Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 911
Introduced by Hardin, 48.
Read first time January 09, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to public health and welfare; to amend1
sections 38-4401 and 68-901, Revised Statutes Cumulative Supplement,2
2024, and section 71-1908, Revised Statutes Supplement, 2025; to3
provide requirements for licensed applied behavior analysts; to4
provide child care licensing requirements for certain facilities,5
practices, and service locations; to provide powers and duties for6
the Department of Health and Human Services and the Board of7
Behavior Analysts; and to repeal the original sections.8
Be it enacted by the people of the State of Nebraska,9
LB911
2026
LB911
2026
-1-
Section 1. Section 38-4401, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
38-4401 Sections 38-4401 to 38-4414 sections 2 to 4 of this act3
shall be known and may be cited as the Behavior Analyst Practice Act.4
Sec. 2. A licensed behavior analyst that supervises direct services5
shall maintain a physical presence in the state through: (1) A primary6
place of practice or residence; or (2) direct client contact or7
supervision conducted within the state for a minimum of five percent of8
the total direct service hours delivered per client per calendar month,9
including no fewer than two in-person supervisory observations of10
behavior technicians or equivalent staff during such period.11
Sec. 3. (1) Remote-only clinical supervision is prohibited for any12
applied behavior analysis treatment program providing more than fifteen13
hours of direct services per client per week. 14
(2) Supervising clinicians shall: 15
(a) Hold an active license under the Behavior Analyst Practice Act;16
(b) Conduct supervision in compliance with guidelines published by17
the Behavior Analyst Certification Board, including a minimum of ten18
percent observation of service hours; and 19
(c) Document at least one in-person observation of treatment20
implementation and client progress per client per month.21
Sec. 4. The board shall have authority to investigate complaints,22
audit supervision records, and take disciplinary action against licensees23
that violate the Behavior Analyst Practice Act. 24
Sec. 5. Section 68-901, Revised Statutes Cumulative Supplement,25
2024, is amended to read: 26
68-901 Sections 68-901 to 68-9,111 and section 6 of this act shall27
be known and may be cited as the Medical Assistance Act.28
Sec. 6. The department shall establish clinical review protocols29
for applied behavior analysis services under the Behavior Analyst30
Practice Act that exceed (1) twenty hours per week of direct service per31
LB911
2026
LB911
2026
-2-
client or (2) twelve consecutive months of ongoing authorization without1
documented functional progress to ensure continuing medical necessity and2
prevent program overutilization. 3
Sec. 7. Section 71-1908, Revised Statutes Supplement, 2025, is4
amended to read: 5
71-1908 (1) Sections 71-1908 to 71-1923.03 and section 8 of this act6
shall be known and may be cited as the Child Care Licensing Act.7
(2) The Legislature finds that there is a present and growing need8
for quality child care programs and facilities. There is a need to9
establish and maintain licensure of persons providing such programs to10
ensure that such persons are competent and are using safe and adequate11
facilities. The Legislature further finds and declares that the12
development and supervision of programs are a matter of statewide concern13
and should be dealt with uniformly on the state and local levels. There14
is a need for cooperation among the various state and local agencies15
which impose standards on licensees, and there should be one agency which16
coordinates the enforcement of such standards and informs the Legislature17
about cooperation among the various agencies. 18
Sec. 8. (1) No facility, practice, or service location shall be19
required to obtain licensure as a child care program under the Child Care20
Licensing Act solely on the basis that: 21
(a) It provides medically necessary applied behavior analysis;22
(b) It serves clients younger than twenty years of age during23
billable therapeutic sessions; and 24
(c) It does not provide custodial care or recreational supervision25
outside the scope of a client's prescribed treatment plan.26
(2) A facility, practice, or service location providing applied27
behavior analysis shall be subject to the requirements of the Child Care28
Licensing Act if it (a) offers or permits naps, meals, or nonclinical29
recreational programming not associated with a treatment plan or (b)30
retains one or more children onsite for more than ten cumulative hours31
LB911
2026
LB911
2026
-3-
per week of nonbillable, nontherapeutic time per child.1
(3) For purposes of this section, nontherapeutic time means any time2
that is not (a) billable as medically necessary applied behavior analysis3
under medicaid or private insurance or (b) used for required caregiver4
training or active case supervision documented by a licensed behavior5
analyst. 6
(4) The department shall adopt and promulgate rules and regulations7
to specify when a dual licensing arrangement, waiver, or exemption is8
necessary for applied behavior analysis programs that operate extended9
day, summer, or wraparound care components. 10
Sec. 9. Original sections 38-4401 and 68-901, Revised Statutes11
Cumulative Supplement, 2024, and section 71-1908, Revised Statutes12
Supplement, 2025, are repealed. 13
LB911
2026
LB911
2026
-4-