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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 845
Introduced by Health and Human Services Committee: Hardin, 48,
Chairperson; Ballard, 21; Hansen, 16; Meyer, G., 17; Riepe,
12.
Read first time January 08, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to public health and welfare; to amend1
sections 81-6,122, 81-2205, 81-2212, and 81-2226, Reissue Revised2
Statutes of Nebraska, sections 28-712, 71-561, 71-563, 71-564,3
71-565, 71-566, and 71-567, Revised Statutes Cumulative Supplement,4
2024, and section 71-814, Revised Statutes Supplement, 2025; to5
eliminate an advisory committee of the Nebraska Children's6
Commission; to rename and change provisions relating to the7
Alzheimer's Disease and Other Dementia Advisory Council; to redefine8
terms; to change membership; to change provisions relating to9
findings and recommendations of the advisory council; to change10
provisions relating to the State Alzheimer's Plan; to create the11
Aging, Alzheimer's, and Dementia Advisory Council Fund; to rename12
the State Advisory Committee on Mental Health Services; to eliminate13
the Division of Medicaid and Long-Term Care Advisory Committee on14
Aging; to harmonize provisions; to repeal the original sections; and15
to outright repeal sections 68-1101, 68-1103, 68-1104, and 68-1106,16
Reissue Revised Statutes of Nebraska, and section 68-1105, Revised17
Statutes Cumulative Supplement, 2024. 18
Be it enacted by the people of the State of Nebraska,19
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Section 1. Section 28-712, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
28-712 (1) Upon receipt of a report pursuant to section 28-711, the3
department shall determine whether to (a) accept the report for4
traditional response and an investigation pursuant to section 28-713, (b)5
accept the report for alternative response pursuant to section 28-712.01,6
(c) accept the report for screening by the Review, Evaluate, and Decide7
Team to determine eligibility for alternative response, or (d) classify8
the report as requiring no further action by the department.9
(2)(a) The Nebraska Children's Commission shall appoint an advisory10
committee to examine the department's alternative response to reports of11
child abuse or neglect and to make recommendations to the Legislature,12
the department, and the commission regarding (i) the receipt and13
screening of reports of child abuse or neglect by the department, (ii)14
the ongoing use of alternative response, (iii) the ongoing use of15
traditional response, and (iv) the provision of services within16
alternative response and non-court-involved cases to ensure child safety,17
to reduce the risk of child abuse or neglect, and to engage families. The18
advisory committee may request, receive, and review data from the19
department regarding such processes. 20
(b) The members of the advisory committee shall include, but not be21
limited to, a representative of (i) the department, (ii) law enforcement22
agencies, (iii) county attorneys or other prosecutors, (iv) the state23
chapter of child advocacy centers as defined in 34 U.S.C. 20302, (v)24
attorneys for parents, (vi) guardians ad litem, (vii) a child welfare25
advocacy organization, (viii) families with experience in the child26
welfare system, (ix) family caregivers, (x) the Foster Care Review27
Office, and (xi) the office of Inspector General of Nebraska Child28
Welfare. Members of the advisory committee shall be appointed for terms29
of two years. The Nebraska Children's Commission shall appoint the30
chairperson of the advisory committee and may fill vacancies on the31
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advisory committee as they occur. 1
(2) (3) The department shall adopt and promulgate rules and2
regulations to carry out this section and sections 28-710.01, 28-712.01,3
and 28-713. Such rules and regulations shall include, but not be limited4
to, provisions on (a) the transfer of cases from alternative response to5
traditional response, (b) notice to families subject to a comprehensive6
assessment and served through alternative response of the alternative7
response process and their rights, including the opportunity to challenge8
agency determinations, (c) the provision of services through alternative9
response, and (d) the collection, sharing, and reporting of data.10
Sec. 2. Section 71-561, Revised Statutes Cumulative Supplement,11
2024, is amended to read: 12
71-561 Sections 71-561 to 71-567 and section 8 of this act shall be13
known and may be cited as the Aging, Alzheimer's, and Disease and Other14
Dementia Support Act. 15
Sec. 3. Section 71-563, Revised Statutes Cumulative Supplement,16
2024, is amended to read: 17
71-563 For purposes of the Aging, Alzheimer's, and Disease and Other18
Dementia Support Act: 19
(1) Council means the Aging, Alzheimer's, and Dementia Alzheimer's20
Disease and Other Dementia Advisory Council; and 21
(2) Department means the Department of Health and Human Services.22
Sec. 4. Section 71-564, Revised Statutes Cumulative Supplement,23
2024, is amended to read: 24
71-564 (1) The Aging, Alzheimer's, and Dementia Alzheimer's Disease25
and Other Dementia Advisory Council is created and shall include:26
(a) Fifteen Twelve voting members appointed by the Governor. The27
voting members shall consist of: (i) An individual living with28
Alzheimer's disease or another dementia or a family member of such an29
individual; (ii) an individual who is the family caregiver of an30
individual living with Alzheimer's disease or another dementia; (iii) an31
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individual who is a medical professional with experience diagnosing and1
treating Alzheimer's disease or other dementia represents nursing homes ;2
(iv) an individual who represents assisted-living facilities; (v) an3
individual who is a representative of a long-term care or community-based4
aging organization represents providers of adult day care services ; (vi)5
an individual who conducts research related to Alzheimer's disease or6
other dementia or represents an advocacy organization focused on dementia7
represents home care providers; (vii) an individual with experience or8
expertise regarding the needs of individuals with intellectual and9
developmental disabilities who are aging or living with dementia; and10
(viii) one representative from each of the eight planning-and-service11
areas as designated in the Nebraska Community Aging Services Act a12
medical professional who has experience diagnosing and treating13
Alzheimer's disease; (viii) an individual who conducts research regarding14
Alzheimer's disease or other dementia; (ix) an individual who represents15
a leading, nationwide organization that advocates on behalf of16
individuals living with Alzheimer's disease or other dementia; (x) an17
individual who represents an area agency on aging; (xi) an individual18
representing an organization that advocates for older adults; and (xii)19
an individual with experience or expertise in the area of the specific20
needs of individuals with intellectual and developmental disabilities and21
Alzheimer's disease or other dementia; and 22
(b) Five nonvoting members. The nonvoting members shall consist of:23
(i) The Director of Public Health or the director's designee; (ii) the24
Director of Developmental Disabilities Medicaid and Long-Term Care or the25
director's designee; (iii) the administrator a representative of the26
State Unit on Aging or the administrator's designee of the Division of27
Medicaid and Long-Term Care designated by the Director of Medicaid and28
Long-Term Care; (iv) a representative of the Nebraska Workforce29
Development Board designated by the board; and (v) the state long-term30
care ombudsman or the ombudsman's designee. 31
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(2) The terms of the initial members shall begin on the date of the1
first meeting as called by the Director of Public Health and (a) one-2
third shall serve for two-year terms, (b) one-third shall serve for3
three-year terms, and (c) one-third shall serve for four-year terms,4
including the chairperson and vice-chairperson. Thereafter all members5
shall serve four-year terms. Members may not serve more than two6
consecutive four-year terms. Vacancies shall be appointed by the Governor7
in the same manner as described in subdivision (1)(a) of this section.8
(3) Members of the council shall select the chairperson and vice-9
chairperson who shall not be employees of the state and may serve in such10
role for up to four consecutive years. The Director of Public Health or11
the director's designee shall call and preside over the first meeting12
until a chairperson is selected. Thereafter, the council shall meet at13
least quarterly at the call of the chairperson. A majority of the voting14
members shall constitute a quorum for the conduct of meetings.15
(4) The council shall hold meetings at least once every calendar16
quarter. 17
(5) Members shall serve on the council without compensation but18
shall be compensated for expenses incurred for such service as provided19
in sections 81-1174 to 81-1177. 20
(6) The department shall provide staff and support to the council as21
necessary to assist the council in the performance of its duties.22
Sec. 5. Section 71-565, Revised Statutes Cumulative Supplement,23
2024, is amended to read: 24
71-565 (1) The purpose of the council shall be to examine (a) the25
needs of aging individuals and individuals living with Alzheimer's26
disease or other dementia, (b) the services available in the state for27
those individuals and their family caregivers, and (c) the ability of28
health care providers and facilities to meet the current and future needs29
of such individuals. 30
(2) The council shall collaborate with the department and other31
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state departments as needed to gather input on issues and strategies that1
pertain to aging, Alzheimer's disease , and other dementia and identify2
proactive approaches on public health, workforce, caregiver support, and3
care delivery. The council shall monitor analysis, policy development,4
and program implementation related to aging, Alzheimer's disease , and5
other dementia. 6
Sec. 6. Section 71-566, Revised Statutes Cumulative Supplement,7
2024, is amended to read: 8
71-566 The council shall consider and make findings and9
recommendations on the following topics: 10
(1) Trends in the state's Alzheimer's disease and other dementia11
populations and service needs, including: 12
(a) The state's role in providing or facilitating long-term care,13
family caregiver support, and assistance to those with early-stage or14
early-onset Alzheimer's disease or other dementia;15
(b) The state's policies regarding individuals with Alzheimer's16
disease or other dementia; 17
(c) The fiscal impact of Alzheimer's disease and other dementia on18
publicly funded health care programs; and 19
(d) The establishment of a surveillance system to better determine20
the number of individuals diagnosed with Alzheimer's disease or other21
dementia and to monitor changes to such numbers; 22
(2) Existing resources, services, and capacity relating to the23
diagnosis and care of individuals living with Alzheimer's disease or24
other dementia, including: 25
(a) The type, cost, and availability of dementia care services;26
(b) The availability of health care workers who can serve people27
with dementia, including, but not limited to, neurologists,28
geriatricians, and direct care workers; 29
(c) Dementia-specific training requirements for public and private30
employees who interact with people living with Alzheimer's disease or31
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other dementia which shall include, but not be limited to, long-term care1
workers, case managers, adult protective services, law enforcement, and2
first responders; 3
(d) Home and community-based services, including respite care for4
individuals exhibiting symptoms of Alzheimer's disease or other dementia5
and their families; 6
(e) Quality care measures for home and community-based services and7
residential care facilities; and 8
(f) State-supported Alzheimer's disease and other dementia research9
conducted at universities located in this state; and10
(3) Policies and strategies that address the following:11
(a) Increasing public awareness of Alzheimer's disease and other12
dementia; 13
(b) Educating providers to increase early detection and diagnosis of14
Alzheimer's disease and other dementia; 15
(c) Improving the health care received by individuals diagnosed with16
Alzheimer's disease or other dementia; 17
(d) Evaluating the capacity of the health care system in meeting the18
growing number and needs of those with Alzheimer's disease and other19
dementia; 20
(e) Increasing the number of health care professionals necessary to21
treat the growing aging and Alzheimer's disease and dementia populations;22
(f) Improving services provided in the home and community to delay23
and decrease the need for institutionalized care for individuals with24
Alzheimer's disease or other dementia; 25
(g) Improving long-term care, including assisted living, for those26
with Alzheimer's disease or other dementia; 27
(h) Assisting unpaid Alzheimer's disease or dementia caregivers;28
(i) Increasing and improving research on Alzheimer's disease and29
other dementia; 30
(j) Promoting activities to maintain and improve brain health;31
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(k) Improving the collection of data and information related to1
Alzheimer's disease and other dementia and the resulting public health2
burdens; 3
(l) Improving public safety and addressing the safety-related needs4
of those with Alzheimer's disease or other dementia;5
(m) Addressing legal protections for, and legal issues faced by,6
individuals with Alzheimer's disease or other dementia; and7
(n) Improving the ways in which the government evaluates and adopts8
policies to assist individuals diagnosed with Alzheimer's disease or9
other dementia and their families; . 10
(4) The collection of facts and statistics and special studies of11
the conditions and problems pertaining to the employment, health,12
financial status, recreation, social adjustment, or other conditions and13
problems relating to the general welfare of aging individuals of the14
state; 15
(5) State and local agencies serving aging individuals for purposes16
of coordinating such agencies' activities, and reports from the various17
state agencies and institutions relating to matters within the18
jurisdiction of the council; 19
(6) The latest developments of research, studies, and programs being20
conducted throughout the nation relating to the problems and needs of21
aging individuals; 22
(7) The mutual exchange of ideas and information relating to aging23
individuals among federal, state, and local governmental agencies,24
private organizations, and individuals; and 25
(8) Cooperation with federal, state, and local agencies or private26
organizations in administering and supervising demonstration programs of27
services for aging individuals designed to foster continued participation28
of such individuals in family and community life and to prevent, insofar29
as possible, the onset of dependency and the need for long-term30
institutional care. 31
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Sec. 7. Section 71-567, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
71-567 (1)(a) No later than December 31, 2024, the council shall3
compile the findings and recommendations under the Alzheimer's Disease4
and Other Dementia Support Act and submit them as a State Alzheimer's5
Plan to the Legislature and the Governor. 6
(b) No later than December 31, 2028, and every Every four years7
thereafter, the council shall issue an updated State Alzheimer's Plan8
addressing the items in sections 71-565 and 71-566 and any other issues9
the council deems necessary and relevant toward addressing Alzheimer's10
disease and dementia in Nebraska. 11
(2) By October 1 of each year after the creation of the State12
Alzheimer's Plan, the council shall electronically submit to the13
Legislature and the Governor an annual report on the status of14
implementation of the State Alzheimer's Plan recommendations and any15
barriers to implementation. 16
Sec. 8. The Aging, Alzheimer's, and Dementia Advisory Council Fund17
is created. The fund shall consist of federal funds and grants or gifts18
for the purposes authorized by the Aging, Alzheimer's, and Dementia19
Support Act. Expenditures from the fund shall be subject to any20
conditions agreed upon for receiving such funds, grants, or gifts. Such21
funds, grants, or gifts shall be remitted to the State Treasurer for22
credit to the fund. Any money in the fund available for investment shall23
be invested by the state investment officer pursuant to the Nebraska24
Capital Expansion Act and the Nebraska State Funds Investment Act.25
Sec. 9. Section 71-814, Revised Statutes Supplement, 2025, is26
amended to read: 27
71-814 (1) The State Advisory Committee on Mental Health and28
Substance Use Services is created. Members of the committee shall have a29
demonstrated interest and commitment and specialized knowledge,30
experience, or expertise relating to the provision of mental health31
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services in the State of Nebraska. The committee shall consist of twenty-1
three members appointed by the Governor as follows: (a) One regional2
governing board member, (b) one regional administrator, (c) twelve3
consumers of behavioral health services or their family members, (d) two4
providers of behavioral health services, (e) two representatives from the5
State Department of Education, including one representative from the6
Division of Vocational Rehabilitation of the State Department of7
Education, (f) three representatives from the Department of Health and8
Human Services representing mental health, social services, and medicaid,9
(g) one representative from the Nebraska Commission on Law Enforcement10
and Criminal Justice, and (h) one representative from the Housing Office11
of the Community and Rural Development Division of the Department of12
Economic Development. 13
(2) The committee shall be responsible to the division and shall (a)14
serve as the state's mental health planning council as required by Public15
Law 102-321, (b) conduct regular meetings, (c) provide advice and16
assistance to the division relating to the provision of mental health17
services and, beginning July 1, 2026, substance use disorder services in18
the State of Nebraska, including, but not limited to, the development,19
implementation, provision, and funding of organized peer support20
services, (d) promote the interests of consumers and their families,21
including, but not limited to, their inclusion and involvement in all22
aspects of services design, planning, implementation, provision,23
education, evaluation, and research, (e) provide reports as requested by24
the division, and (f) engage in such other activities as directed or25
authorized by the division. 26
(3) Beginning July 1, 2026, the State Advisory Committee on Mental27
Health and Substance Use Services shall also perform the duties of the28
State Advisory Committee on Substance Abuse Services.29
Sec. 10. Section 81-6,122, Reissue Revised Statutes of Nebraska, is30
amended to read: 31
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81-6,122 (1) The Department of Health and Human Services shall, in1
collaboration with the Department of Correctional Services, the2
Department of Economic Development, the Department of Labor, the3
Department of Transportation, the Department of Veterans' Affairs, the4
State Department of Education, the University of Nebraska, and the Equal5
Opportunity Commission, develop a comprehensive strategic plan for6
providing services to qualified persons with disabilities in the most7
integrated community-based settings pursuant to the Olmstead decision.8
(2) The chief executive officer of the Department of Health and9
Human Services shall convene a team to: 10
(a) Develop the strategic plan described in subsection (1) of this11
section; 12
(b) Appoint and convene a stakeholder advisory committee to assist13
in the review and development of the strategic plan, such committee14
members to include a representative from the State Advisory Committee on15
Mental Health and Substance Use Services, the Advisory Committee on16
Developmental Disabilities, the Nebraska Statewide Independent Living17
Council, the Nebraska Planning Council on Developmental Disabilities, the18
Division of Rehabilitation Services in the State Department of Education,19
the Public Service Commission, the Commission for the Deaf and Hard of20
Hearing, the Commission for the Blind and Visually Impaired, a housing21
authority in a city of the first or second class and a housing authority22
in a city of the primary or metropolitan class, the Assistive Technology23
Partnership, the protection and advocacy system for Nebraska, an24
assisted-living organization, the behavioral health regions, mental25
health practitioners, developmental disability service providers, an26
organization that advocates for persons with developmental disabilities,27
an organization that advocates for persons with mental illness, an28
organization that advocates for persons with brain injuries, and an area29
agency on aging, and including two persons with disabilities representing30
self-advocacy organizations, and, at the department’s discretion, other31
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persons with expertise in programs serving persons with disabilities;1
(c) Arrange for consultation with an independent consultant to2
assist with the continued analysis and revision of the strategic plan and3
determine whether the benchmarks, deadlines, and timeframes are in4
substantial compliance with the strategic plan; 5
(d) Provide continuing analysis of the strategic plan and a report6
on the progress of the strategic plan and changes or revisions to the7
Legislature by December 15, 2021, and every three years thereafter; and8
(e) Provide the completed strategic plan to the Legislature and the9
Governor by December 15, 2019. 10
(3) The reports and completed plan shall be submitted electronically11
to the Legislature. 12
Sec. 11. Section 81-2205, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
81-2205 Council Committee shall mean the Aging, Alzheimer's, and15
Dementia Advisory Council Division of Medicaid and Long-Term Care16
Advisory Committee on Aging. 17
Sec. 12. Section 81-2212, Reissue Revised Statutes of Nebraska, is18
amended to read: 19
81-2212 The council In addition to duties enumerated in section20
68-1104, the committee shall advise the department regarding:21
(1) The state plan on aging as developed and prepared by the22
department; 23
(2) Policies adopted by the department; 24
(3) The needs of the state's older individuals;25
(4) The development of the state plan and policies which affect the26
state's older individuals; 27
(5) Such rules, regulations, and standards as may be adopted by the28
department; and 29
(6) A community aging services budget for submission to the30
Legislature by the department. 31
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The council committee shall also act as a panel for the hearing and1
resolution of any appeal requested by an area agency on aging should the2
department disapprove the area plan and budget or amendments as3
submitted. 4
Sec. 13. Section 81-2226, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
81-2226 In the event of a documented malfeasance on the part of any7
area agency on aging in the administration of its area plan, and the8
failure of the governing unit of the area agency to take corrective9
action within a reasonable time, the department shall, with the advice of10
the council committee, terminate funding to the area agency governing11
unit by disapproving the area plan for that area agency on aging.12
Sec. 14. Original sections 81-6,122, 81-2205, 81-2212, and 81-2226,13
Reissue Revised Statutes of Nebraska, sections 28-712, 71-561, 71-563,14
71-564, 71-565, 71-566, and 71-567, Revised Statutes Cumulative15
Supplement, 2024, and section 71-814, Revised Statutes Supplement, 2025,16
are repealed. 17
Sec. 15. The following sections are outright repealed: Sections18
68-1101, 68-1103, 68-1104, and 68-1106, Reissue Revised Statutes of19
Nebraska, and section 68-1105, Revised Statutes Cumulative Supplement,20
2024. 21
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