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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 944
Introduced by Dorn, 30.
Read first time January 09, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Medical Assistance Act; to amend1
section 68-911, Revised Statutes Supplement, 2025; to require direct2
reimbursement for hospice care services to a hospital or3
intermediate care facility; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 68-911, Revised Statutes Supplement, 2025, is1
amended to read: 2
68-911 (1) Medical assistance shall include coverage for health care3
and related services as required under Title XIX of the federal Social4
Security Act, including, but not limited to: 5
(a) Inpatient and outpatient hospital services;6
(b) Laboratory and X-ray services; 7
(c) Nursing facility services; 8
(d) Home health services; 9
(e) Nursing services; 10
(f) Clinic services; 11
(g) Physician services; 12
(h) Medical and surgical services of a dentist;13
(i) Nurse practitioner services; 14
(j) Nurse midwife services; 15
(k) Pregnancy-related services; 16
(l) Medical supplies; 17
(m) Mental health and substance abuse services;18
(n) Early and periodic screening and diagnosis and treatment19
services for children which shall include both physical and behavioral20
health screening, diagnosis, and treatment services;21
(o) Rural health clinic services; and 22
(p) Federally qualified health center services.23
(2) In addition to coverage otherwise required under this section,24
medical assistance may include coverage for health care and related25
services as permitted but not required under Title XIX of the federal26
Social Security Act, including, but not limited to:27
(a) Prescribed drugs; 28
(b) Intermediate care facilities for persons with developmental29
disabilities; 30
(c) Home and community-based services for aged persons and persons31
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with disabilities; 1
(d) Dental services; 2
(e) Rehabilitation services; 3
(f) Personal care services; 4
(g) Durable medical equipment; 5
(h) Medical transportation services; 6
(i) Vision-related services; 7
(j) Speech therapy services; 8
(k) Physical therapy services; 9
(l) Chiropractic services; 10
(m) Occupational therapy services; 11
(n) Optometric services; 12
(o) Podiatric services; 13
(p) Hospice services; 14
(q) Mental health and substance abuse services;15
(r) Hearing screening services for newborn and infant children; and16
(s) Administrative expenses related to administrative activities,17
including outreach services, provided by school districts and educational18
service units to students who are eligible or potentially eligible for19
medical assistance. 20
(3) No later than July 1, 2009, the department shall submit a state21
plan amendment or waiver to the federal Centers for Medicare and Medicaid22
Services to provide coverage under the medical assistance program for23
community-based secure residential and subacute behavioral health24
services for all eligible recipients, without regard to whether the25
recipient has been ordered by a mental health board under the Nebraska26
Mental Health Commitment Act to receive such services.27
(4) On or before October 1, 2014, the department, after consultation28
with the State Department of Education, shall submit a state plan29
amendment to the federal Centers for Medicare and Medicaid Services, as30
necessary, to provide that the following are direct reimbursable services31
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when provided by school districts as part of an individualized education1
program or an individualized family service plan: Early and periodic2
screening, diagnosis, and treatment services for children; medical3
transportation services; mental health services; nursing services;4
occupational therapy services; personal care services; physical therapy5
services; rehabilitation services; speech therapy and other services for6
individuals with speech, hearing, or language disorders; and vision-7
related services. 8
(5)(a) No later than January 1, 2023, the department shall provide9
coverage for continuous glucose monitors under the medical assistance10
program for all eligible recipients who have a prescription for such11
device. 12
(b) Effective August 1, 2024, eligible recipients shall include all13
individuals who meet local coverage determinations, as defined in section14
1869(f)(2)(B) of the federal Social Security Act, as amended, as such act15
existed on January 1, 2024, and shall include individuals with16
gestational diabetes. 17
(c) It is the intent of the Legislature that no more than six18
hundred thousand dollars be appropriated annually from the Medicaid19
Managed Care Excess Profit Fund, as described in section 68-996, for the20
purpose of implementing subdivision (5)(b) of this section. Any amount in21
excess of six hundred thousand dollars shall be funded by the Medicaid22
Managed Care Excess Profit Fund. 23
(6) On or before October 1, 2023, the department shall seek federal24
approval for federal matching funds from the federal Centers for Medicare25
and Medicaid Services through a state plan amendment or waiver to extend26
postpartum coverage for beneficiaries from sixty days to at least six27
months. Nothing in this subsection shall preclude the department from28
submitting a state plan amendment for twelve months.29
(7)(a) No later than October 1, 2025, the department shall submit a30
medicaid waiver or state plan amendment to the federal Centers for31
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Medicare and Medicaid Services to designate two medical respite1
facilities to reimburse for services provided to an individual who is:2
(i) Homeless; and 3
(ii) An adult in the expansion population. 4
(b) For purposes of this subsection: 5
(i) Adult in the expansion population means an adult (A) described6
in 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) as such section existed on January7
1, 2024, and (B) not otherwise eligible for medicaid as a mandatory8
categorically needy individual; 9
(ii) Homeless has the same meaning as provided in 42 U.S.C. 11302 as10
such section existed on January 1, 2024; 11
(iii) Medical respite care means short-term housing with supportive12
medical services; and 13
(iv) Medical respite facility means a residential facility that14
provides medical respite care to homeless individuals.15
(c) The department shall choose two medical respite facilities, one16
in a city of the metropolitan class and one in a city of the primary17
class, best able to serve homeless individuals who are adults in the18
expansion population. 19
(d) Once such waiver or state plan amendment is approved, the20
department shall submit a report to the Health and Human Services21
Committee of the Legislature on or before November 30 each year, which22
provides the (i) number of homeless individuals served at each facility,23
(ii) cost of the program, and (iii) amount of reduction in health care24
costs due to the program's implementation. 25
(e) The department may adopt and promulgate rules and regulations to26
carry out this subsection. 27
(f) The services described in subdivision (7)(a) of this section28
shall be funded by the Medicaid Managed Care Excess Profit Fund as29
described in section 68-996. 30
(8)(a) No later than January 1, 2025, the department shall provide31
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coverage for an electric personal-use breast pump for every pregnant1
woman covered under the medical assistance program, or child covered2
under the medical assistance program if the pregnant woman is not3
covered, beginning at thirty-six weeks gestation or the child's date of4
birth, whichever is earlier. The electric personal-use breast pump shall5
be capable of (i) sufficiently supporting milk supply, (ii) double and6
single side pumping, and (iii) suction power ranging from zero mmHg to7
two hundred fifty mmHg. No later than January 1, 2025, the department8
shall provide coverage for a minimum of ten lactation consultation visits9
for every mother covered under the medical assistance program or child10
covered under the medical assistance program, if the mother is not11
covered under such program. 12
(b) It is the intent of the Legislature that the appropriation for13
lactation consultation visits shall be equal to an amount that is a one14
hundred forty-five percent rate increase over the current lactation15
consultation rate paid by the department. 16
(9)(a) No later than January 1, 2024, the department shall provide17
coverage, and reimbursement to providers, for all necessary translation18
and interpretation services for eligible recipients utilizing a medical19
assistance program service. The department shall take all actions20
necessary to maximize federal funding to carry out this subsection.21
(b) The services described in subdivision (9)(a) of this section22
shall be funded by the Medicaid Managed Care Excess Profit Fund as23
described in section 68-996. 24
(10)(a) No later than October 1, 2025, the department shall seek25
approval for federal matching funds from the federal Centers for Medicare26
and Medicaid Services through a state plan amendment to implement27
targeted case management for evidence-based nurse home visiting services.28
These services shall consist of visits to a home by a nurse and be29
available to postpartum mothers and children six months of age or younger30
enrolled in medicaid. 31
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(b) It is the intent of the Legislature to use the Medicaid Managed1
Care Excess Profit Fund established in section 68-996, and not to use the2
General Fund, to fund the services described in subdivision (a) of this3
subsection. 4
(11) No later than January 1, 2026, the department shall provide5
coverage for psychology services provided by advanced level practitioners6
who have completed advanced training requirements for a doctoral7
internship in an accredited training program or a postdoctoral fellowship8
and who are under current supervision by a licensed psychologist.9
(12) No later than August 1, 2026, the department shall provide full10
reimbursement for hospice care services provided to an individual who is11
a resident of a nursing facility or intermediate care facility and who12
would be eligible under the medical assistance program for nursing13
facility or intermediate care facility services as if the individual was14
not receiving hospice services. Such reimbursement shall (a) be made15
directly to the hospital or intermediate care facility and not to the16
hospice care provider and (b) not reflect any discount.17
Sec. 2. Original section 68-911, Revised Statutes Supplement, 2025,18
is repealed. 19
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