Proposed Regulations - Future Public Hearings

 
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Statutes & Regs
Operational
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Interested persons may attend the hearing and provide verbal or written comments or mail, fax or email written comments, no later than the day of the hearing to:

DHHS Legal Services,
PO Box 95026,
Lincoln, NE
68509-5026,
(402) 742-2382 OR
DHHS.Regulations@nebraska.gov, respectively.

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, Room 1305, State Capitol, Lincoln, NE, or by calling (402) 471-2385.

Tip

If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call (402) 471-8417. Individuals who are deaf or hard of hearing may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least two weeks before the hearing date. This notice is given in compliance with Neb. Rev. Stat. Section 84-907.

Public Hearings - Scroll Down to View Description of Hearing

Hearing DateSubjects
04/19/2021​Title 172 NAC 90 - Licensure and Supervision of Physician Assistants
04/19/2021​Title 471 NAC 12 - Nursing Facility Regulations and Title 471 NAC 44 - Nursing Facility Level of Care Determination for Adults
04/20/2021​Title 172 NAC 143 - Practice of Podiatry
04/21/2021​Title 471 NAC 8 - Hearing Aids
04/22/2021​Title 176 NAC 1 - Critical Incident Stress Management Program
04/26/2021​Title 467 - NAC 1 - 7 - Medically Handicapped Children's Program
05/05/2021​Preventitive Health Advisory Committe - Block Grant FY2021
05/10/2021​Title 395 NAC 6 - Assessment of Abuse and Neglect Reports
05/13/2021​Title 185 NAC 1 - 11 - Statewide Trauma System
05/18/2021

​Title 391 NAC 1 and 2 - Family Child Care Homes I & II

05/19/2021​Title 391 NAC 3, 4, and 5 - Child Care Centers

_____________________________________________________________________________________________________________________________

April 19, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive additional comments on proposed changes to Title 172, Chapter 90 of the Nebraska Administrative Code (NAC) – Licensure and Supervision of Physician Assistants. The proposed changes remove requirements for physician assistants with less than two years of experience and allow physician assistants to be supervised by podiatrists. Other proposed changes include: updating definitions; clarifying the language regarding the board's consideration of requests to waive the limit upon the number of physician assistants that a physician may supervise at any time; requiring proof of successful completion of the Physician Assistant National Certifying Examination as a licensure requirement; and updating the unprofessional conduct section to reference 172 NAC 88. The proposed changes also remove all duplicative statutory language from the regulations and remove any repetitive regulatory language found in 172 NAC 10.  

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments. 

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

April 19, 2021
1:00 p.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive comments on the proposed amendment and the proposed adoption of the following regulations: 

The following chapter is proposed for AMENDMENT: 

Title 471 NAC 12 Nursing Facility Regulations 

The proposed changes will remove provisions regarding level of care determinations for adults age 18 or older that are proposed for inclusion in a new Chapter 44. 

The following chapter is proposed for ADOPTION: 

Title 471 NAC 44 Nursing Facility Level of Care Determination for Adults 

The adoption of this new chapter will clarify and align the language in the regulations with the new assessment tool used in nursing facility level of care determinations for adults age 18 or older. It will also update definitions; specify how information about limitations in activities of daily living is obtained; clarify what are considered risk factors and limitations on cognitive functioning; and update the requirements for level of care determinations. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments. 

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-0501; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

April 20, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive additional comments on proposed changes to Title 172, Chapter 143 of the Nebraska Administrative Code (NAC) – Practice of Podiatry. The proposed changes streamline the language regarding continuing competency requirements, including by removing repetitive regulatory language that is found in 172 NAC 10. The proposed changes also set out additional requirements regarding initial licensure and unprofessional conduct and remove all duplicative statutory language from the regulations.  

 Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

April 21, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive comments on proposed changes to Title 471, Chapter 8 of the Nebraska Administrative Code (NAC) – Hearing Aids.  The proposed changes will remove all duplicate statutory and inconsistent language in the regulations, restructure the regulatory chapter, and update terminology to ensure compliance with the State Plan, other NAC chapters, federal law, and best practices. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments. 

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

April 22, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive additional comments on proposed changes to Title 176, Chapter 1 of the Nebraska Administrative Code (NAC) – Critical Incident Stress Management Program. The proposed amendments remove duplicative statutory language from the regulations and replace it with references to the Critical Incident Stress Management Act, Neb. Rev. Stat. §§ 71-7101 to 71-7113. The proposed amendments also update definitions; simplify the requirements for appointment to the critical incident stress management program and the standards of conduct; and update the process for appeals from removal from the critical incident stress management team. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments. 

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-0501; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

April 26, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive comments on the adoption, amendment, and repeal of the following regulations: 

The following regulation is proposed for ADOPTION

467 NAC 3Diagnoses and Services for the Medically Handicapped Children's Program 

The proposed new chapter will move the relevant portions of the regulations currently found in 467 NAC 4.  The adoption of this new chapter will remove certain details regarding out-of-state services, transportation, and adaptive equipment; streamline the organization of diagnoses; and remove directions for agency staff. 

The following regulation is proposed for REPEAL in its entirety. The relevant portions of this chapter are included in the proposed amendment to 467 NAC 5. 

467 NAC 7MHCP Providers 

The following regulations are proposed for AMENDMENT

467 NAC 1Administration 

The proposed changes include removing reference to other titles and chapters and updated with clarifying language; all definitions are now incorporated throughout the title; updated grievance and fair hearing rights; removing directions to agency staff; removing form names and numbers; restructure the regulatory chapter; and update formatting. 

467 NAC 2Referral, Application, and Eligibility for the Medically Handicapped Children's Program and the Genetically Handicapped Persons Program 

The proposed changes include removing examples of earned and unearned income; updating provisions on case actions and moving them to new subsections listed as notices. The propose changes will also remove directions for agency staff, lists of medical and service codes, forms, language for face-to-face interviews; and update formatting.  

467 NAC 4Diagnoses and Services for the Genetically Handicapped Persons Program 

The proposed changes will incorporate relevant portions formerly in 467 NAC 5, with amendments setting out requirements regarding service locations, out-of-state services, and non-covered services formerly incorporated by reference to other regulations; removing eligibility and rights provisions proposed for inclusion in 467 NAC 1-2; streamlining and standardizing the subsections on specific diseases so that they contain the same elements included in 467 NAC 3; removing lists of service components; removing directions for agency staff; and update formatting. 

467 NAC 5 Medical Providers and Payments for the Medically Handicapped Children's Program and Genetically Handicapped Persons Program 

The proposed changes will incorporate the relevant portions formerly in 467 NAC 7, with amendments that simplify reimbursement by using the Medicaid rate, rather than separate calculations; lengthen the billing period from 60 days to 6 months, as required by federal law; and require providers to retain records for 6 years, not 4 years. The proposed changes will also rely on Medicaid fee schedules for reimbursement rates; remove directions for agency staff; and update formatting. 

467 NAC 6Referral, Application, Eligibility, and Services for the Disabled Children's Program

The proposed changes include increasing the monthly reimbursement rate for respite care providers so that it aligns with the Lifespan Respite program; removing Supplemental Security Income from the program name; authorizing the re-use of agency background checks with respite care providers; specifying that the certification date is always the date when the agency receives the application; and relying on the federal mileage reimbursement rate, rather than one prescribed in regulation. The proposed changes will also remove directions for agency staff, references to grievances and fair hearings, references to specific forms, language on face-to-face visits, and references to services no longer utilized due to other resources, as well as update formatting. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 877-399-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

Nebraska Department of Health & Human Services
Preventive Health Advisory Committee
Meeting Agenda and
Notice of Public Hearing
May 5, 2021

Notice is hereby given that the Nebraska Preventive Health Advisory Committee will hold a meeting on May 5, 2021, from 10:00 a.m. to 12:30 p.m., with a public hearing from 11:00 a.m. to 11:30 a.m., at the Nebraska State Office Building, 301 Centennial Mall South, Lincoln, Nebraska, in Conference Room Lower Level B.

Purpose of the Public Hearing

Solicit comments from the public regarding the Preventive Health and Health Services (PHHS) Block Grant FY2021 proposed budget and project descriptions.  

The DRAFT FY2021 proposed budget and project descriptions will be posted April 28, 2021, on the Nebraska Department of Health and Human Services website here or http://dhhs.ne.gov/phhsbg. A hard copy may be requested by calling Patricia Patton at 402.471.2101. 

Agenda Item                                                                                Presenter(s)               

Call to order                                                                                Caryn Vincent

Roll call / introduction of members                                                           Suzanne Forkner

Approval of agenda                                                                          Caryn Vincent

Approval of minutes of previous meeting                                                      Caryn Vincent

Vote on Bylaws                                                                              Caryn Vincent

Presentation of FY2021 funding proposals                                                     Program Managers

*Public Hearing 11:00 a.m. – 11:30 a.m.                                                      Caryn Vincent

Discussion and initial recommendations regarding FY2021 funding proposals                    Committee

Confirm future meeting dates                                                                 Caryn Vincent & Committee

Other business                                                                               Committee

Adjourn                                                                                      Caryn Vincent

For additional information, advanced written materials, or meeting updates go to: http://dhhs.ne.gov/phhsbg or https://www.nebraska.gov/calendar/index.cgi  

*Persons who testify at the Public Hearing are asked to provide a written copy of their comments on the day of the hearing. Written comments will be accepted through end of business, April 30, 2021, via email to Suzanne Forkner at Suzanne.Forkner@nebraska.gov or by USPS to PHHSBG Public Comments, PO Box 95026, Lincoln NE  68509-5026.

_________________________________________________________________________________________________________________________________

May 10, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive comments on proposed changes to Title 395, Chapter 6 of the Nebraska Administrative Code (NAC) – Assessment of Abuse and Neglect Reports. The proposed changes would add new sections regarding the authority for the regulations, the abuse and neglect reporting hotline, screening of reports, categorizing of reports, and requirements for non-court involved cases. The proposed changes also update the requirements for assessments; specify additional details regarding contact with child victims, parental notification, and the completion of assessments; update the provisions regarding identification of trafficking victims and the criteria for an ongoing case; and restructure and renumber the chapter. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments. 

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may attend the hearing and provide verbal or written comments or mail, fax or email written comments, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8417.  Individuals who are deaf or hard of hearing may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

May 13, 2021
10:00 a.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive additional comments on adoption of amendments to and repeal of the following regulations:  

185 Nebraska Administrative Code (NAC) 1-11 – Statewide Trauma System. The regulations establish and maintain processes and standards for hospitals, specialty burn facilities, pediatric centers, and rehabilitation facilities to be designated as trauma centers. 

The following regulations is proposed for AMENDMENT:

185 NAC 1Scope and Authority 

The proposed changes to the regulation will: consolidate the regulations from eleven chapters into one chapter; remove any statutory language from the regulations; update definitions; provide a process for rehabilitation and burn facilities to apply for designation; set out facility designation expiration; set out the composition of designation review teams; update Trauma Registry requirements; remove language restricting trauma site reviewers from reviewing facilities within the same region; update trauma center criteria; provide board certified emergency physicians are not required to obtain continuing medical education for the purpose of meeting the physician requirements for the trauma center; add on-site review requirements; allow for the ability to do electronic virtual visits; and correct spelling errors and update formatting. 

The following regulations are proposed for REPEAL in their entirety.  The relevant portions of the following chapters are being included in the proposed amendments to Chapter 1.

185 NAC 2Definitions
185 NAC 3Communications
185 NAC 4Transportation
185 NAC 5 Designation of Trauma Centers
185 NAC 6Standards for Designation of Trauma Centers
185 NAC 7Standards for Designation of Specialty Level Trauma Centers
185 NAC 8Standards for Designation of Rehabilitation Centers
185 NAC 9Trauma Registry
185 NAC 10 Performance Improvement
185 NAC 11 Trauma Regions

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7).

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

May 18, 2021
1:00 p.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive additional comments on the adoption of amendments to and repeal of the following regulations in Title 391 Chapters 1 and 2 of the Nebraska Administrative Code (NAC) – Family Child Care Homes I & II. The proposed changes streamline the regulations by combining two chapters of regulations into one and removing all duplicative statutory language from the regulations. Other changes implement statutory requirements regarding fingerprint-based criminal background checks for licensees, staff, and covered family members and align the criminal history sections of these regulations with Title 391 Chapters 3 through 5. The proposed changes also update the requirements regarding health information reports; update pre-service training requirements and grounds for disqualification; clarify the requirements for use of restraints, including physical holds; add requirements for written consent for photographing the child and sharing on social media to be kept in the child's file; require all pets present in family child care homes to complete all vaccinations recommended by a licensed veterinarian; add all infants must sleep on the same level of the home as other children in the home; add in-person observation of the breathing movements of sleeping infants every 20 minutes and to document the wellbeing checks; and update the restrictions on smoking to include electronic cigarettes. 

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.

_________________________________________________________________________________________________________________________________

May 19, 2021
1:00 p.m. Central Time
Nebraska State Office Building – Lower Level A
301 Centennial Mall South, Lincoln, Nebraska

The purpose of this hearing is to receive comments on the proposed changes to the following regulations: 

Title 391 Chapter 3Child Care Centers 

The proposed changes implement statutory requirements regarding fingerprint-based criminal background checks for licensees and staff and require that children's records include parental consent or non-consent to photograph and post to social media. Other changes simplify the requirements regarding health information reports and animals and pets; update training requirements and grounds for disqualification; and clarify the requirements for use of restraints, including physical holds. The changes also streamline the regulations, including by removing all duplicative statutory language from the regulations and updating definitions and terminology. 

Title 391 Chapter 4School Age Only Centers 

The proposed changes implement statutory requirements regarding fingerprint-based criminal background checks for licensees and staff; require that children's records include parental consent or non-consent to photograph and post to social media; and impose a maximum limit on group size. Other changes simplify the requirements regarding health information reports and animals and pets; update training requirements and grounds for disqualification; clarify the requirements for use of restraints, including physical holds; and revise and augment licensing requirements and procedures, notification of changes, and standards of operation and care. The changes also streamline the regulations, including by removing all duplicative statutory language from the regulations and updating definitions and terminology. 

Title 391 Chapter 5 - Preschools 

The proposed changes implement statutory requirements regarding fingerprint-based criminal background checks for licensees and staff; require that children's records include parental consent or non-consent to photograph and post to social media; and impose maximum limits on group size based on age. Other changes simplify the requirements regarding health information reports and animals and pets; update training requirements and grounds for disqualification; clarify the requirements for use of restraints, including physical holds; and revise and augment licensing requirements and procedures, notification of changes, and standards of operation and care. The changes also streamline the regulations, including by removing all duplicative statutory language from the regulations and updating definitions and terminology.  

Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). 

Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing.  In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments.  

Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#.

Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to:  DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or dhhs.regulations@nebraska.gov, respectively. 

A copy of the proposed changes is available online at http://www.sos.ne.gov, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. 

Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223.  Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.