Upcoming Public Hearings on
Proposed DHHS Rules and Regulations
The link for each hearing date below will take you to the Notice of Public Hearings for that date.
Hearing Date Subjects
Information on Medicaid 2008 Nursing Facility and ICF/MR Rates for Fiscal Year 2008Thursday, May 15, 2008 Methamphetamine Clean-up
Thursday, May 22, 2008 Medicaid - Billing the Client;See Termination NoticeThursday, May 22, 2008 Medicaid Limitations - Dental
Thursday, May 22, 2008 Medicaid Limitations - Hearing Aids
Thursday, May 22, 2008 Medicaid Limitations – Therapies – Physical , Occupational, & Speech
Thursday, May 22, 2008 Medicaid Limitations for Chiropractic
Thursday, May 22, 2008 Medicaid Limitations for Eyeglasses
Thursday, June 12, 2008 Health Professional and Occupational Licensure Fees
Thursday, June 12, 2008 Approval of Training Programs and Qualifications for Nursing Assistants in Nursing Homes
Thursday, June 12, 2008 Surface Water Treatment Attachment 1(Minimum Detectable Residuals)
Thursday, June 12, 2008 Refugee Resettlement Program
Information on Medicaid 2008
Nursing Facility and ICF/MR RatesFINAL RATES FOR NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION (ICF/MR’S) FOR THE RATE PERIOD JULY 1, 2007 TO JUNE 30, 2008
The Department of Health and Human Services, Division of Medicaid and Long-Term Care is publishing the final rates for nursing facilities and ICF/MR’s for the rate period July 1, 2007 to June 30, 2008, the methodologies underlying the establishment of the rates, and justification for the final rates, as required by Section 1902(a)(13) of the Social Security Act [42 U.S.C. 1396a].
Click here to view the rates.
The nursing facility rates were re-based using 6/30/06 cost reports; the previous rates were based on 6/30/05 cost reports. This change allowed the Department to use the most currently-available data. The rates were updated using an inflation factor of 4.9%, which recognized as allowable a reasonable cost increase that was expected to be incurred by Nebraska facilities subsequent to the June 30, 2006 cost reports.
Rates for ICF/MR’s were re-based using 6/30/06 cost reports; previous rates were based on 6/30/05 cost reports. This change allowed the Department to use the most currently-available data. The rates were updated using an the inflation factor of 4.9%, which recognized as allowable a reasonable cost increase that was expected to be incurred by Nebraska ICF/MR’s subsequent to the June 30, 2006 cost reports.
Thursday, May 15, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE2:00 p.m. CT
The Department of Health and Human Services (DHHS) Division of Public Health is holding this hearing to accept comments on proposed new regulations to Environmental Health in Title 178, Chapter 24 of the Nebraska Administrative Code (NAC).
The proposed new regulations will establish requirements and procedures that a property owner must follow in the decontamination of property that is used for human habitation and is also known to have been a laboratory where methamphetamine was produced.
Authority for these regulations is found in Laws 2006, LB915 and Neb. Rev. Stat. Sections 71-2432 to 71-2435 and 81-3117(7).
All interested persons are invited to attend and comment at the hearing or to submit comments in writing. Written comments must be postmarked or received by 5:00 p.m. CT May 17, 2008, and should be sent to DHHS, Regulatory Analysis and Integration, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026, fax 402-742-2382, or e-mailed to Rules.Regs@dhhs.ne.gov
Draft copies of the regulations and the estimated schedule for rulemaking are available at DHHS as above, phone 402-471-9022, and at the office of the Secretary of State, Regulations Division, Room 1305, State Capitol, Lincoln, NE 68509, phone 402-471-2385. The draft fiscal impact statement for these regulations is available at DHHS as above. Draft regulations will be available online 3 weeks before the hearing at http://www.sos.ne.gov/rules-and-regs/regtrack/index.cgi
If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call 402-471-9022. For persons with hearing impairments, please 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 before the hearing date. This notice is given in compliance with Neb. Rev. Stat. Section 84-907.
Thursday, May 22, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is holding these hearings to accept comments on proposed changes to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471 of the Nebraska Administrative Code (NAC). Authority for these regulations is found in Neb. Rev. Stat. Sections 68-908 and 81-3117(7). In all the proposed regulations, the names of the Department and the Division have been updated to reflect the reorganization in LB 296, Laws 2007.
At the May 22 hearings at 9:00 a.m., 11:00 a.m., 1:00 p.m., 2:00 p.m., & 3:00 p.m., the Division will accept comments on proposed changes to 471 NAC 3 regarding “billing the client” to allow a provider to bill a Medicaid client for services if the client receives services that exceed coverage limits under Medicaid; for example, if the client’s services exceed a set number of services per year or if the client’s services exceed an annual dollar amount.
Thursday, May 22, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE9:00 a.m. CT
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is holding these hearings to accept comments on proposed changes to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471 of the Nebraska Administrative Code (NAC). Authority for these regulations is found in Neb. Rev. Stat. Sections 68-908 and 81-3117(7). In all the proposed regulations, the names of the Department and the Division have been updated to reflect the reorganization in LB 296, Laws 2007.
The proposed changes to 471 NAC 6 will:
• Establish a $1000 calendar year limit for dental services for adults;
• State that the provider must inform a client before treatment is provided of the client’s obligation to pay for a service if the client’s annual limit has been reached or if the amount of treatment proposed will cause the client’s annual limit to be exceeded;
• State that the client must inform a provider in advance of receiving treatment if a portion of his/her annual dental benefit amount has been expended; and
• Clarify coverage criteria and other limitations.
Thursday, May 22, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE11:00 a.m. CT
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is holding these hearings to accept comments on proposed changes to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471 of the Nebraska Administrative Code (NAC). Authority for these regulations is found in Neb. Rev. Stat. Sections 68-908 and 81-3117(7). In all the proposed regulations, the names of the Department and the Division have been updated to reflect the reorganization in LB 296, Laws 2007.
The proposed changes to 471 NAC 8 will:
• Allow Medicaid coverage for one hearing aid(s) (monaural or binaural) every four years if medically necessary for adults; and
• Revise the prior authorization process for hearing aids to require prior authorization on purchases that exceed $500.
Thursday, May 22, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE1:00 p.m. CT
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is holding these hearings to accept comments on proposed changes to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471 of the Nebraska Administrative Code (NAC). Authority for these regulations is found in Neb. Rev. Stat. Sections 68-908 and 81-3117(7). In all the proposed regulations, the names of the Department and the Division have been updated to reflect the reorganization in LB 296, Laws 2007.
The proposed changes to 471 NAC 10, 14, 17, and 23 will allow Medicaid coverage of 60 outpatient medical rehabilitation visits per calendar year for adults. This includes occupational therapy, physical therapy, and speech therapy provided as outpatient services in an office setting or in an outpatient hospital setting.
Thursday, May 22, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE2:00 p.m. CT
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is holding these hearings to accept comments on proposed changes to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471 of the Nebraska Administrative Code (NAC). Authority for these regulations is found in Neb. Rev. Stat. Sections 68-908 and 81-3117(7). In all the proposed regulations, the names of the Department and the Division have been updated to reflect the reorganization in LB 296, Laws 2007.
The proposed change to 471 NAC 5 will allow Medicaid coverage of 12 chiropractic treatments per calendar year.
Thursday, May 22, 2008
State Office Building, Lower Level Conf. Room A
301 Centennial Mall South, Lincoln, NE3:00 p.m. CT
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is holding these hearings to accept comments on proposed changes to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471 of the Nebraska Administrative Code (NAC). Authority for these regulations is found in Neb. Rev. Stat. Sections 68-908 and 81-3117(7). In all the proposed regulations, the names of the Department and the Division have been updated to reflect the reorganization in LB 296, Laws 2007.
The proposed change to 471 NAC 24 will allow Medicaid coverage of one pair of eyeglass frames or lenses in a 24-month period when required for the following reasons:
• First pair of prescription eye glasses;
• Size change due to growth;
• A prescribed lens change only if new lenses cannot be accommodated by the current frame; or
• The current frame is no longer useable due to irreparable wear, damage, breakage, or loss.******************************************************************************************
All interested persons are invited to attend and comment at any of these hearings or to submit comments in writing. Written comments must be postmarked or received by 5:00 p.m. CT May 24, 2008 and should be sent to the DHHS, Regulatory Analysis and Integration, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026, fax 402-742-2382, or e-mailed to Rules.Regs@dhhs.ne.gov
Draft copies of the regulations and the estimated schedules for rulemaking are available at DHHS as above, phone 402-471-9022, and at the office of the Secretary of State, Regulations Division, Room 1305, State Capitol, Lincoln, NE 68509, phone 402-471-2385. Draft fiscal impact statements for these regulations are available at DHHS as above. Draft regulations will be available online 3 weeks before the hearing at http://www.sos.ne.gov/rules-and-regs/regtrack/index.cgi
If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call 402-471-9022. For persons with hearing impairments, please 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 before the hearing date. This notice is given in compliance with Neb. Rev. Stat. Section 84-907.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF MEDICAID AND LONG-TERM CARE
NOTICE OF TERMINATION OF RULEMAKING
The Department of Health and Human Services (DHHS), Division of Medicaid and Long-Term Care, is terminating rulemaking proceedings concerning proposed amendments to regulations for the Nebraska Medical Assistance Program, also known as Medicaid, in Title 471, Chapter 3. The proposed changes were scheduled for public hearing on May 22, 2008.
These proposed changes were clarifications of existing regulations that allow a provider to bill a Medicaid client for services if the client receives services that exceed coverage limits under Medicaid; for example, if the client’s services exceed a set number of services per year or if the client’s services exceed an annual dollar amount.
The Department has determined that existing regulations are adequate and that the proposed changes are not needed.
This notice of termination of rulemaking is given in compliance with Neb. Rev. Stat. § 84-906.04. Inquiries about the regulations and the rulemaking process may be directed to DHHS Regulatory Analysis & Integration, P.O. Box 95007, Lincoln, NE 68509, phone 402-471-9022.
Thursday, June 12, 2008
State Office Building, Lower Level Conf. Room B
301 Centennial Mall South, Lincoln, NEThe Department of Health and Human Services (DHHS) Division of Public Health is holding this hearing to accept comments on proposed new regulations for health professional and occupational licensure fees in Title 172, Chapter 2 of the Nebraska Administrative Code (NAC).
The proposed regulations will create a new single chapter of regulations establishing fees for the licensure, certification, or registration of most health professions, occupations, and businesses. The fees established in this chapter will supercede fees currently located in individual chapters of professional licensure regulations. The proposed fees were developed by the Department with input from the respective professional boards, as prescribed by the Uniform Licensing Law.
Authority for these regulations is found in the Uniform Licensing Law and Neb. Rev. Stat. Section 81-3117(7).
Thursday, June 12, 2008
State Office Building, Lower Level Conf. Room C
301 Centennial Mall South, Lincoln, NEThe DHHS Division of Public Health is holding this hearing to accept comments on proposed changes to regulations on the approval of training programs and qualifications for nursing assistants (nurse aides) in nursing homes. The proposed changes will:
• Transfer the regulations from Title 175, Health Facilities and Services Licensure, Chapter 13, to Title 172, Professional and Occupational Licensure, Chapter 108 of the Nebraska Administrative Code (NAC);
• Incorporate provisions of Laws 2007, LB 185, Section 43, which allow an individual to petition the Department to remove a finding of conviction from the Nurse Aide Registry any time after a year has passed since the finding was placed on the Registry, and which prohibit certain persons from acting as nursing assistants (nurse aides); and
• Update, reorganize, and clarify the regulations.
Authority for these regulations is found in Neb. Rev. Stat. Sections 71-6013, 71-6038, 71-6039, 71-6040 to 71-6042, and 81-3117(7), and 42 CFR 483, Subpart D.
Thursday, June 12, 2008
State Office Building, Lower Level Conf. Room C
301 Centennial Mall South, Lincoln, NEThe DHHS Division of Public Health is holding this hearing to accept comments to readopt a previous version of Attachment 1, Minimum Detectable Residuals, in order to be consistent with Title 179 NAC 13, Surface Water Treatment.
Authority for these regulations is found in Neb. Rev. Stat. Sections 71-5301 to 71-5313 and 81-3117(7).
Thursday, June 12, 2008
State Office Building, Lower Level Conf. Room C
301 Centennial Mall South, Lincoln, NEThe DHHS Division of Children and Family Services is holding this hearing to accept comments on proposed changes to regulations for the Refugee Resettlement Program in Title 470 NAC, Chapters 1-4. The proposed changes will:
• Add provisions for emergency assistance;
• Change the effective date of eligibility from the first day of the month in which the refugee applies for assistance to the date the refugee arrived in this country, as required by federal regulations;
• Provide for the collection of all overpayments, regardless of cause; and
• Make miscellaneous updates to the regulations, including the removal of obsolete references.
Authority for these regulations is found in the federal Refugee Act of 1980 (Public Law 96-212), the Refugee Assistance Amendments of 1982 (P.L. 97-363), the Deficit Reduction Act of 2005 (P.L. 109-171), and Neb. Rev. Stat. Section 81-3117(7).*******************************************************************************************
All interested persons are invited to attend and comment at any hearing or to submit comments in writing. Written comments must be postmarked or received by 5:00 p.m. CT June 14, 2008 and should be sent to DHHS Regulatory Analysis and Integration, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026, fax 402-742-2382, or Rules.Regs@dhhs.ne.gov
Draft copies of the regulations and the estimated schedule for rulemaking are available at DHHS as above, phone 402-471-9022, and at the office of the Secretary of State, Regulations Division, Room 1305, State Capitol, Lincoln, NE 68509, phone 402-471-2385. Draft fiscal impact statements for these regulations are available at DHHS as above. Draft regulations will be available online 3 weeks before the hearing at http://www.sos.ne.gov/rules-and-regs/regtrack/index.cgi
If auxiliary aids or reasonable accommodations are needed to participate in a hearing, please call 402-471-9022. For persons with hearing impairments, please 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 before the hearing date. This notice is given in compliance with Neb. Rev. Stat. Section 84-907.
