Current through March 20, 2024
The Department authorizes funding for services to individuals
determined to be eligible as set forth in 404 NAC.
001.01 The following apply to developmental
disabilities services, regardless of whether the services are funded by state
general funds or Medicaid waiver funds.
001.01(A)
FAMILY
MEMBERS. The Department will not pay a legally responsible adult
to provide developmental disabilities services. A legally responsible adult is
a person who has a legal obligation under the provision of state law to care
for another individual including a parent (natural or adoptive) of a minor
child, a spouse, or legal guardian.
001.01(B)
EDUCATIONAL
SERVICES. No service that is the responsibility of the school
system will be authorized as a developmental disabilities service. The
Department will not authorize developmental disabilities services for the hours
the child is attending school or in a vocational rehabilitation program.
Regular school hours and days apply for a child who receives home
schooling.
001.02
ELIGIBILITY CRITERIA FOR DEVELOPMENTAL DISABILITIES
SERVICES. To be eligible for funding under the Developmental
Disabilities Services Act, the individual must:
(1) Be a citizen of the United States of
America, or a qualified alien lawfully present in the United States and comply
with all requirements set forth in 4 of the Nebraska Revised Statutes
pertaining to alien eligibility for public benefits;
(2) Be a legal resident of the State of
Nebraska; and
(3) Have a
developmental disability as defined in the Nebraska Developmental Disabilities
Services Act and any applicable definitions contained in this Title.
001.02(A) All individuals eligible for
funding for specialized services under the Developmental Disabilities Services
Act must apply for and accept any federal Medicaid benefits for which they may
be eligible and benefits from other funding sources within the Department; the
Department of Education, specifically including the Division of Rehabilitation
Services; and other agencies to the maximum extent possible.
001.03
ELIGIBILITY DETERMINATION. A determination of
eligibility is made without regard to whether the Department has sufficient
funds to provide or obtain needed services for the individual.
001.04
STATEWIDE DATA
REGISTRY. All individuals who have been determined eligible for
developmental disabilities services are included in the statewide data
registry. The Department will use the statewide data registry to:
(1) Track the specialized service and support
needs of persons with developmental disabilities;
(2) Plan for future specialized support and
service needs of persons with developmental disabilities; and
(3) Budget for future specialized support and
service needs of persons with developmental disabilities. Information in the
registry is considered confidential and will not be released without proper
authorization as provided by law.
001.04(A)
Information for each eligible individual listed in the data registry system may
include:
(i) Demographics;
(ii) Individual diagnosis;
(iii) Eligibility factors;
(iv) Financial information;
(v) Family and legal representative
information; and
(vi) The
objectively assessed needs for specialized supports and services, specifying
amount and type.
001.05
DETERMINATION OF
ELIGIBILITY. The Department determines eligibility for
developmental disabilities services and notifies the individual in writing.
001.05(A)
REASONS FOR
INELIGIBILITY. An individual is ineligible if:
(i) The individual does not meet the criteria
set forth in this Title; or
(ii)
The individual or persons acting on his or her behalf have not supplied needed
information. Upon supplying this information, eligibility will be
determined.
001.05(B)
SERVICE COORDINATION. Upon request, service
coordination is provided to all eligible individuals when all statutory and
regulatory requirements are fulfilled. Acceptance of service coordination is
required to receive other developmental disabilities
services.
001.06
AUTHORIZATION OF FUNDS FOR DEVELOPMENTAL DISABILITIES
SERVICES. Funding for developmental disabilities services with
State General Funds other than service coordination is authorized for eligible
individuals contingent upon legislative appropriations and availability of
funds.
001.06(A) The amount of funding for
any person receiving services is determined using an objective assessment
process (OAP).
001.06(B)
Specialized services for an individual is authorized according to the
individual's objective assessment.
001.06(C) The Department will authorize
funding for services only when services and supports are not being provided
through other available sources.
