Read the full stored bill text
LEGISLATIVE BILL 867
Approved by the Governor April 14, 2026
Introduced by Health and Human Services Committee: Hardin, 48, Chairperson;
Ballard, 21; Hansen, 16; Meyer, G., 17.
A BILL FOR AN ACT relating to public health and welfare; to amend sections
43-2624, 68-927, 68-928, 68-1006, 68-1007, 71-2226, 71-7450, 81-6,122,
81-2205, 81-2212, 81-2226, 81-2234, 81-2235, 81-3113, 81-3116, 83-1201,
83-1204, and 83-1206, Reissue Revised Statutes of Nebraska, sections
30-38,113, 43-4413, 43-4504, 68-949, 71-561, 71-563, 71-564, 71-565,
71-566, and 71-567, Revised Statutes Cumulative Supplement, 2024, and
sections 38-131, 43-3342.04, 68-1530, 71-814, 71-1908, and 81-1316,
Revised Statutes Supplement, 2025; to change requirements for rules and
regulations relating to special needs trusts, fingerprints under the
Uniform Credentialing Act, funding provisions for child care grants, the
Title IV-D Division Customer Service Unit, and eligibility for young
adults in the bridge to independence program; to redefine a term and
provide requirements for licensed and self-funded insurers under the
Medical Assistance Act; to change requirements relating to establishing
medicaid nursing facility rates; to provide for a money follows the person
program for medicaid benefits; to change and eliminate requirements
relating to the application for, determination of need for, and payment of
assistance to the aged, blind, or disabled; to change provisions of and
rename the Alzheimer's Disease and Other Dementia Support Act and the
Alzheimer's Disease and Other Dementia Advisory Council and create a fund;
to rename the State Advisory Committee on Mental Health; to provide
requirements for a youth afterschool eligibility letter for child care
employment; to change a requirement of the state Commodity Supplemental
Food program; to provide for the use of wholesale drug distributor license
fees for the prescription drug monitoring program; to change provisions
relating to care management units; to provide for the maintenance of
epinephrine by certain schools; to rename the Division of Developmental
Disabilities of the Department of Health and Human Services and the
Director of Developmental Disabilities; to change and eliminate provisions
relating to divisions of the Department of Health and Human Services; to
eliminate the Division of Medicaid and Long-Term Care Advisory Committee
on Aging; to eliminate provisions relating to the Maternal and Child
Health and Public Health Work Fund; to eliminate an obsolete Nurse
Licensure Compact; to eliminate obsolete provisions; to harmonize
provisions; to provide operative dates; to repeal the original sections;
and to outright repeal sections 68-1008, 68-1101, 68-1103, 68-1104,
68-1106, 71-1795, 71-1795.02, 71-2201, 71-2202, 71-2203, 71-2204, 71-2205,
71-2207, 71-2208, 81-3133.02, 81-3134, 83-1216.02, 83-1227, and 83-1228,
Reissue Revised Statutes of Nebraska, and section 68-1105, Revised
Statutes Cumulative Supplement, 2024; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 30-38,113, Revised Statutes Cumulative Supplement,
2024, is amended to read:
30-38,113 (1) Each state agency that provides governmental benefits to
individuals of any age with disabilities through means-tested programs,
including the medical assistance program, shall adopt and promulgate rules and
regulations that:
(a) Are not more restrictive than existing federal law, regulations, or
policies with regard to the treatment of a special needs trust, including a
trust defined in 42 U.S.C. 1396p(c)(2) and 42 U.S.C. 1396p(d)(4);
(b) Are not more restrictive than any state law regarding trusts,
including any state law relating to the reasonable exercise of discretion by a
trustee, guardian, or conservator in the best interests of the beneficiary;
(c) Do not require disclosure of a beneficiary's personal or confidential
information without the consent of the beneficiary;
(d) Allow an individual account in a pooled special needs trust to be
funded without financial limit;
(e) Allow an individual to establish or fund an individual account in a
pooled special needs trust without an age limit or a transfer penalty , except
that a transfer by an individual sixty-five years of age or older into a
special needs trust shall comply with 42 U.S.C. 1396p(C) in order to avoid a
transfer penalty;
(f) Allow an individual to fund a special needs trust for the individual's
child with disabilities without a transfer penalty and regardless of the
child's age; and
(g) Allow all legally assignable income or resources to be assigned to any
special needs trust without limit.
(2) Nothing in this section may be interpreted to require a court order to
authorize the funding of, or a disbursement from, a special needs trust.
Sec. 2. Section 38-131, Revised Statutes Supplement, 2025, is amended to
read:
LB867
2026
LB867
2026
-1-
38-131 (1) An applicant for a an initial license to practice as a
registered nurse, a licensed practical nurse, a physical therapist, a physical
therapy assistant, a psychologist, an advanced emergency medical technician, an
emergency medical technician, an audiologist, a speech-language pathologist, a
licensed independent mental health practitioner, an occupational therapist, an
occupational therapy assistant, a dietitian, a certified social worker, a
certified master social worker, a licensed clinical social worker, a paramedic,
a physician, an osteopathic physician, a physician or osteopathic physician who
is an applicant for a temporary educational permit, a physician or osteopathic
physician who is an applicant for a temporary visiting faculty permit, a
physician assistant, a dentist, a dental hygienist, an optometrist, a
podiatrist, a veterinarian, an advanced practice registered nurse-nurse
practitioner, an advanced practice registered nurse-certified nurse midwife, or
an advanced practice registered nurse-certified registered nurse anesthetist
shall be subject to a criminal background check. Except as provided in
subsection (4) of this section, such an applicant for a an initial license
shall submit a full set of fingerprints to the Nebraska State Patrol for a
criminal history record information check. The applicant shall authorize
release of the results of the national criminal history record information
check by the Federal Bureau of Investigation to the department. The applicant
shall pay the actual cost of the fingerprinting and criminal background check.
(2) The Nebraska State Patrol is authorized to submit the fingerprints of
such applicants to the Federal Bureau of Investigation and to issue a report to
the department that includes the criminal history record information concerning
the applicant. The Nebraska State Patrol shall forward submitted fingerprints
to the Federal Bureau of Investigation for a national criminal history record
information check. The Nebraska State Patrol shall issue a report to the
department that includes the criminal history record information concerning the
applicant.
(3) This section shall not apply to a dentist who is an applicant for a
dental locum tenens under section 38-1122, to a physician or osteopathic
physician who is an applicant for a physician locum tenens under section
38-2036, or to a veterinarian who is an applicant for a veterinarian locum
tenens under section 38-3335.
(4) A physician or osteopathic physician who is an applicant for a
temporary educational permit shall have ninety days from the issuance of the
permit to comply with subsection (1) of this section and shall have such permit
suspended after such ninety-day period if the criminal background check is not
complete or revoked if the criminal background check reveals that the applicant
was not qualified for the permit.
(5) The department and the Nebraska State Patrol may adopt and promulgate
rules and regulations concerning costs associated with the fingerprinting and
the national criminal history record information check.
(6) For purposes of interpretation by the Federal Bureau of Investigation,
the term department in this section means the Division of Public Health of the
Department of Health and Human Services.
Sec. 3. Section 43-2624, Reissue Revised Statutes of Nebraska, is amended
to read:
43-2624 The Department of Health and Human Services shall award grants to
persons, community-based organizations, or schools needing assistance to start
or improve a child care program or needing assistance to provide staff training
for a child care program. No grant shall exceed ten thousand dollars. A
recipient of a grant shall not be eligible for a grant more than once in a
three-year period. Child care grants shall be awarded on the basis of need for
the proposed services in the community. Grants shall be given only to grantees
who do not discriminate against children with disabilities or children whose
care is funded by any state or federal funds. When considering grant
applications of equal merit, the department shall award the grant to the
applicant which has not previously received a grant from the Child Care Grant
Fund. The department may award grants in excess of the appropriation for this
program by spending available federal funds allowed for such grants.
Sec. 4. Section 43-3342.04, Revised Statutes Supplement, 2025, is amended
to read:
43-3342.04 (1) The Title IV-D Division shall establish a Customer Service
Unit. In hiring the initial staff for the unit, a hiring preference shall be
given to employees of the clerks of the district court. The duties of the
Customer Service Unit include, but are not limited to:
(a) Providing account information as well as addressing inquiries made by
customers of the State Disbursement Unit; and
(b) Administering two statewide toll-free telephone systems, one for use
by employers and one for use by all other customers, to provide responses to
inquiries regarding income withholding, the collection and disbursement of
support order payments made to the State Disbursement Unit, and other child
support enforcement issues, including establishing a call center with
sufficient telephone lines, a voice response unit, and adequate personnel
available during normal business hours to ensure that responses to inquiries
are made by the division's personnel or the division's designee.
(2) The physical location of the Customer Service Unit shall be in
Nebraska and shall result in the hiring of a number of new employees or
contractor's staff equal to at least one-fourth of one percent of the labor
force in the county or counties in which the Customer Service Unit is located .
Customer service staff responsible for providing account information related to
the State Disbursement Unit may be located at the same location as the State
LB867
2026
LB867
2026
-2-
Disbursement Unit.
Sec. 5. Section 43-4413, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
43-4413 (1) There is hereby established a child welfare practice model
work group. The work group may include, but is not limited to:
(a) The Director of Behavioral Health of the Division of Behavioral Health
or the director's designee;
(b) The Director of Children and Family Services of the Division of
Children and Family Services or the director's designee;
(c) The Director of Disability and Aging Developmental Disabilities of the
Division of Disability and Aging Developmental Disabilities or the director's
designee;
(d) The Director of Medicaid and Long-Term Care of the Division of
Medicaid and Long-Term Care or the director's designee;
(e) The Director of Public Health of the Division of Public Health or the
director's designee;
(f) The Commissioner of Education or the commissioner's designee;
(g) The State Court Administrator;
(h) A representative of the state judicial branch to be appointed by the
Chief Justice; and
(i) Representatives from each federally recognized Indian tribe within the
State of Nebraska, appointed by each tribe's Tribal Council or Executive
Committee.
(2) The work group shall develop a practice and finance model for child
welfare system transformation in Nebraska, with consultation from key
stakeholders, judges from separate juvenile courts and judges of county courts
sitting as juvenile courts, private child welfare providers, individuals with
lived experience in the child welfare system, the Nebraska Children's
Commission, the Inspector General of Nebraska Child Welfare, the Foster Care
Review Office, child advocacy centers, law enforcement, and county attorneys.
The practice and finance model shall include, but not be limited to:
(a) Development of a statewide mission and vision for the child welfare
system in Nebraska;
(b) Development of values and practice priorities for the child welfare
system in Nebraska;
(c) Development of statewide program goals and a practice and finance
model for child welfare system case management and service delivery;
(d) Development of engagement strategies to support community involvement
in child welfare system transformation;
(e) Development of strategies that strengthen relationships across the
court system, probation, executive branch agencies, the State Department of
Education, and community partners;
(f) Development of strategies that support integration across agencies;
(g) Development of accountabilities across the entire child welfare
system;
(h) Evaluation of the state's Title IV-E claiming practices and
identification of appropriate steps to optimize federal reimbursement for child
welfare system expenditures;
(i) Opportunities and financial mechanisms for providers to pilot
innovative solutions to meet program goals; and
(j) Development of a strategy for data collection and outcome monitoring.
(3) The work group shall provide monthly updates to the strategic
leadership group.
Sec. 6. Section 43-4504, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
43-4504 The bridge to independence program is available, on a voluntary
basis, to a young adult:
(1) Who has attained the age of eligibility;
(2) Who was adjudicated to be a juvenile described in:
(a) Subdivision (3)(a) of section 43-247 or the equivalent under tribal
law and (i) who, upon attaining the age of eligibility, was in an out-of-home
placement or had been discharged to independent living or (ii) with respect to
whom a kinship guardianship assistance agreement or an adoption assistance
agreement was in effect pursuant to 42 U.S.C. 673, if the young adult had
attained sixteen years of age before the agreement became effective, or with
respect to whom a state-funded guardianship assistance agreement or a state-
funded adoption assistance agreement was in effect if the young adult had
attained sixteen years of age before the agreement became effective;
(b) Subdivision (8) of section 43-247 or the equivalent under tribal law
if the young adult's guardianship or state-funded adoption assistance agreement
was disrupted or terminated after he or she had attained the age of sixteen
years and (i) who, upon attaining the age of eligibility, was in an out-of-home
placement or had been discharged to independent living or (ii) with respect to
whom a kinship guardianship assistance agreement or an adoption assistance
agreement was in effect pursuant to 42 U.S.C. 673 , if the young adult had
attained sixteen years of age before the agreement became effective , or with
respect to whom a state-funded guardianship assistance agreement or a state-
funded adoption assistance agreement was in effect if the young adult had
attained sixteen years of age before the agreement became effective; or
(c) Subdivision (1), (2), or (3)(b) of section 43-247 and (i) after
January 1, 2025, upon one day prior to attaining nineteen years of age or the
age of majority under relevant tribal law, was in a court-ordered out-of-home
placement and (ii) such placement had been authorized or reauthorized in the
LB867
2026
LB867
2026
-3-
six months prior to the juvenile attaining nineteen years of age or the age of
majority under relevant tribal law in a court order finding that it would be
contrary to the welfare of the juvenile to remain in or return to the
juvenile's family home;
(3) Who is:
(a) Completing secondary education or an educational program leading to an
equivalent credential;
(b) Enrolled in an institution which provides postsecondary or vocational
education;
(c) Employed for at least eighty hours per month;
(d) Participating in a program or activity designed to promote employment
or remove barriers to employment; or
(e) Incapable of doing any of the activities described in subdivisions (3)
(a) through (d) of this section due to a medical condition, which incapacity is
supported by regularly updated information in the case plan of the young adult;
(4) Who is a Nebraska resident, except that this requirement shall not
disqualify a young adult who was a Nebraska resident but was placed outside
Nebraska pursuant to the Interstate Compact for the Placement of Children; and
(5) Who does not meet the level of care for a nursing facility as defined
in section 71-424, for a skilled nursing facility as defined in section 71-429,
or for an intermediate care facility for persons with developmental
disabilities as defined in section 71-421.
Sec. 7. Section 68-927, Reissue Revised Statutes of Nebraska, is amended
to read:
68-927 For purposes of sections 68-926 to 68-933:
(1) Coordinate benefits means:
(a) Provide to the department information regarding the licensed insurer's
or self-funded insurer's existing coverage for an individual who is eligible
for a state benefit program; and
(b) Meet payment obligations;
(2) Coverage information means health information possessed by a licensed
insurer or self-funded insurer that is limited to the following information
about an individual:
(a) Eligibility for coverage under a health plan;
(b) Coverage of health care under the health plan; or
(c) Benefits and payments associated with the health plan;
(3) Health plan means any policy of insurance issued by a licensed insurer
or any employee benefit plan offered by a self-funded insurer that provides for
payment to , or on behalf of , an individual as a result of an illness,
disability, or injury or change in a health condition and includes a service
benefit plan, managed care organization, pharmacy benefit manager, or another
party that is legally responsible by law, contract, or agreement for payment of
a claim for a health care item or service;
(4) Individual means a person covered by a state benefit program,
including the medical assistance program, or a person applying for such
coverage;
(5) Licensed insurer means any insurer, except a self-funded insurer,
including a fraternal benefit society, producer, or other person licensed or
required to be licensed, authorized or required to be authorized, or registered
or required to be registered pursuant to the insurance laws of the state; and
(6) Self-funded insurer means any employer or union who or which provides
a self-funded employee benefit plan.
Sec. 8. Section 68-928, Reissue Revised Statutes of Nebraska, is amended
to read:
68-928 (1) Except as provided in subsection (2) of this section, at the
request of the department, a licensed insurer or a self-funded insurer shall
provide coverage information to the department without an individual's
authorization for purposes of:
(a) Determining an individual's eligibility for state benefit programs,
including the medical assistance program; or
(b) Coordinating benefits with state benefit programs.
Such information shall be provided within thirty days after the date of
request unless good cause is shown. Requests for coverage information shall
specify individual recipients for whom information is being requested.
(2)(a) Coverage information requested pursuant to subsection (1) of this
section regarding a limited benefit policy shall be limited to whether a
specified individual has coverage and, if so, a description of that coverage,
and such information shall be used solely for the purposes of subdivision (1)
(a) of this section.
(b) For purposes of this section, limited benefit policy means a policy of
insurance issued by a licensed insurer that consists only of one or more, or
any combination of the following:
(i) Coverage only for accident or disability income insurance, or any
combination thereof;
(ii) Coverage for specified disease or illness; or
(iii) Hospital indemnity or other fixed indemnity insurance.
(3) An entity that issues a health plan shall:
(a) Respond to a request by the department regarding a claim for payment
for a health care item or service submitted not later than three years after
the date of the provision of such health care item or service; and
(b) Not deny a claim submitted by the department solely on the basis of
the date of submission, the type or format of the claim form, or a failure to
present proper documentation at the point-of-sale, if (i) the claim is
LB867
2026
LB867
2026
-4-
submitted by the department within the three-year period beginning on the date
that the health care item or service was provided and (ii) an action by the
department to enforce its rights with respect to such claim is commenced within
six years after the date of the claim's submission. Such information shall be
provided to the department within thirty days after the date of its request
unless good cause is shown. A request for coverage information shall specify
the individual for whom information is being requested.
Sec. 9. Section 68-949, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
68-949 (1) It is the intent of the Legislature that the department
implement reforms to the medical assistance program such as those contained in
the Medicaid Reform Plan, including (a) an incremental expansion of home and
community-based services for aged persons and persons with disabilities
consistent with such plan, (b) an increase in care coordination or disease
management initiatives to better manage medical assistance expenditures on
behalf of high-cost recipients with multiple or chronic medical conditions, and
(c) other reforms as deemed necessary and appropriate by the department, in
consultation with the committee.
(2) The department shall develop recommendations based on a comprehensive
analysis of various options available to the state under applicable federal law
for the provision of medical assistance to persons with disabilities who are
employed, including persons with a medically improved disability, to enhance
and replace current eligibility provisions contained in subdivision (8) of
section 68-915.
(3) The department shall develop recommendations for further modification
or replacement of the defined benefit structure of the medical assistance
program. Such recommendations shall be consistent with the public policy in
section 68-905 and shall consider the needs and resources of low-income
Nebraska residents who are eligible or may become eligible for medical
assistance, the experience and outcomes of other states that have developed and
implemented such changes, and other relevant factors as determined by the
department.
(4)(a) It is the intent of the Legislature that the total amount
appropriated to the department for medicaid nursing facility rates be
identified as a dollar amount in the state budget and be used in the medicaid
nursing facility rate calculation, including the calculation of the annual
inflation factor. The total amount appropriated for medicaid nursing facility
rates shall include amounts for rate enhancement and any other purpose related
to medicaid nursing facility services and shall be used as the base for funding
for the following fiscal year.
(b) The department may take into consideration utilization relating to
client needs and preferred setting when establishing nursing facility rates for
prospective rating periods. If the department uses an amount that differs from
the identified appropriation in the calculation of nursing facility rates for
the prospective rate period, the department shall calculate the average
weighted medicaid nursing facility rate by dividing the projected total
medicaid nursing facility expenditures by the projected total medicaid nursing
facility days for the prospective rating period and such dollar amount and the
number of projected medicaid nursing facility resident days used in the
calculation shall be identified to the Legislature in the report required under
subdivision (4)(c) of this section. The average weighted medicaid nursing
facility daily rate shall not be less than the average weighted medicaid
nursing facility daily rate as of January 1, 2026, unless directed by the
Legislature or in the event of, and during, a state of emergency proclaimed by
the Governor pursuant to section 81-829.40.
(c) (b) The department shall file a report electronically with the
Legislative Fiscal Analyst and the Clerk of the Legislature no later than June
15 August 1 of each year identifying how the inflation factor was calculated
for that year's medicaid nursing facility rates and including the information
described in subdivisions (4)(a) and (b) of this section.
(d) (c) The department shall file a report electronically with the
Legislative Fiscal Analyst and the Clerk of the Legislature between December 15
and December 31 of each year identifying the amount of any remaining
unobligated appropriation from the prior appropriations earmarked for medicaid
nursing facility payments. The report shall include an identification of
encumbrances and retroactive payments.
(5) No later than December 31, 2026, the department shall submit an
application to the federal Centers for Medicare and Medicaid Services to
establish a money follows the person program to assist qualified individuals to
transition from an institutional setting to a community setting while
continuing to receive long-term care.
Sec. 10. Section 68-1006, Reissue Revised Statutes of Nebraska, is amended
to read:
68-1006 The amount of assistance to the aged, blind , or disabled shall be
based on the need of the individual and the circumstances existing in each
case. When permitted by the federal old age and survivors insurance act, any
accumulations of increased benefits under such act may be disregarded when
determining need. Payments shall be made by state warrant directly to each
recipient.
Sec. 11. Section 68-1007, Reissue Revised Statutes of Nebraska, is amended
to read:
68-1007 In determining need for assistance to the aged, blind, or
disabled, the Department of Health and Human Services shall take into
LB867
2026
LB867
2026
-5-
consideration all other income and resources of the individual claiming such
assistance, as well as any expenses reasonably attributable to the earning of
any such income, except as otherwise provided in this section. In making such
determination with respect to any individual who is blind, there shall be
disregarded the first eighty-five dollars per month of earned income plus one-
half of earned income in excess of eighty-five dollars per month and, for a
period not in excess of twelve months, such additional amounts of other income
and resources, in the case of an individual who has an approved plan for
achieving self-support, as may be necessary for the fulfillment of such plan.
In making such determination with respect to an individual who has attained age
sixty-five, or who is permanently and totally disabled, and is claiming aid to
the aged, blind, or disabled, the department shall disregard earned income at
least to the extent such income was disregarded on January 1, 1972, as provided
in 42 U.S.C. 1396a(f).
Sec. 12. Section 68-1530, Revised Statutes Supplement, 2025, is amended to
read:
68-1530 (1) The Department of Health and Human Services shall apply for a
three-year medicaid waiver under section 1915(c) of the federal Social Security
Act to administer a family support program which is a home and community-based
services program as provided in this section.
(2)(a) The Advisory Committee on Developmental Disabilities created in
section 83-1212.01 shall assist in the development and guide the implementation
of the family support program. The family support program shall be administered
by the Division of Disability and Aging Developmental Disabilities of the
Department of Health and Human Services.
(b) It is the intent of the Legislature that any funds distributed to
Nebraska pursuant to section 9817 of the federal American Rescue Plan Act of
2021, Public Law 117-2, be used to eliminate unmet needs relating to home and
community-based services for persons with developmental disabilities as much as
is possible.
(c) If funds are distributed to Nebraska pursuant to section 9817 of the
federal American Rescue Plan Act of 2021, it is the intent of the Legislature
that such funds distributed to Nebraska should at least partially fund the
family support program if doing so is in accordance with federal law, rules,
regulations, or guidance.
(3) The family support program shall:
(a) Offer an annual capped budget for long-term services and supports of
ten thousand dollars for each eligible applicant;
(b) Offer a pathway for medicaid eligibility for disabled children by
disregarding parental income and establishing eligibility based on a child's
income and assets;
(c) Allow a family to self-direct services, including contracting for
services and supports approved by the division; and
(d) Not exceed eight hundred fifty participants.
(4) The department, in consultation with the advisory committee, shall
adopt and promulgate rules and regulations for the implementation of the family
support program to be set at an intermediate care facility institutional level
of care to support children with intellectual and developmental disabilities
and their families. Such rules and regulations shall include, but not be
limited to:
(a) Criteria for and types of long-term services and supports to be
provided by the family support program;
(b) The method, as provided in section 68-1532, for allocating resources
to family units participating in the family support program;
(c) Eligibility determination, including, but not limited to, a child's
maximum income and assets;
(d) The enrollment process;
(e) Limits on benefits; and
(f) Processes to establish quality assurance, including, but not limited
to, measures of family satisfaction.
(5) The division shall administer the family support program within the
limits of the appropriations by the Legislature for such program.
(6) Until December 31, 2027, the division shall submit an annual report
electronically to the Legislature on the family support program. The report
shall include:
(a) The distribution of available funds, the total number of children and
families served, and the status of the waiting list for the comprehensive
waiver and other applicable waivers;
(b) A summary of any grievances filed by family units pertaining to the
family support program, including any appeals and a description of how such
grievances were resolved;
(c) The number and demographics of children with disabilities and their
families who applied under the family support program but who were not found
eligible and the reason such children and their families were not found
eligible;
(d) Quality assurance activities and the results of annual measures of
family satisfaction; and
(e) Recommendations to innovate the family support program, improve
current programming, and maximize limited funding, including, but not limited
to, the potential utilization of other medicaid pathways or medicaid waivers
that could help increase access to medicaid and long-term services and supports
for children with disabilities or special health care needs.
Sec. 13. Section 71-561, Revised Statutes Cumulative Supplement, 2024, is
LB867
2026
LB867
2026
-6-
amended to read:
71-561 Sections 71-561 to 71-567 and section 19 of this act shall be known
and may be cited as the Aging, Alzheimer's, and Disease and Other Dementia
Support Act.
Sec. 14. Section 71-563, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
71-563 For purposes of the Aging, Alzheimer's, and Disease and Other
Dementia Support Act:
(1) Council means the Aging, Alzheimer's, and Dementia Alzheimer's Disease
and Other Dementia Advisory Council; and
(2) Department means the Department of Health and Human Services.
Sec. 15. Section 71-564, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
71-564 (1) The Aging, Alzheimer's, and Dementia Alzheimer's Disease and
Other Dementia Advisory Council is created and shall include:
(a) Fourteen Twelve voting members appointed by the Governor. The voting
members shall consist of: (i) An individual living with Alzheimer's disease or
another dementia or a family member or care partner with experience caring for
of such an individual; (ii) an individual who is a state representative of a
nationwide organization that advocates for individuals living with Alzheimer's
disease or other dementia; (iii) an individual who is a state representative of
a nationwide organization that advocates for aging adults; (iv) a medical
professional with experience diagnosing or treating Alzheimer's disease or
other dementia; (v) a medical or licensed professional with experience working
with aging populations; (vi) an individual who conducts research relating to
Alzheimer's disease and other dementia issues; (vii) an individual who
represents long-term care; (viii) an individual who represents nursing
facilities; (ix) an individual who represents nonmedical home and community-
based services, including home care, respite, or adult day care services; (x)
an individual who represents assisted-living facilities; (xi) one
representative from each congressional district representing a planning-and-
service area as designated in the Nebraska Community Aging Services Act; and
(xii) an individual with experience with vulnerable aging populations the
family caregiver of an individual living with Alzheimer's disease or another
dementia; (iii) an individual who represents nursing homes; (iv) an individual
who represents assisted-living facilities; (v) an individual who represents
providers of adult day care services; (vi) an individual who represents home
care providers; (vii) a medical professional who has experience diagnosing and
treating Alzheimer's disease; (viii) an individual who conducts research
regarding Alzheimer's disease or other dementia; (ix) an individual who
represents a leading, nationwide organization that advocates on behalf of
individuals living with Alzheimer's disease or other dementia; (x) an
individual who represents an area agency on aging; (xi) an individual
representing an organization that advocates for older adults; and (xii) an
individual with experience or expertise in the area of the specific needs of
individuals with intellectual and developmental disabilities and Alzheimer's
disease or other dementia; and
(b) Five nonvoting members. The nonvoting members shall consist of: (i)
The Director of Public Health or the director's designee; (ii) the Director of
Disability and Aging Medicaid and Long-Term Care or the director's designee;
(iii) the administrator a representative of the State Unit on Aging or the
administrator's designee of the Division of Medicaid and Long-Term Care
designated by the Director of Medicaid and Long-Term Care; (iv) a
representative of the Nebraska Workforce Development Board designated by the
board; and (v) the state long-term care ombudsman or the ombudsman's designee.
(2) The terms of the initial members shall begin on the date of the first
meeting as called by the Director of Public Health and (a) one-third shall
serve for two-year terms, (b) one-third shall serve for three-year terms, and
(c) one-third shall serve for four-year terms, including the chairperson and
vice-chairperson. Thereafter all members shall serve four-year terms. Members
may not serve more than two consecutive four-year terms. Vacancies shall be
appointed by the Governor in the same manner as described in subdivision (1)(a)
of this section.
(3) Members of the council shall select the chairperson and vice-
chairperson who shall not be employees of the state and may serve in such role
for up to four consecutive years. The Director of Public Health or the
director's designee shall call and preside over the first meeting until a
chairperson is selected. Thereafter, the council shall meet at least quarterly
at the call of the chairperson. A majority of the voting members shall
constitute a quorum for the conduct of meetings.
(4) The council shall hold meetings at least once every calendar quarter.
(5) Members shall serve on the council without compensation but shall be
compensated for expenses incurred for such service as provided in sections
81-1174 to 81-1177.
(6) The department shall provide staff and support to the council as
necessary to assist the council in the performance of its duties.
Sec. 16. Section 71-565, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
71-565 (1) The purpose of the council shall be to examine (a) the needs of
aging individuals and individuals living with Alzheimer's disease or other
dementia, (b) the services available in the state for those individuals and
their family caregivers, and (c) the ability of health care providers and
facilities to meet the current and future needs of such individuals.
LB867
2026
LB867
2026
-7-
(2) The council shall collaborate with the department and other state
departments as needed to gather input on issues and strategies that pertain to
aging, Alzheimer's disease , and other dementia and identify proactive
approaches on public health, workforce, caregiver support, and care delivery.
The council shall monitor analysis, policy development, and program
implementation related to aging, Alzheimer's disease, and other dementia.
Sec. 17. Section 71-566, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
71-566 The council shall consider and make findings and recommendations on
the following topics:
(1) Trends in the state's aging and Alzheimer's disease and other dementia
populations and service needs, including:
(a) The state's role in providing or facilitating long-term care, family
caregiver support, home and community-based services to the aging, and
assistance to those with early-stage or early-onset Alzheimer's disease or
other dementia;
(b) The state's policies regarding services provided to aging individuals
and individuals with Alzheimer's disease or other dementia;
(c) The fiscal impact of Alzheimer's disease and other dementia on
publicly funded health care programs; and
(d) The establishment of a surveillance system to better determine the
number of individuals diagnosed with Alzheimer's disease or other dementia and
to monitor changes to such numbers;
(2) Existing resources, services, and capacity relating to the diagnosis
and care of individuals living with Alzheimer's disease or other dementia,
including:
(a) The type, cost, and availability of dementia care services;
(b) The availability of health care workers who can serve people with
dementia, including, but not limited to, neurologists, geriatricians, and
direct care workers;
(c) Dementia-specific training requirements for public and private
employees who interact with people living with Alzheimer's disease or other
dementia which shall include, but not be limited to, long-term care workers,
case managers, adult protective services, law enforcement, and first
responders;
(d) Home and community-based services, including respite care for
individuals sixty years of age and older or for individuals exhibiting symptoms
of Alzheimer's disease or other dementia and their families;
(e) Quality care measures for home and community-based services and
residential care facilities; and
(f) State-supported Alzheimer's disease and other dementia research
conducted at universities located in this state; and
(3) Policies and strategies that address the following:
(a) Increasing public awareness of Alzheimer's disease and other dementia;
(b) Educating providers to increase early detection and diagnosis of
Alzheimer's disease and other dementia;
(c) Improving the health care received by individuals diagnosed with
Alzheimer's disease or other dementia;
(d) Evaluating the capacity of the health care system in meeting the
growing number and needs of those with Alzheimer's disease and other dementia;
(e) Increasing the number of health care professionals necessary to treat
the growing aging and Alzheimer's disease and other dementia populations;
(f) Improving services provided in the home and community to delay and
decrease the need for institutionalized care for individuals sixty years of age
or older or individuals diagnosed with Alzheimer's disease or other dementia;
(g) Improving long-term care, including assisted living, for those with
Alzheimer's disease or other dementia;
(h) Assisting unpaid Alzheimer's disease or dementia caregivers;
(i) Increasing and improving research on Alzheimer's disease and other
dementia;
(j) Promoting activities to maintain and improve brain health;
(k) Improving the collection of data and information related to
Alzheimer's disease and other dementia and the resulting public health burdens;
(l) Improving public safety and addressing the safety-related needs of
those with Alzheimer's disease or other dementia;
(m) Addressing legal protections for, and legal issues faced by,
individuals with Alzheimer's disease or other dementia; and
(n) Improving the ways in which the government evaluates and adopts
policies to assist individuals diagnosed with Alzheimer's disease or other
dementia and their families; .
(4) The collection of facts and statistics and special studies of the
conditions and problems pertaining to the employment, health, financial status,
recreation, social adjustment, or other conditions and problems relating to the
general welfare of aging individuals of the state;
(5) State and local agencies serving aging individuals for purposes of
coordinating such agencies' activities, and reports from the various state
agencies and institutions relating to matters within the jurisdiction of the
council;
(6) The latest developments of research, studies, and programs being
conducted throughout the nation relating to the problems and needs of aging
individuals;
(7) The mutual exchange of ideas and information relating to aging
individuals among federal, state, and local governmental agencies, private
LB867
2026
LB867
2026
-8-
organizations, and individuals; and
(8) Cooperation with federal, state, and local agencies or private
organizations in administering and supervising demonstration programs of
services for aging individuals designed to foster continued participation of
such individuals in family and community life and to prevent, insofar as
possible, the onset of dependency and the need for long-term institutional
care.
Sec. 18. Section 71-567, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
71-567 (1)(a) No later than December 31, 2024, the council shall compile
the findings and recommendations under the Alzheimer's Disease and Other
Dementia Support Act and submit them as a State Alzheimer's Plan to the
Legislature and the Governor.
(b) No later than December 31, 2028, and every Every four years
thereafter, the council shall issue an updated State Alzheimer's Plan
addressing the items in sections 71-565 and 71-566 and any other issues the
council deems necessary and relevant toward addressing Alzheimer's disease and
dementia in Nebraska.
(2) By October 1 of each year after the creation of the State Alzheimer's
Plan, the council shall electronically submit to the Legislature and the
Governor an annual report on the status of implementation of the State
Alzheimer's Plan recommendations and any barriers to implementation.
Sec. 19. The Aging, Alzheimer's, and Dementia Advisory Council Fund is
created. The fund shall consist of federal funds and grants or gifts for the
purposes authorized by the Aging, Alzheimer's, and Dementia Support Act.
Expenditures from the fund shall be subject to any conditions agreed upon for
receiving such funds, grants, or gifts. Such funds, grants, or gifts shall be
remitted to the State Treasurer for credit to the fund. Any money in the fund
available for investment shall be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act.
Sec. 20. Section 71-814, Revised Statutes Supplement, 2025, is amended to
read:
71-814 (1) The State Advisory Committee on Mental Health and Substance Use
Services is created. Members of the committee shall have a demonstrated
interest and commitment and specialized knowledge, experience, or expertise
relating to the provision of mental health services in the State of Nebraska.
The committee shall consist of twenty-three members appointed by the Governor
as follows: (a) One regional governing board member, (b) one regional
administrator, (c) twelve consumers of behavioral health services or their
family members, (d) two providers of behavioral health services, (e) two
representatives from the State Department of Education, including one
representative from the Division of Vocational Rehabilitation of the State
Department of Education, (f) three representatives from the Department of
Health and Human Services representing mental health, social services, and
medicaid, (g) one representative from the Nebraska Commission on Law
Enforcement and Criminal Justice, and (h) one representative from the Housing
Office of the Community and Rural Development Division of the Department of
Economic Development.
(2) The committee shall be responsible to the division and shall (a) serve
as the state's mental health planning council as required by Public Law
102-321, (b) conduct regular meetings, (c) provide advice and assistance to the
division relating to the provision of mental health services and, beginning
July 1, 2026, substance use disorder services in the State of Nebraska,
including, but not limited to, the development, implementation, provision, and
funding of organized peer support services, (d) promote the interests of
consumers and their families, including, but not limited to, their inclusion
and involvement in all aspects of services design, planning, implementation,
provision, education, evaluation, and research, (e) provide reports as
requested by the division, and (f) engage in such other activities as directed
or authorized by the division.
(3) Beginning July 1, 2026, the State Advisory Committee on Mental Health
and Substance Use Services shall also perform the duties of the State Advisory
Committee on Substance Abuse Services.
Sec. 21. Section 71-1908, Revised Statutes Supplement, 2025, is amended to
read:
71-1908 (1) Sections 71-1908 to 71-1923.03 and section 22 of this act
shall be known and may be cited as the Child Care Licensing Act.
(2) The Legislature finds that there is a present and growing need for
quality child care programs and facilities. There is a need to establish and
maintain licensure of persons providing such programs to ensure that such
persons are competent and are using safe and adequate facilities. The
Legislature further finds and declares that the development and supervision of
programs are a matter of statewide concern and should be dealt with uniformly
on the state and local levels. There is a need for cooperation among the
various state and local agencies which impose standards on licensees, and there
should be one agency which coordinates the enforcement of such standards and
informs the Legislature about cooperation among the various agencies.
Sec. 22. (1) The department shall establish a youth afterschool
eligibility letter for individuals who are sixteen or seventeen years of age
and who are seeking employment in school-age child care programs or temporary
nonresidential child care programs. For purposes of this section, temporary
nonresidential child care program means a program in which child care is
LB867
2026
LB867
2026
-9-
provided (a) for no more than twelve consecutive hours, (b) not on a continuous
or regularly scheduled basis, and (c) in a location not ordinarily used as a
licensed child care center.
(2)(a) To obtain a youth afterschool eligibility letter, an applicant
shall:
(i) Complete all registry checks required for licensed child care staff,
including the child abuse and neglect and sex offender registries, and any
additional registry checks required by the department;
(ii) Submit all background check documentation required by the department;
and
(iii) Complete a minimum seven-hour new staff orientation for school-age
programs approved by the department.
(b) If an applicant is seeking employment in a school-age child care
program or a temporary nonresidential child care program, the applicant shall
reimburse the state for the cost of the application.
(3) An applicant who has submitted all required background check materials
may engage in provisional employment while such checks are pending if: (a) The
applicant is not left alone in a room with children; (b) the applicant is not
included in staff-to-child ratio requirements; and (c) the applicant's
provisional employment is limited to school-age child care programs and
temporary nonresidential child care programs.
(4)(a) Upon completion of the requirements in subsection (2) of this
section, the department shall issue a youth afterschool eligibility letter. The
eligibility letter may be used to obtain initial employment in a school-age
child care program or a temporary nonresidential child care program for one
hundred eighty days after the date of issuance of such letter.
(b) If the eligibility letter holder begins employment in a school-age
child care program or a temporary nonresidential child care program within one
hundred eighty days after the date of issuance, the eligibility letter shall
remain valid for purposes of such employment for one year after the date of
issuance if the eligibility letter holder maintains continuous employment with
such program.
(c) A youth afterschool eligibility letter that is not used within one
hundred eighty days after the date of issuance shall expire and shall not be
used to obtain future employment.
(d) A youth afterschool eligibility letter may be renewed through an
expedited process established by the department.
(5) A licensed child care program or youth-serving program approved by the
department may accept a valid youth afterschool eligibility letter as
verification that the eligibility letter holder has met the initial background
check and training requirements under this section.
(6) The department may adopt and promulgate rules and regulations to carry
out this section, including, but not limited to, application procedures,
background check verification, renewal procedures, fees, approval of training
providers, and privacy and data-sharing protections.
(7) This section does not apply if it would result in a loss of federal
funding for a child care or an early childhood education program or any
successor program, including funds received under the federal Child Care and
Development Block Grant Act of 1990, or would otherwise violate federal
requirements for such funds.
Sec. 23. Section 71-2226, Reissue Revised Statutes of Nebraska, is amended
to read:
71-2226 The Department of Health and Human Services is authorized to have
a state CSF program to protect the health and welfare of the citizens of
Nebraska by providing nutritious foods donated for such program by the United
States Department of Agriculture, nutrition education, and such other benefits
as are available to women, infants, children, and elderly persons in Nebraska
who are low income and vulnerable to malnutrition as long as federal funds are
available from the CSF program and are granted to the department.
To the extent consistent with state law, the Department of Health and
Human Services may establish, operate, and maintain the program in a way that
will qualify it to receive federal funds and that is uniform with United States
Department of Agriculture's standards, enter into agreements with the federal
government to establish a CSF program, adopt and promulgate rules and
regulations to implement a CSF program which are consistent with federal
regulations and such other rules and regulations as may be necessary to
implement the CSF program, and enter into such other agreements as may be
necessary to implement the program within this state.
Sec. 24. Section 71-7450, Reissue Revised Statutes of Nebraska, is amended
to read:
71-7450 (1) Licensure activities under the Wholesale Drug Distributor
Licensing Act shall be funded by license fees. An applicant for an initial or
renewal license under the act shall pay a license fee as provided in this
section.
(2) License fees shall include (a) a base fee of fifty dollars and (b) an
additional fee of not more than five hundred dollars based on variable costs to
the department of inspections and of receiving and investigating complaints,
other similar direct and indirect costs, and other relevant factors as
determined by the department.
(3) If the licensure application is denied, the license fee shall be
returned to the applicant, except that the department may retain up to twenty-
five dollars as an administrative fee and may retain the entire license fee if
an inspection has been completed prior to such denial.
LB867
2026
LB867
2026
-10-
(4) The department shall also collect a fee for reinstatement of a license
that has lapsed or has been suspended or revoked. The department shall collect
a fee of ten dollars for a duplicate original license.
(5) The department shall remit all license fees collected under this
section to the State Treasurer for credit to the Health and Human Services Cash
Fund. License fees collected under this section shall only be used for
activities related to the licensure of wholesale drug distributors or for the
payment of expenses related to the prescription drug monitoring system created
under section 71-2454 , except for the transfer of funds provided for under
subsection (6) of this section.
(6) The State Treasurer shall transfer three million seven hundred
thousand dollars from the Health and Human Services Cash Fund to the General
Fund on or before June 30, 2018, on such dates and in such amounts as directed
by the budget administrator of the budget division of the Department of
Administrative Services. It is the intent of the Legislature that the transfer
to the General Fund in this subsection be from funds credited to the Wholesale
Drug Distributor Licensing subfund of the Health and Human Services Cash Fund.
Sec. 25. Section 81-6,122, Reissue Revised Statutes of Nebraska, is
amended to read:
81-6,122 (1) The Department of Health and Human Services shall, in
collaboration with the Department of Correctional Services, the Department of
Economic Development, the Department of Labor, the Department of
Transportation, the Department of Veterans' Affairs, the State Department of
Education, the University of Nebraska, and the Equal Opportunity Commission,
develop a comprehensive strategic plan for providing services to qualified
persons with disabilities in the most integrated community-based settings
pursuant to the Olmstead decision.
(2) The chief executive officer of the Department of Health and Human
Services shall convene a team to:
(a) Develop the strategic plan described in subsection (1) of this
section;
(b) Appoint and convene a stakeholder advisory committee to assist in the
review and development of the strategic plan, such committee members to include
a representative from the State Advisory Committee on Mental Health and
Substance Use Services, the Advisory Committee on Developmental Disabilities,
the Nebraska Statewide Independent Living Council, the Nebraska Planning
Council on Developmental Disabilities, the Division of Rehabilitation Services
in the State Department of Education, the Public Service Commission, the
Commission for the Deaf and Hard of Hearing, the Commission for the Blind and
Visually Impaired, a housing authority in a city of the first or second class
and a housing authority in a city of the primary or metropolitan class, the
Assistive Technology Partnership, the protection and advocacy system for
Nebraska, an assisted-living organization, the behavioral health regions,
mental health practitioners, developmental disability service providers, an
organization that advocates for persons with developmental disabilities, an
organization that advocates for persons with mental illness, an organization
that advocates for persons with brain injuries, and an area agency on aging,
and including two persons with disabilities representing self-advocacy
organizations, and, at the department’s discretion, other persons with
expertise in programs serving persons with disabilities;
(c) Arrange for consultation with an independent consultant to assist with
the continued analysis and revision of the strategic plan and determine whether
the benchmarks, deadlines, and timeframes are in substantial compliance with
the strategic plan;
(d) Provide continuing analysis of the strategic plan and a report on the
progress of the strategic plan and changes or revisions to the Legislature by
December 15, 2021, and every three years thereafter; and
(e) Provide the completed strategic plan to the Legislature and the
Governor by December 15, 2019.
(3) The reports and completed plan shall be submitted electronically to
the Legislature.
Sec. 26. Section 81-1316, Revised Statutes Supplement, 2025, is amended to
read:
81-1316 (1) All agencies and personnel of state government shall be
covered by sections 81-1301 to 81-1319 and shall be considered subject to the
State Personnel System, except the following:
(a) All personnel of the office of the Governor;
(b) All personnel of the office of the Lieutenant Governor;
(c) All personnel of the office of the Secretary of State;
(d) All personnel of the office of the State Treasurer;
(e) All personnel of the office of the Attorney General;
(f) All personnel of the office of the Auditor of Public Accounts;
(g) All personnel of the Legislature;
(h) All personnel of the court systems;
(i) All personnel of the Board of Educational Lands and Funds;
(j) All personnel of the Public Service Commission;
(k) All personnel of the Nebraska Brand Committee;
(l) All personnel of the Commission of Industrial Relations;
(m) All personnel of the State Department of Education;
(n) All personnel of the Nebraska state colleges and the Board of Trustees
of the Nebraska State Colleges;
(o) All personnel of the University of Nebraska;
(p) All personnel of the Coordinating Commission for Postsecondary
LB867
2026
LB867
2026
-11-
Education;
(q) All personnel of the Governor's Policy Research Office;
(r) All personnel of the Commission on Public Advocacy;
(s) All agency heads;
(t)(i) The Director of Behavioral Health of the Division of Behavioral
Health; (ii) the Director of Children and Family Services of the Division of
Children and Family Services; (iii) the Director of Disability and Aging
Developmental Disabilities of the Division of Disability and Aging
Developmental Disabilities; (iv) the Director of Medicaid and Long-Term Care of
the Division of Medicaid and Long-Term Care; and (v) the Director of Public
Health of the Division of Public Health;
(u) The chief medical officer established under section 81-3115, the
Administrator of the Office of Juvenile Services, and the chief executive
officers of the Beatrice State Developmental Center, Lincoln Regional Center,
Norfolk Regional Center, Hastings Regional Center, Central Nebraska Veterans'
Home, Norfolk Veterans' Home, Eastern Nebraska Veterans' Home, Western Nebraska
Veterans' Home, and each youth rehabilitation and treatment center;
(v) The chief executive officers of all facilities operated by the
Department of Correctional Services and the medical director for the department
appointed pursuant to section 83-4,156;
(w) All personnel employed as pharmacists, physicians, psychiatrists, or
psychologists by the Department of Correctional Services;
(x) All personnel employed as pharmacists, physicians, psychiatrists,
psychologists, service area administrators, or facility operating officers of
the Department of Health and Human Services or the Department of Veterans'
Affairs;
(y) Deputies and examiners of the Department of Banking and Finance and
the Department of Insurance as set forth in sections 8-105 and 44-119, except
for those deputies and examiners who remain in the State Personnel System;
(z) All personnel of the Tax Equalization and Review Commission;
(aa) The associate director of the Conservation Division of the Nebraska
State Historical Society and all personnel employed as a Conservator I or
Conservator II of the Conservation Division of the Nebraska State Historical
Society;
(bb) Assistant directors and deputies of the Nebraska Public Employees
Retirement Systems; and
(cc) The Chief Water Officer, assistant directors, and deputies of the
Department of Water, Energy, and Environment.
(2) At each agency head's discretion, up to the following number of
additional positions may be exempted from the State Personnel System, based on
the following agency size categories:
Number of Agency Number of Noncovered
Employees Positions
less than 25 0
25 to 100 1
101 to 250 2
251 to 500 3
501 to 1000 4
1001 to 2000 5
2001 to 3000 8
3001 to 4000 11
4001 to 5000 40
over 5000 50
The purpose of having such noncovered positions shall be to allow agency
heads the opportunity to recruit, hire, and supervise critical, confidential,
or policymaking personnel without restrictions from selection procedures,
compensation rules, career protections, and grievance privileges. Persons
holding the noncovered positions shall serve at the pleasure of the agency head
and shall be paid salaries set by the agency head. An agency with over five
thousand employees shall provide notice in writing to the Health and Human
Services Committee of the Legislature when forty noncovered positions have been
filled by the agency head pursuant to this subsection.
(3) No changes to this section or to the number of noncovered positions
within an agency shall affect the status of personnel employed on the date the
changes become operative without their prior written agreement. A state
employee's career protections or coverage by personnel rules and regulations
shall not be revoked by redesignation of the employee's position as a
noncovered position without the prior written agreement of such employee.
Sec. 27. Section 81-2205, Reissue Revised Statutes of Nebraska, is amended
to read:
LB867
2026
LB867
2026
-12-
81-2205 Council Committee shall mean the Aging, Alzheimer's, and Dementia
Advisory Council Division of Medicaid and Long-Term Care Advisory Committee on
Aging.
Sec. 28. Section 81-2212, Reissue Revised Statutes of Nebraska, is amended
to read:
81-2212 The council In addition to duties enumerated in section 68-1104,
the committee shall advise the department regarding:
(1) The state plan on aging as developed and prepared by the department;
(2) Policies adopted by the department;
(3) The needs of the state's older individuals;
(4) The development of the state plan and policies which affect the
state's older individuals;
(5) Such rules, regulations, and standards as may be adopted by the
department; and
(6) A community aging services budget for submission to the Legislature by
the department.
The council committee shall also act as a panel for the hearing and
resolution of any appeal requested by an area agency on aging should the
department disapprove the area plan and budget or amendments as submitted.
Sec. 29. Section 81-2226, Reissue Revised Statutes of Nebraska, is amended
to read:
81-2226 In the event of a documented malfeasance on the part of any area
agency on aging in the administration of its area plan, and the failure of the
governing unit of the area agency to take corrective action within a reasonable
time, the department shall, with the advice of the council committee, terminate
funding to the area agency governing unit by disapproving the area plan for
that area agency on aging.
Sec. 30. Section 81-2234, Reissue Revised Statutes of Nebraska, is amended
to read:
81-2234 (1) Care management clients may contribute to the costs of
receiving care management services, as provided under section 81-2230. A client
family income schedule, using the federal poverty guidelines, shall be used to
determine a care management client's voluntary contribution. Individuals who
have family income below three hundred percent of a poverty level determined by
the Department of Health and Human Services based on any federal poverty index
or similar guidelines may contribute shall pay from zero to ninety percent of
the cost fee for the services provided by a care management unit. The client
family income schedule fee scale shall be adopted and promulgated as rules and
regulations by the department and shall reflect the income range of
individuals.
(2) A care management unit may receive reimbursement from state and
federal government programs which allow for reimbursement for care management
or case management services.
(3) Individuals not covered by subsection (1) or (2) of this section shall
pay the full fee for services provided by a care management unit.
Sec. 31. Section 81-2235, Reissue Revised Statutes of Nebraska, is amended
to read:
81-2235 (1) Each care management unit may be reimbursed by the Department
of Health and Human Services for costs not paid for by the individual or
through other reimbursement specified in section 81-2234. Reimbursement by the
department shall be based on actual casework time units expended on all care
management services provided and shall include expenses for personnel,
administration and planning, client eligibility review, contractual services,
and necessary support services and other necessary actual and indirect costs.
Standardized rates of reimbursement shall be adopted and promulgated by the
department and shall be adjusted at least every three years.
(2) Appropriations for reimbursement by the department for services
provided under sections 81-2229 to 81-2235 and for the costs of the department
to administer the program shall be appropriated separately from funds
appropriated under the Nebraska Community Aging Services Act.
Sec. 32. Section 81-3113, Reissue Revised Statutes of Nebraska, is amended
to read:
81-3113 The Department of Health and Human Services is created. The
department shall have five divisions to be known as (1) the Division of
Behavioral Health, (2) the Division of Children and Family Services, (3) the
Division of Disability and Aging Developmental Disabilities, (4) the Division
of Medicaid and Long-Term Care, and (5) the Division of Public Health.
Sec. 33. Section 81-3116, Reissue Revised Statutes of Nebraska, is amended
to read:
81-3116 The responsibilities of the divisions created in section 81-3113
include, but are not limited to, the following:
(1) The Division of Behavioral Health shall administer (a) the state
hospitals for the mentally ill designated in section 83-305 and (b) publicly
funded community-based behavioral health services;
(2) The Division of Children and Family Services shall administer (a)
protection and safety programs and services, including child welfare programs
and services and the Office of Juvenile Services, (b) economic and family
support programs and services, and (c) service areas as may be designated by
the chief executive officer or by the Director of Children and Family Services
under authority of the chief executive officer , except that on and after
September 1, 2012, the western, central, and northern service areas shall be
aligned to be coterminous with the district court judicial districts described
in section 24-301.02;
LB867
2026
LB867
2026
-13-
(3) The Division of Disability and Aging Developmental Disabilities shall
administer (a) the Beatrice State Developmental Center, (b) aging services, and
(c) (b) publicly funded community-based developmental disabilities services;
(4) The Division of Medicaid and Long-Term Care shall administer (a) the
medical assistance program also known as medicaid , (b) aging services, and (b)
(c) other related programs and services; and
(5) The Division of Public Health shall administer (a) preventive and
community health programs and services, (b) the regulation and licensure of
health-related professions and occupations, and (c) the regulation and
licensure of health care facilities and health care services.
Sec. 34. Section 83-1201, Reissue Revised Statutes of Nebraska, is amended
to read:
83-1201 Sections 83-1201 to 83-1226 83-1228 shall be known and may be
cited as the Developmental Disabilities Services Act.
Sec. 35. Section 83-1204, Reissue Revised Statutes of Nebraska, is amended
to read:
83-1204 Department shall mean the Division of Disability and Aging
Developmental Disabilities of the Department of Health and Human Services.
Sec. 36. Section 83-1206, Reissue Revised Statutes of Nebraska, is amended
to read:
83-1206 Director shall mean the Director of Disability and Aging
Developmental Disabilities of the Division of Disability and Aging
Developmental Disabilities.
Sec. 37. The State Department of Education may authorize any accredited
or approved public, private, denominational, or parochial school to maintain
epinephrine in any form approved by the federal Food and Drug Administration
for the purpose of emergency first aid to students who experience allergic
reactions.
Sec. 38. Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37,
39, and 41 of this act become operative three calendar months after the
adjournment of this legislative session. The other sections of this act become
operative on their effective date.
Sec. 39. Original sections 43-2624, 68-927, 68-928, 68-1006, 68-1007,
71-2226, 71-7450, 81-6,122, 81-2205, 81-2212, 81-2226, 81-2234, 81-2235,
81-3113, 81-3116, 83-1201, 83-1204, and 83-1206, Reissue Revised Statutes of
Nebraska, sections 30-38,113, 43-4413, 43-4504, 71-561, 71-563, 71-564, 71-565,
71-566, and 71-567, Revised Statutes Cumulative Supplement, 2024, and sections
38-131, 43-3342.04, 68-1530, 71-814, 71-1908, and 81-1316, Revised Statutes
Supplement, 2025, are repealed.
Sec. 40. Original section 68-949, Revised Statutes Supplement, 2024, is
repealed.
Sec. 41. The following sections are outright repealed: Sections 68-1008,
68-1101, 68-1103, 68-1104, 68-1106, 71-1795, 71-1795.02, 71-2201, 71-2202,
71-2203, 71-2204, 71-2205, 71-2207, 71-2208, 81-3133.02, 81-3134, 83-1216.02,
83-1227, and 83-1228, Reissue Revised Statutes of Nebraska, and section
68-1105, Revised Statutes Cumulative Supplement, 2024.
Sec. 42. Since an emergency exists, this act takes effect when passed and
approved according to law.
LB867
2026
LB867
2026
-14-