Mental Health Centers
License Requirements

Any person intending to establish, operate, or maintain a mental health center must first obtain a license from the Department. All application materials must be submitted to:

Department of Health and Human Services Regulation and Licensure
Licensing & Regulatory Affairs
Mental Health Centers
PO Box 94986
Lincoln, NE 68509-4986

The initial license process occurs in two stages.

Stage #1: The first stage consists of the applicant’s submission of affirmative evidence of the ability to comply with the operational and physical plant standards contained in 175 Nebraska Administrative Code (NAC) 19 Sections 006 and 007. The application is not complete until the Department receives documents specified in 175 NAC 19 Section 003.01.

Stage #2: The second stage consists of the Department’s review of the completed application and pass three types of inspections - (1) physical plant, (2) operations/policies, and (3) Fire Marshal. The Department determines whether the applicant meets the standards contained in 175 NAC 19 and the Health Care Facility Licensure Act.

A mental health center can not operate until the license has been issued.

Application: To apply for a license, the applicant must submit an application to the Department. In addition to the application, the following must also be submitted:

1. List of names and addresses of all persons in control of the facility. The list must include all individual owners, partners, limited liability company members, and members of boards of directors owning or managing operations, and any other persons with financial interests or investments in the facility. In the case of publicly held corporations, only those stockholders who own 5% or more of the company’s stock must be listed;
2. If the applicant is a foreign corporation, a copy of the registration as a foreign corporation filed with the Nebraska Secretary of State;
3. Schematic plans;
4. For new construction, construction plans completed in accordance with The Engineers and Architects Regulation Act, Neb. Rev. Stat. §§ 81-3401 to 81-3455. An applicant may construct a project and /or certification document, or obtain a form from the Department. Construction plans must include the following:

1. Project name, description of the project with quantity and floor area information on bed, care, treatment, bathing, toileting, dining, and activity locations, building systems, medical equipment, street address, and contact person;
2. Site plan, floor plans, elevations, wall and building sections, construction details, plumbing and electrical diagrams, construction component schedules;
3. Complete list of names, titles and telephone numbers of other authorities reviewing or inspecting the construction;
4. Upon Department request, such additional information that may be required for review, such as structural and mechanical calculations, electrical system calculations, and product and equipment information; and
5. Certification, if any, from a licensed architect or engineer that the schematic plans, construction plans, and any revisions thereof meet the requirements of 175 NAC 19 Section 007;

5. Copies of zoning approval from the relevant jurisdiction;
6. Occupancy certificates issued by the State Fire Marshal or delegated authority; and
7. The required licensure fee (see table below).                                                     

License Not Transferable: A license is issued only for the premises and persons named in the application and is not transferable or assignable. Change of ownership (sale, whether of stock, title, or assets, lease, discontinuance of operations) or premises terminates the license. If there is a change of ownership and the facility remains on the same premises, an inspection is not required. However, if a facility changes premises, it must pass the inspection.