Proposed Regulations - Future Public Hearings

 
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Statutes & Regs
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What you need to know

What you need to know

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
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
06/8/2021​Title 174 NAC 7 - Death, Marriage, and Dissolution of Marriage, and Title 174 NAC 8 - Report of Induced Abortion, Continuing Pregnancy After Mifepristone, Fetal Death, and Stillbirth

_____________________________________________________________________________________________________________________________

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.

_________________________________________________________________________________________________________________________________

June 8, 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 of amendments to the following regulations: 

Title 174 NAC 7Death, Marriage, and Dissolution of Marriage 

The proposed changes update formatting; remove all forms used for registering death, marriage, and dissolution of marriage from the regulations; specify the regulations' scope; and state the requirements for registration of death, marriage, and dissolution of marriage.  

Title 174 NAC 8Report of Induced Abortion, Continuing Pregnancy After Mifepristone, Fetal Death, and Stillbirth 

The proposed changes update formatting; remove all forms used for reporting and registering induced abortion, continuing pregnancy after Mifepristone, fetal death, and stillbirth; specify the regulations' scope; and state the requirements for reporting induced abortion and continuing pregnancy after taking Mifepristone and for registering fetal death and still birth.

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.