free standing Respite Care Services Facilities, a licensee must not serve more clients at one time than the maximum occupancy for which the respite care service is licensed.

New Construction

If new construction is planned, submit construction plans for Department approval prior to any new construction affecting client living and service portions of the facility. The Department may accept certification from an architect or engineer in lieu of Department review.

Change of Administrator

The Department must be notified in writing within 5 working days when a respite care service is sold, leased, discontinued, or moved to a new location.

Change of Facility Name

The Department must be notified in writing within 5 working days when a facility has a change in name. PDF FileName Change Form

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Disciplinary Actions

The Department may deny, refuse to renew a license or take disciplinary action against an Respite Care Service license.  See PDF File175 NAC 15 Section 008 for complete information.

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Inspections

To determine compliance with operational, care, treatment and physical plant standards, the Department inspects the respite care service prior to and following licensure. The Department determines compliance through on-site inspections, review of schematic and construction plans, and reports of qualified inspectors.

Initial Inspections (PDF File175 NAC 15 Sections 005.01-005.02E):

Initial Inspections ( Sections 005.01-005.02E):

The Department must conduct an initial on-site inspection to determine compliance with 175 NAC 15 Sections 006 and 007. The inspection must occur within 30 working days, or later if requested by the applicant, of receipt of a completed application for an initial license. The Department must provide a copy of the inspection report to the Respite Care Service within ten working days after completion of an inspection.

Physical Plant Inspections (PDF File175 NAC 15 Sections 005.03-005.03B2):

The Department must conduct inspections for conformity with construction plans and compliance with PDF File175 NAC 15 Section 007 at new facilities or new construction prior to use or occupancy.

Compliance Inspections (PDF File175 NAC 15 Sections 005.03-005.05B):

The Department may conduct an onsite inspection at any time as deemed necessary.

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Complaints – How to file

The Department investigates complaints regarding Respite Care Services. To register complaints, contact the Licensure Unit, Health Facility Investigations.

Written complaints may be submitted to:

Nebraska Department of Health and Human Services
Division of Public Health, Licensure Unit
Health Facility Investigations
P O Box 94986
Lincoln, NE 68509-4986

Fax: (402) 471-1679
web site: www.dhhs.ne.gov/crl/invest/invest.htm

Due to their confidential nature, complaint allegations should not be sent via e-mail.

For complaints against licensed professionals contact the Professions and Occupations Investigations Division at (402) 471-0175.

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