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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1233
Introduced by Hansen, 16; Ballard, 21.
Read first time January 21, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to developmental disabilities; to adopt the1
Developmental Disabilities Provider Excessive Training and Cost2
Reduction Act. 3
Be it enacted by the people of the State of Nebraska,4
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Section 1. Sections 1 to 5 of this act shall be known and may be1
cited as the Developmental Disabilities Provider Excessive Training and2
Cost Reduction Act. 3
Sec. 2. The purpose of the Developmental Disabilities Provider4
Excessive Training and Cost Reduction Act is to prohibit the department5
from imposing unnecessarily costly training requirements on employees of6
providers and to ensure that training requirements imposed by the7
department are focused solely on ensuring the health, safety, and welfare8
of the individuals served by providers. The Developmental Disabilities9
Provider Excessive Training and Cost Reduction Act further ensures that10
such training requirements are appropriate, competitively priced, and11
meet all federal requirements for the provision of developmental12
disabilities services. 13
Sec. 3. For purposes of the Developmental Disabilities Provider14
Excessive Training and Cost Reduction Act: 15
(1) Department means the Department of Health and Human Services;16
(2) Employee means an individual employed by a provider, including17
full-time, part-time, temporary, and contract staff; and18
(3) Provider means an individual, organization, or entity licensed19
or certified by the state to provide services to individuals with20
developmental disabilities. 21
Sec. 4. (1) The department shall not require, by rule, regulation,22
or other guidance or directive, that: 23
(a) An employee of a provider complete training in the use of a24
physical restraint unless such employee's job duties may reasonably25
require the employee to physically restrain an individual with26
developmental disabilities during the course of employment; and27
(b) Physical restraint training, or related requirements for an28
employee of a provider, exceed the minimum requirements necessary to29
comply with applicable federal law or regulations.30
(2) If the department requires physical restraint training, by rule,31
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regulation, or other guidance or directive, for an employee of a1
provider, the department shall offer at least two separate options for2
fulfilling such training requirements to ensure that training options are3
cost competitive. At least one such option shall permit a provider to4
utilize an in-house training program if the program meets the safety and5
content standards established by federal law and regulations.6
Sec. 5. The Developmental Disabilities Provider Excessive Training7
and Cost Reduction Act shall apply to all training requirements for8
employees of providers whether currently in place or issued, renewed, or9
enforced by the department on or after the effective date of this act.10
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