Eligibility for Medicaid HCBS Waiver Services

 
4
Medicaid Related Assistance
Developmental Disabilities
 
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What you need to know

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​To receive waiver services, you must be eligible. Eligibility requirements depend on which waiver you want. 

Waivers allow federal and state Medicaid funds to be used to pay for services in your home and community. This money would otherwise be used to provide services in an institutional setting. You must receive Medicaid and be on a waiver to receive these services.. ​​​

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Sections on this page

    Apply for a Waiver


    ​​Medicaid Eligibility
    All waivers require you to have Medicaid. If you have not yet applied for Medicaid, you need to do so. People with disabilities who apply for Medicaid should also apply for disability benefits. 

    Medicaid Resources



    ​Aged and Disabled (AD) Waiver

    Videos about the AD Waiver Process

    Watch DHHS videos on YouTube to learn more about the AD Waiver process:


    Eligibility Requirements

    To be eligible to receive Aged and Disabled (AD) Waiver services, you must meet the requirements:

    • Have Nebraska Medicaid;
    • Have a disability or be over the age of 65;
    • Meet Nursing Facility Level of Care; and
    • Have a need for waiver services.

    How to Apply

    A waiver application is different from an application for Medicaid or Social Security. You may also need to apply for these programs.

    We aim to provide accurate eligibility determination in a timely manner. Anyone can help you apply. You, your guardian, or a legal representative must participate in the eligibility process.

    If you need assistance to fill out an application, you may visit your local ​DHHS office.

    Level of Care Assessment

    When an application is received, we check that you are eligible for Medicaid. When you have Medicaid, we will call to schedule your Level of Care assessment. 

    Level of Care Determination

    Aged and Disabled Level of Care is based on the level of care needed to live in a nursing facility. The assessment tool used depends on how old you are.

    • Nursing Facility Level of Care for Adults (age 18+) looks at activities of daily living, risk factors, medical treatment, cognition factors. The assessment categories are: social support, health status, medications and medical equipment, nutrition, instrumental activities of daily living, and housing.
    • Nursing Facility Level of Care for Children has criteria which may vary depending on the age of the child. It is documented in the Individualized Family Service Plan.​

    Beginning Services

    Funding is based on your needs. You can begin receiving services once you are determined eligible and have a plan including who will provide what services. Learn more about planning your services on our Participant Planning Page.


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    Development​​​al Disabilities (DD) Waivers​

    ​​Comprehensive Developmental Disabilities (CDD) Waiver; Developmental Disabilities Adult Day (DDAD) Waiver; and Family Support Waiver (FSW)​.​​​​

    Videos about the DD Waivers Process

    Watch DHHS videos on YouTube to learn more about the DD Waiver process:


    Eligibility Requirements

    To be eligible for DD waivers, you must meet the requirements:

      • Diagnosis from a licensed psychologist or a medical doctor
      • AND substantial limitations in three areas:
        • Conceptual skills, such as language, reading, money, time, number concepts, and self-direction;
        • Social skills, such as interpersonal skills, social responsibility, self-esteem, gullibility, wariness, social problem solving, and the ability to follow laws and rules and to avoid being victimized; and
        • Practical skills, such as activities of daily living, personal care, job skills, healthcare, mobility, and the capacity for independent living;

    • Meet Level of Care; and
    • Have a need for waiver services.

    For more information: DD Services Eligibility Brochure.

    How to Apply

    A waiver application is different from an application for Medicaid or Social Security. You may also need to apply for these programs.

    We aim to provide accurate eligibility determination in a timely manner. Anyone can help you apply. You, your guardian, or a legal representative must participate in the eligibility process.

    If you need assistance to fill out an application, you may visit your local ​DHHS office.

    Level of Care Assessment

    The Process and Needed Documents

    You should get a call a few days after submitting your application. The Division will need to collect documents, such as:

    • Assessments completed by a licensed psychologist:
    • Diagnosis of disability given before age 22, which affects your ability to complete activities of daily living skills
    • School reports:
      • The last three Multi-Disciplinary Team (MDT) reports and
      • The most recent Individual Education Plan (IEP)
    • Tips for Teachers - Information for teachers about eligibility, services, and assessments the school can complete.​

    When an application and documents are received, a decision is usually made within 90 days. 

    • Eligibility is reviewed at ages 10 and 18.
    • If Social Security determines that you are not disabled, developmental disabilities eligibility will be reviewed.

    Level of Care Determination

    When you meet the other requirements, we call to scheduled an in-person Level of Care assessment.

    • DD Level of Care is based on the level of care needed to live in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID).
    • The interRAI is the assessment tool used to determine ICF-IID Level of Care and funding. 
    • DD Services Assessment Brochure - Explains the process used to assess needs for DD services.

    Beginning Services

    Which waiver you receive and your funding are based on your needs.​

    • For the Adult Day (DDAD) and Comprehensive (CDD) waivers, we use an objective assessment process (OAP) to base your funding on your needs.
    • For the Family Support Waiver (FSW), your annual budget is $10,000.

    You can begin receiving services once you are determined eligible and have a plan including who will provide what services. Learn more about planning your services on our Participant Planning Page.​​

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    ​Traumatic Brain​ Injury​ (TBI) Waiver​

    Eligibility Requirements

    To be eligible to receive Traumatic Brain Injury services, you must:

    • Have Nebraska Medicaid;
    • Be age 18 years or older;
    • Have a diagnosis of traumatic brain injury;*
      • ​Non-degenerative, non-congenital insult to the brain from an external mechanical force;
      • Possibly leading to permanent or temporary impairment of cognitive, physical, and psychosocial functions; and
      • An associated diminished or altered state of consciousness;
    • Meet Nursing Facility Level of Care; and
    • Have a need for waiver services.

    *This waiver is not for acquired brain injury caused by strokes, tumors, and other non-traumatic causes. The term TBI does not apply to brain injuries induced or caused by birth trauma.

    For more information: TBI Waiver Eligibility brochure.

    How to Apply 

    A waiver application is different from an application for Medicaid or Social Security. You may also need to apply for these programs.

    We aim to provide accurate eligibility determination in a timely manner. Anyone can help you apply. You, your guardian, or a legal representative must participate in the eligibility process.

    • Call our toll-free number (877) 667-6266 to request application be mailed to you. 
    • Fill out the application completely, sign, and submit:

    If you need assistance to fill out an application, you may visit your local ​DHHS​ office​.​

    Level of Care Assessment

    When we receive your application, we check that you are eligible for Medicaid. When you have Medicaid, we will call to schedule your Level of Care assessment. 

    TBI Waiver is based on the level of care needed to live in a nursing facility.

    • TBI Assessment brochure - The process used to assess needs and determine TBI services.
    • The assessment looks at activities of daily living, risk factors, medical treatment, cognition factors. 

    Beginning Services

    Funding is based on your needs. You can begin receiving services once you are determined eligible and have a plan including who will provide what services. Learn more about planning your services on our Participant Planning Page.



    ​Notice of Decision

    If you applied and received a notice saying you were determined Not Eligiblefind out what to do next.

    If you have questions about eligibility or your application: 



    ​FAQs​​

    I earn too much money to qualify for Medicaid, but my child has a disability and could use waiver services. Can you help?​

    There is a process so parent's income is not counted for disabled children who meet waiver eligibility. Contact your local DHHS office to begin the Medicaid application process, and say you want your child assessed for the waiver. ​

    How many hours a day can I get help?

    Each person's needs are different, so there is not a set number of hours of assistance per day. You and your Service Coordinator will work together on a plan of services to meet your needs and keep you safe at home. ​

    Do I have to have a waiver for my child to receive Respite?

    Respite is a service on ​the HCBS waivers, as well as being available from other programs. You can only receive Respite from one source. Learn more about possible funding for Respite​.

    How can I get information about eligibility and services in my primary language?

    The Division has a webpage with publications in other languages. 

    The DHHS website can be viewed in other languages by selecting your preferred​ language from the drop down in the top right corner of any page. 

    For additional translation needs, contact us​.