Public Comment

 
4
Disabilities Assistance
Developmental Disabilities
No

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What you need to know

​​​​​​​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). 

Waivers​ Submitted

Waivers were submitted to the Centers for Medicare and Medicaid Services (CMS) on March 31, 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.

Next Step

Upon approval by CMS, these waiver amendments would go into effect July 1, 2026.​


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). 

Waivers Submitted

Waivers were submitted to the Centers for Medicare and Medicaid Services (CMS) on March 31, 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.​

Next Step

Upon approval by CMS, these waiver amendments would go into effect July 1, 2026.


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