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Statutes & Regs
Developmental Disabilities
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Regulations
Services in Nebraska must comply with state regulations, known as the Nebraska Administrative Code (NAC).
The following regulations apply to services DDD oversees:
- Title 15 - Aging Services - Governs the Nebraska Community Aging Services Act, consistent with the Older Americans Act of 1965 (OAA).
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Title 175 - Health Care Facilities and Services Licensure – Governs the licensure of various services, including centers for developmentally disabled, intermediate care facilities for developmentally disabled, and nursing facilities.
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Title 202 - Operations within Facilities and Community-Based Services for Persons with Mental Illness or Developmental Disabilities - Governs the determination of a person's ability to pay for service coordination while on the wait list and not Medicaid-eligible.
- Title 403 - Medicaid Home and Community-Based Waiver Services for Individuals with Developmental Disabilities - Governs Medicaid home and community-based waiver services for people with developmental disabilities.
- Title 404 - Community-Based Services for Individuals with Developmental Disabilities - Governs community-based services for people with developmental disabilities.
- Title 464 - Nebraska Lifespan Respite Services Program - Governs the administration of the Respite Subsidy Program Across the Lifespan, which is designed to provide funding for caregivers to purchase respite services..
- Title 467 - Medically Handicapped Children's Program - Governs the Medically Handicapped Children's Program (MHCP), which provides coverage of medical services for children with certain disabilities; the Genetically Handicapped Persons' Program, which is an extension of the MHCP and provides coverage of certain services for persons age 21 or older who require treatment for cystic fibrosis, hemophilia, and sickle cell disease; and the SSI Disabled Children's Program, which serves children who receive monthly SSI grants and helps families care for their children at home by funding services such as respite care, mileage for long-distance medical trips, special equipment, and home modification.
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Title 471 - Nebraska Medicaid Program Services - Governs services under Nebraska Medicaid. Each chapter deals with a specific service and includes definitions and descriptions, limitations, prior authorization requirements, billing requirements, and payment provisions.
- Title 472 - Disabled Persons and Family Support - Governs the Disabled Persons and Family Support program, which coordinates and purchases services and items to assist employed adults with disabilities to maintain their independence, and to help families keep family members with disabilities in their homes.
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Title 480 - Home and Community-Based Waiver Services and Optional Targeted Case Management Services - Governs services under Nebraska's Medicaid HCBS waivers.
Medicaid HCBS Waivers
Medicaid Home and Community-Based Services (HCBS) waivers allow Nebraska to use federal Medicaid funds for services in the community. When a person receives waiver services, the state receives federal money. This allows more people to receive services. The Public Comment page has information about waiver changes.
To be eligible, a person must have Medicaid. To apply for Medicaid, contact your
local DHHS office or apply online at iServeNebraska.
Available HCBS Waivers for Eligible People - A quick look at Nebraska's four Medicaid HCBS waivers.
A participant can only be on one waiver at a time. A participant can be on one waiver while waiting for a different waiver.
To be on a Medicaid HCBS waiver, a person must meet level of care requirements outlined in the waiver.
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Aged and Disabled (AD) Waiver - Offers services for people over the age of 65 and people of all ages who have disabilities. Helps people live safely in their own home. A participant must meet level of care for a nursing facility (NF).
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Comprehensive Developmental Disabilities (CDD) Waiver – Offers services for people of all ages with developmental disabilities. Maximizes independence as participants live, work and socialize in their communities. A participant must have a developmental disability and meet level of care for an intermediate care facility for individuals with intellectual disabilities (ICF/IID).
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Developmental Disabilities Adult Day (DDAD) Waiver – Offers services for people ages 21 and over with developmental disabilities. Maximizes participants' independence to work in their communities. There is a focus on competitive, integrated employment. A participant must have a developmental disability and meet level of care for an intermediate care facility for individuals with intellectual disabilities (ICF/IID).
- Family Support Waiver (FSW) – Offers services to people under the age of 21 years old, who are eligible with a developmental disability, and live with their family. A participant must have a developmental disability and meet level of care for an intermediate care facility for individuals with intellectual disabilities (ICF/IID).
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Traumatic Brain Injury (TBI) Waiver - Offers services for people ages 18 and older who have had a traumatic brain injury. Helps people live safely in their home and community. A participant must meet level of care for a nursing facility (NF).
Nebraska Legislature
The Developmental Disabilities Services Act can be found in
Nebraska Revised Statute §§83-1202 to 83-1227. On the legislative page, the Act may be viewed by using the right arrow to move through statutes.
The Family Support Waiver information can be found in Nebraska Revised Statute §§68-1530 to 68-1534.