Regulations and Waivers for DDD

 
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Statutes & Regs
Developmental Disabilities
 
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What you need to know

What you need to know

​​​​​​​​​​​​​​​​​​​​​​​​​​Regulations

Services in Nebraska ​must comply with state regulations, known as the Nebraska Administrative Code (NAC).​

The following regulations apply to services DDD oversees​:

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​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.

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.

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The Public Comment page has information about waiver changes.

Family Support Waiver - Approved by CMS

The Family Support Waiver (FSW) has been approved by the federal Centers for Medicare and Medicaid (CMS) approved Nebraska's new waiver on March 1, 2024. The waiver will begin March 1, 2024, and offer services to 850 children currently on the DD Registry. A PDF of the approved waiver is in the Current Medicaid HCBS Waivers drop-down. 

The following publications provide more information:

  • FSW Info Sheet – A one-page flyer listing services and eligibility requirements.
  • FSW Eligibility and Priority Brochure – A trifold brochure including eligibility requirements, DD Registry information, FSW funding priorities, and a flow-chart on the funding offer process.
  • FSW Services Quick Guide​ – Paragraph descriptions of each service available on this waiver, as well as a chart comparing to the services available on other DD Waivers. ​

Current Medicaid HCBS Waivers

To be on a Medicaid HCBS waiver, a person must meet level of care requirements outlined in the waiver.

  • 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).
  • 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 people with developmental disabilities (ICF/DD). 
  • 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 people with developmental disabilities (ICF/DD). 
  • 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)​.
  • 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.