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LEGISLATIVE BILL 1091
Approved by the Governor April 14, 2026
Introduced by Bostar, 29.
A BILL FOR AN ACT relating to public assistance; to amend section 68-994,
Revised Statutes Cumulative Supplement, 2024; to provide requirements for
long-term care clients with special needs under the medical assistance
program; and to repeal the original section.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 68-994, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
68-994 (1) Until July 1, 2023, the department shall not add long-term care
services and supports to the medicaid managed care program. For purposes of
this section, long-term care services and supports includes services of a
skilled nursing facility, a nursing facility, and an assisted-living facility
and home and community-based services.
(2) It is the intent of the Legislature that services provided to long-
term care clients with special needs be administered in a manner that preserves
continuity of care, program stability, and specialized oversight.
(3)(a) The department shall exclude skilled nursing facility and nursing
facility services for long-term care clients with special needs from enrollment
with medicaid managed care organizations.
(b) For purposes of this section, (i) long-term care client with special
needs means a medicaid recipient whose medical or nursing needs are complex or
intensive and exceed the usual level of staff expertise and services ordinarily
provided in a nursing facility and (ii) provider means a medicaid-approved
provider of long-term care services for long-term care clients with special
needs.
(c) Skilled nursing facility and nursing facility services provided to a
long-term care client with special needs shall continue to be administered and
reimbursed through fee-for-service medicaid or another delivery system
authorized under state or federal law and not through medicaid managed care
organizations.
(d) The department shall not require a provider to enroll with a managed
care organization as a condition of eligibility to serve a long-term care
client with special needs.
(e) Nothing in this subsection shall prohibit the department from
requiring a managed care organization to coordinate benefits other than skilled
nursing facility or nursing facility services or provide wraparound services
for a long-term care client with special needs if financial risk and
utilization management for a provider is not administered by the managed care
organizations.
(f) The department shall amend medicaid managed care contracts as
necessary, including, but not limited to, revisions to enrollment processes, no
later than six months after the effective date of this act.
(g) The department may adopt and promulgate rules and regulations to
implement this subsection.
Sec. 2. Original section 68-994, Revised Statutes Cumulative Supplement,
2024, is repealed.
LB1091
2026
LB1091
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