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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 777
Introduced by Cavanaugh, M., 6.
Read first time January 07, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Medical Assistance Act; to amend1
section 68-908, Revised Statutes Cumulative Supplement, 2024; to add2
eligibility and reporting requirements for the Department of Health3
and Human Services as prescribed; and to repeal the original4
section. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 68-908, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
68-908 (1) The department shall administer the medical assistance3
program. 4
(2) The department may (a) enter into contracts and interagency5
agreements, (b) adopt and promulgate rules and regulations, (c) adopt fee6
schedules, (d) apply for and implement waivers and managed care plans for7
services for eligible recipients, including services under the Nebraska8
Behavioral Health Services Act, and (e) perform such other activities as9
necessary and appropriate to carry out its duties under the Medical10
Assistance Act. A covered item or service as described in section 68-91111
that is furnished through a school-based health center, furnished by a12
provider, and furnished under a managed care plan pursuant to a waiver13
does not require prior consultation or referral by a patient's primary14
care physician to be covered. Any federally qualified health center15
providing services as a sponsoring facility of a school-based health16
center shall be reimbursed for such services provided at a school-based17
health center at the federally qualified health center reimbursement18
rate. 19
(3) The department shall maintain the confidentiality of information20
regarding applicants for or recipients of medical assistance and such21
information shall only be used for purposes related to administration of22
the medical assistance program and the provision of such assistance or as23
otherwise permitted by federal law. 24
(4) The department shall provide the maximum amount of retroactive25
coverage for each medical assistance eligibility category as permitted by26
federal law. 27
(5) (4) The department shall prepare an annual summary and analysis28
of the medical assistance program for legislative and public review. The29
department shall submit a report of such summary and analysis to the30
Governor and the Legislature electronically no later than December 1 of31
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each year. The annual summary shall include, but not be limited to:1
(a) The number and percentage of applications approved and denied;2
(b) The number of eligibility determinations, including the number3
and percentage of those individuals remaining enrolled, terminations, and4
other determinations; 5
(c) The number of case closures in the medical assistance program6
and the Children's Health Insurance Program and the specific reason for7
the closure broken down by (i) eligibility category, including program8
type, (ii) local public health district or other geographic area, and9
(iii) race or ethnicity, if available; 10
(d) The number of medical assistance program and Children's Health11
Insurance Program enrollees broken down by (i) eligibility category,12
including program type, (ii) local public health district or other13
geographic area, and (iii) race or ethnicity, if available;14
(e) The number and percentage of redeterminations or renewals15
processed ex parte, broken down by (i) eligibility category, including16
program type and (ii) race or ethnicity, if available;17
(f) The average number of days required to process applications for18
the medical assistance program and Children's Health Insurance Program,19
separating the data by applicants with modified adjusted gross income and20
nonmodified adjusted gross income eligibility; 21
(g) The rate of re-enrollment within ninety days of termination and22
within twelve months of termination, broken down by (i) eligibility23
category, including program type, (ii) local public health district or24
other geographic area, and (iii) race or ethnicity, if available;25
(h) The average client call duration; 26
(i) The client call abandonment rate; 27
(j) The number of requests for a fair hearing separated by (i)28
eligibility category and program type, (ii) outcome, and (iii) amount of29
time until final disposition; and 30
(k) A link to the medical assistance program fair hearing decisions31
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that have been redacted to protect private and health information, which1
shall be posted on the department's website; . 2
(l) The status of community engagement requirements, including:3
(i) A description of the plans to implement community engagement4
requirements for medicaid recipients, including the authority and5
effective date for the requirements and the recipients subject to the6
requirements; 7
(ii) The number of denied applications and renewals for failure to8
meet community engagement requirements; 9
(iii) The number of applications and renewals denied because the10
community engagement requirement verification could not be completed;11
(iv) The number of applications and renewals which required the12
recipient to submit additional information relating to compliance with13
community engagement requirements; 14
(v) The number of applications and renewals approved because the15
applications and renewals received an exemption, the type of exemption,16
whether or not the exemption was applied automatically, and whether or17
not the recipient was required to take action to receive the exemption;18
(vi) The number of applications and renewals approved because the19
applications and renewals complied with the community engagement20
requirement, disaggregated by the compliance activity type, whether or21
not compliance was determined automatically, and whether or not the22
recipient was required to take further action in order to be approved;23
(vii) The number of applications and renewals denied or terminated24
due to a failure to meet community engagement requirements in which the25
recipient was re-enrolled within ninety days and the number of such26
applications and renewals in which the recipient was re-enrolled within27
twelve months; 28
(viii) A list of data sources the department uses to verify29
compliance or exemption status; and 30
(ix) A list of external vendors contracted by the state to assess31
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compliance with, or exemption from, community engagement requirements,1
including a link to each vendor's current contract;2
(m) The number of identified cases of concurrent enrollment and3
external vendors contracted by the state to identify concurrent4
enrollees, including a link to each vendor's contract. For cases5
terminated for concurrent enrollment, the rate of re-enrollment within6
ninety days after the date of termination and the rate of re-enrollment7
within twelve months after the date of termination; and8
(n) A description of cost sharing, premiums, copays, and deductibles9
for goods and services provided under the medical assistance program,10
including (i) the amounts of the cost sharing, premiums, copays, and11
deductibles and (ii) the payment source for collected cost sharing.12
Sec. 2. Original section 68-908, Revised Statutes Cumulative13
Supplement, 2024, is repealed. 14
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