Public Comment

 
4
Disabilities Assistance
Developmental Disabilities
https://public.govdelivery.com/accounts/NESTATE/subscriber/new?category_id=NESTATE_746
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What you need to know

​​​Current Public Comment Period

Pursuant to 42 C.F.R. §441.304(f), t​​he 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). The 30-day public comment period is from December 5, 2025, through January 5, 2026. 

Upon approval by the Centers for Medicare and Medicaid Services (CMS), these waiver amendments would go into effect July 1, 2026.


Presentations​​

The same presentation of the proposed changes will be given four times online via Zoom:

  • December 10 from 2:30 PM to 4:00 PM, Central Time​ 
  • December 11 from 8:30 AM to 10:00 AM, Central Time 
  • December 16 from 2:30 PM to 4:00, Central Time 
  • December 17 from 4:30 to 6:00 PM, Central Time

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Documents

A hard copy of a waiver application can be requested via mail, email, or phone at 402-471-9156. 


Submitting Comments​

Interested persons are invited to submit written comments to the Department. Written comments must be postmarked or received by January 5, 2026.

Public comments may be submitted by:

  • Email: DHHS.HCBSPublicComments@nebraska.gov. 
  • Fax: (402) 471-8792.
  • Mail: DHHS – Division of Developmental Disabilities, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026.


Next Steps​

After the public comment period, when submitted to the CMS, the HCBS waiver will include a summary of the public comments received during the public input process, and if any comments were not adopted, the reasons why. The summary will also specify any modifications made to the waiver as a result of the public input process.  



Past Public Comment 

The following information was for 2025 amendments to the CDD, DDA​D, FSW, and AD Waivers​​​.

Approved Waivers: July 2025

The Centers for Medicare and Medicaid Services (CMS) approved waiver amendments on June 26, 2025. The waivers went into effect July 1, 2025. 

As part of discussions with CMS, the proposed Adult Day Retirement service was removed from the Comprehensive Developmental Disabilities (CDD) and Developmental  Disabilities Adult Day (DDAD) waivers prior to approval. This change allowed the remainder of the amendments to be approved by CMS and proceed toward implementation on July 1, 2025. The State of Nebraska remains committed to the vision of Adult Day Retirement as a meaningful option for aging individuals with developmental disabilities, who deserve the same opportunity to retire with dignity as all people. Following implementation of the current amendments, the State will continue working with the Developmental Disabilities Advisory Committee, additional stakeholders, and CMS to explore ways to align this service with federal expectations and best support the needs of participants. Although implementation is not possible at this time, Nebraska remains committed to advancing innovative, person-centered services for individuals with intellectual and developmental disabilities.​

Waiver Submission: March 19, 2025

​On March 19, 2025, the HCBS Waivers with public comment periods below were submitted to CMS:

Second Public Comment Period: February 13 - March 15, 2025

The 30-day public comment period was from February 13, 2025 through March 15, 2025. 

Documents

Presentation

Additional Information - the Objective Assessment Process

DDD understands that there are questions about the objective assessment process. DDD held three presentations for stakeholders to learn more about the new interRAI assessment tool that the Division is adopting in the DD side of our work. This company offers many different assessments for various populations, and we already use two of the interRAI tools in our Aged & Disabled and Traumatic Brain Injury Waivers. 

Myers & Stauffer guided a conversation and review of the interRAI tools for DD during these stakeholder meetings. Eventually these will become the tools used by the Division to determine budgets, level of care and as a needs assessment. Adopting these new tools will assist us in our new approach to eliminating the DD Waitlist.

This information is also on the Eliminating the DD Waitlist webpage.​​

First Public Comment Period: January 13 - February 13, 2025

The 30-day public comment period was from January 13, 2025 through February 13, 2025. 

Presentation

There were five virtual presentations of the proposed changes. The same information was presented each time.

Documents

Next Steps

Significant changes were made to the DD Waivers as a result of the public comment period. These changes will be out for a second public comment period. 

The AD Waiver was not included in the second public comment period.