The following provisions govern services funded by State
General Funds.
002.01
DENIAL OF STATE GENERAL FUNDS. The Department may at
any time deny or terminate funding for specialized services funded solely by
State General Funds for one or more of the following reasons:
(A) The individual does not meet eligibility
requirements;
(B) The Legislature
has not appropriated sufficient fiscal resources to fund all services for all
persons determined eligible for specialized services;
(C) The eligible individual's needs may be
met through the use of natural supports or other resources;
(D) Funding for requested specialized
services is available from other sources;
(E) The eligible individual has not met
prioritization criteria;
(F) The
eligible individual has not met criteria for funding available through
legislative mandates, or court decisions addressing specific population,
groups, or order of services offered;
(G) The eligible individual or legal
representative has failed to apply for and accept any federal Medicaid benefits
for which she or he may be eligible; for benefits from other funding sources
within the Department or the Nebraska Department of Education; and for benefits
from other agencies to the maximum extent possible;
(H) The eligible individual is not eligible
for Medicaid benefits or the eligible individual or legal representative has
failed to comply with requirements for initial or continued eligibility of any
federal Medicaid benefits for which she or he may be eligible;
(I) The eligible individual or legal
representative failed to comply with the requirements for initial or continued
benefits from other funding sources within the Department, the Nebraska
Department of Education, and other agencies to the maximum extent
possible;
(J) The eligible
individual or legal representative has not signed documentation required by the
Department;
(K) The eligible
individual or legal representative has failed to cooperate with, or refused the
services funded by the Department;
(L) The child under the age of 22 could
receive educational services during a normal, regular, or adjusted school
day;
(M) A plan of services and
supports to protect the individual's health and welfare cannot be developed or
maintained; or
(N) The eligible
individual, legal representative, or representative payee has not supplied
information requested by the Department including information regarding the
individual's ability to pay a portion of the costs of services if required by
applicable law.
002.02
FUNDING PRIORITIZATION. As State General Funds are
available, the Department will authorize funding of specialized services to
individuals on the basis of priority criteria as set forth in the Developmental
Disabilities Services Act. Services provided under the Developmental
Disabilities Services Act with State General Funds are:
(A) Habilitative Community
Inclusion;
(B) Habilitative
Workshop;
(C) Prevocational
Service;
(D) Service
Coordination;
(E) Supported
Employment-Enclave;
(F) Supported
Employment-Follow Along; and
(G)
Supported Employment-Individual.
002.03
ABILITY TO
PAY. Prior to entry into services and annually, the Department
will assess the ability of an individual to pay all or part of the cost of
services provided under this Title. This does not apply to persons receiving
Medicaid Waiver services.
