Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 400 - NEBRASKA VETERANS' HOME SYSTEM
Chapter 1 - RULES OF MEMBERSHIP
Section 400-1-013 - INVOLUNTARY DISCHARGE
Current through September 17, 2024
A member may be involuntarily discharged if a danger to self or any other person or for other cause including, but not limited to, commission of any of the following acts by a member or the member's spouse, adult relative, legal representative or other fiduciary:
1. Submission of an application for admission which is inaccurate or incomplete;
2. Failure to pay the member's maintenance charge within 60 days of the due date;
3. Transfer or assignment of an interest in real property for less than county assessed value or of any personal property worth more than $5,000 for less than fair market value;
4. Deprivation of any income or asset of an applicant or member or his/her spouse or dependent child(ren) which, absent such deprivation, would be considered in determining the maintenance charge or which adversely affects payment of the maintenance charge;
5. Transfer, either before or after admission, of income of a member or his/her spouse or dependent child(ren) or any asset into a trust and failure of the trustee to timely disburse amounts from the trust sufficient to assure that the member's maintenance charge does not become delinquent;
6. Consent to a divorce decree which deprives the member of any income or asset which would, absent such decree, have been considered in determining the member's maintenance charge;
7. Failure to timely report an asset increase or income increase;
8. Failure to timely report an inheritance, legacy, back pay award, federal benefit or other change in assets which are available or deemed available to the member or his/her spouse or dependent child(ren);
9. Failure to transfer or assign to the Department an inheritance, back pay award, federal benefit or other asset within 60 days of receipt upon request by the Department;
10. Failure to apply for all monetary benefits for which a member may qualify which would increase the member's assets and income and result in an increase in his/her monthly maintenance charge; or
11. Failure to furnish in a timely fashion written consent to release of either medical or financial information upon request of the Department.
