Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 400 - NEBRASKA VETERANS' HOME SYSTEM
Chapter 1 - RULES OF MEMBERSHIP
Section 400-1-014 - INVOLUNTARY DISCHARGE PROCEDURES
Current through September 17, 2024
014.01 Notice of Situation
The Administrator must notify the member and his/her legal representative, if any, within 30 days of discovery of a situation that may require discharge except in emergency situations. In non-emergency situations, the member and his/her legal representative have 60 days after receipt of the notice to correct the situation as required by the Department. No notice is required for discharge due to an emergency.
014.02 Notice of Discharge
The Administrator may pursue discharge. The discharge notice in a non-emergency situation must be in writing and state the grounds for discharge. A copy of such notice will be sent to the Secretary of the Board of Inquiry and Review. Such decisions may be appealed to the Board by filing a written appeal with the Secretary. Any appeal will be dismissed if not filed in writing with the Secretary within 30 days of the issuance of the notice of discharge. Appeal will not stay involuntary discharge during the pendency of the appeal if the discharge is an emergency discharge.
014.03 Reapplication
A member involuntarily discharged for cause may not reapply for six months after discharge. When a member is involuntarily discharged based on medical reasons, the discharged member or his/her legal representative may reapply for admission upon written certifications by two doctors that any medical basis for the discharge no longer exists.
