Public Comment

 
4
Disabilities Assistance
Developmental Disabilities
No

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What you need to know

​​​​​​​​​​Public Comment - Nebraska State Plan for Aging​​ 

Pursuant to 45 C.F.R. §§ 1321.29(c) and 1321.31, the Nebraska State Unit on Aging is seeking public comment on a proposed amendment to the Nebraska State Plan for Aging for State Fiscal Years 2024–2027. The Nebraska State Plan for Aging was developed during 2022 and 2023 based on federal and state guidance available at that time and is currently being implemented statewide. 

In 2024, the Administration for Community Living (ACL) updated the federal regulations implementing the Older Americans Act (OAA). As a result, the Nebraska State Unit on Aging has amended the State Plan to align with the updated federal requirements. These amendments update the portions of the State Plan affected by the new federal regulations while maintaining the State's commitment to serving older adults and ensuring continued compliance with the Older Americans Act. 

The proposed State Plan Amendment will be available for public review and comment for a period of 30 calendar days. Interested persons are encouraged to review the proposed amendments and participate in the public presentation to learn more about the changes. The public comment period is June 15 – July 15, 2026.

The State Unit on Aging plans to submit a request to amend the 2024-2027 State Plan for Aging. The Nebraska 2024-2027 State Plan Amendment Attachment L document provides information on changes to the previously approved 2024-2027 State Plan for Aging. A copy of the current approved version is also provided. 

The plan will go into effect upon approval by the Administration for Community Living. 

Documents

A hard copy of the State Plan amendment can be requested via mail, email, or phone at (402) 471-2307.

Presentation

July 13, 2026 | 1:00 PM – 3:00 PM CDT

Virtual Meeting via Zoom: https://us06web.zoom.us/j/82892445289?pwd=5stb51JnaXszhKEqqeytOIBqpPLDCL.1 

Submitting Comments

Interested persons are invited to submit written comments to the State Unit on Aging. Written comments must be postmarked or received by July 15, 2026.

Public comments may be submitted:

  • Emailed to DHHS.Aging@nebraska.gov​;
  • Faxed to (402) 472-8388; or
  • Mailed to DHHS – State Unit on Aging, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026.

Next Step

Following the close of the public comment period, a summary of comments received and any resulting revisions to the State Plan Amendment will be prepared and submitted as required by federal regulations.



Closed: ​Public Comment - AD and TBI Waivers 

Pursuant to 42 C.F.R. §441.304(f), the Nebraska Department of Health and Human Services (DHHS) is required to give public notice related to the state's plan to renew the 1915(c) Medicaid Home and Community Based Services (HCBS) Aged and Adult and Children with Disabilities (NE.0187) waiver and amend the Traumatic Brain Injury Waiver (NE.40199). 

Timel​​ine

  • Submitted to the Centers for Medicare and Medicaid Services (CMS) on March 31, 2026. 
  • Approved by CMS on June 17, 2026.​ 
  • Will go into effect July 1, 2026.

Documents

Comments have been processed by the Division. Efforts were made to redact personally identifiable information when significant privacy concerns are identified but public comments may be posted in their entirety and without edits.  

Submissions received after the close of the public comment period will not be considered, unless an extension of the public comment period has been formally approved. Comments received within the designated period, including any approved extension, will be reviewed and posted on the public comment website.


Second Public Comment Period: February 2 through March 9, 2026

Presentation

An informational presentation of the proposed changes was given online via Zoom on February 5, 2026. Slides are posted in the Documents section.

Documents

Modified Service Cap

The posted waivers indicate a modified cap of 150% for waiver services. As Nursing Facility level of care waivers, this limit is based on the average per capita nursing facility spending in SFY 2025, which is $92,438. This amount reflects total annual nursing facility expenditures divided by the average number of recipients in SFY 2025.

Accordingly, the modified cap, and the associated exception review when services provided by out-of-home caregivers are necessary to protect the participant's immediate health and safety, would be triggered when waiver spending exceeds $138,657.

First Public Comment Period: December 5, 2025 through January 5, 2026

Presentations

The same presentation of proposed changes was given four times online via Zoom: December 10, December 11, December 16, and December 17. ​

Documents



​Closed: Public Comment - CDD and DDAD Waivers 

Pursuant to 42 C.F.R. §441.304(f), the Nebraska Department of Health and Human Services (DHHS) is required to give public notice related to the state's plan to amend the 1915(c) Medicaid Home and Community Based Services (HCBS) Comprehensive Developmental Disabilities Services (NE.4154) waiver and the Developmental Disabilities Day Services Waiver for Adults (NE.0394). 

Timeline

  • Submitted to the Centers for Medicare and Medicaid Services (CMS) on March 31, 2026. 
  • Approved by CMS on June 17, 2026.  
  • Will go into effect July 1, 2026.

Documents

Comments have been processed by the Division. Efforts were made to redact personally identifiable information when significant privacy concerns are identified but public comments may be posted in their entirety and without edits.  

Submissions received after the close of the public comment period will not be considered, unless an extension of the public comment period has been formally approved. Comments received within the designated period, including any approved extension, will be reviewed and posted on the public comment website.​


Public Comment Period: January 26 through February 25, 2026

Presentations

Presentations​ of proposed changes were given online via Zoom: January 27, January 28, February 4, and February 6. Slides are posted in the Documents section.

Documents