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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 812
Introduced by Bostar, 29.
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; to2
provide requirements for the Department of Health and Human Services3
relating to eligibility redeterminations and community engagement;4
to repeal the original section; and to declare an emergency.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 prepare an annual summary and analysis of25
the medical assistance program for legislative and public review. The26
department shall submit a report of such summary and analysis to the27
Governor and the Legislature electronically no later than December 1 of28
each year. The annual summary shall include, but not be limited to:29
(a) The number and percentage of applications approved and denied;30
(b) The number of eligibility determinations, including the number31
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and percentage of those individuals remaining enrolled, terminations, and1
other determinations; 2
(c) The number of case closures in the medical assistance program3
and the Children's Health Insurance Program and the specific reason for4
the closure broken down by (i) eligibility category, including program5
type, (ii) local public health district or other geographic area, and6
(iii) race or ethnicity, if available; 7
(d) The number of medical assistance program and Children's Health8
Insurance Program enrollees broken down by (i) eligibility category,9
including program type, (ii) local public health district or other10
geographic area, and (iii) race or ethnicity, if available;11
(e) The number and percentage of redeterminations or renewals12
processed ex parte, broken down by (i) eligibility category, including13
program type and (ii) race or ethnicity, if available;14
(f) The average number of days required to process applications for15
the medical assistance program and Children's Health Insurance Program,16
separating the data by applicants with modified adjusted gross income and17
nonmodified adjusted gross income eligibility; 18
(g) The rate of re-enrollment within ninety days of termination and19
within twelve months of termination, broken down by (i) eligibility20
category, including program type, (ii) local public health district or21
other geographic area, and (iii) race or ethnicity, if available;22
(h) The average client call duration; 23
(i) The client call abandonment rate; 24
(j) The number of requests for a fair hearing separated by (i)25
eligibility category and program type, (ii) outcome, and (iii) amount of26
time until final disposition; and 27
(k) A link to the medical assistance program fair hearing decisions28
that have been redacted to protect private and health information, which29
shall be posted on the department's website. 30
(5)(a) The department shall redetermine eligibility for the medical31
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assistance program no more frequently than required by 42 U.S.C. 1396a(e)1
(14)(L), as such section existed on January 1, 2026.2
(b) The department shall implement community engagement requirements3
for the medical assistance program only as required by 42 U.S.C.4
1396a(xx), as such section existed on January 1, 2026, and the department5
shall: 6
(i) Implement community engagement requirements no earlier than the7
date required by 42 U.S.C. 1396a(xx), as such section existed on January8
1, 2026, or by the federal Centers for Medicare and Medicaid Services,9
whichever is later; 10
(ii) Require no more than one month of compliance with, or exemption11
from, the community engagement requirements for (A) applicants for12
medical assistance; and (B) enrollees since the most recent application13
or renewal; and 14
(iii) Verify community engagement requirement compliance or15
exemption status only at redetermination of eligibility and not more16
frequently than once every six months. 17
Sec. 2. Original section 68-908, Revised Statutes Cumulative18
Supplement, 2024, is repealed. 19
Sec. 3. Since an emergency exists, this act takes effect when20
passed and approved according to law. 21
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