Current through September 17, 2024
To be eligible, the applicant or recipient must be living in
the state voluntarily with the intent of making Nebraska their home. Residence
starts the month the applicant moves into the state, even if the individual
received categorical assistance in another state.
004.01
INCAPABLE OF INDICATING
INTENT. An individual is considered in capable of indicating
intent is:
(A) The individual has an
Intelligence Quotient of 49 or less, or a mental age of seven or less, based on
tests acceptable to the State developmental disabilities agency;
(B) The individual is judged legally
incompetent;
(C) Medical
documentation obtained from a physician, psychologist, or other person licensed
by the State in the field of developmental disability, or other documentation
acceptable to the State supports a finding that the individual is incapable of
indicating intent.
004.02
RESIDENCE OF APPLICANTS
ENTERING THE STATE INTO A LICENSED HOME. The intent of an
individual to establish Nebraska as his or her residence is investigated if the
individual comes into the state and immediately enters a facility licensed by
the Nebraska Department of Health and Human Services Division of Public Health.
(A) The applicant is considered a Nebraska
resident if the individual entered because they:
(i) Desired to be near close friends or
relatives in the State;
(ii)
Previously resided in the State; or
(iii) Has other contacts in the
State.
(B) If the
applicant indicates a plan to establish residence, but the situation seems to
indicate otherwise, additional factors will be reviewed, such as:
(i) When the individual entered the
state;
(ii) Whether, or not, the
individual owns property of any kind in another state;
(iii) The place of residence of the spouse or
other immediate family members;
(iv) The medical eligibility in the previous
state of residence for the individual;
(v) How the individual was referred to the
facility in Nebraska, such as by a family member, hospital staff, or social
worker in the previous state;
(vi)
Where the individual would reside if the facility placement was no longer
needed; and
(vii) Any other related
factors.
004.03
PLACEMENT IN AN
OUT-OF-STATE INSTITUTION. If a state arranges for an individual to
be placed in an institution located in another state, the state making the
placement is the individual's state of residence, regardless of the
individual's indicated intent or ability to indicate intent.
004.04
INDIVIDUALS RECEIVING A
STATE SUPPLEMENTAL PAYMENT. For any individual who is receiving a
State Supplemental Payment, the state paying the State Supplemental Payment is
the state of residence.
004.05
INSTITUTIONALIZED INDIVIDUALS. The state where the
institution is located is the individual's state of residence unless it is
determined that the individual is a resident of another state, according to the
following:
(A) Institutionalized individuals
age 20 or younger, or age 21 or younger and who became incapable of indicating
intent before reaching age 21, the state of residences is:
(i) That of the individual's parents or legal
guardian at the time of placement;
(ii) That of the parents or legal guardian if
the individual is institutionalized in that state.
(B) Institutionalized individuals who became
incapable of indicating intent at or after reaching age 21, the state of
residence is the state in which the individual is physically present except
where another state makes a placement.
004.06
NON-INSTITUTIONALIZED
INDIVIDUALS. The following applies to individuals not residing in
an institution:
004.06(A)
AGE 20
AND YOUNGER. For an individual who is not institutionalized, who
is age 20 or younger, and whose eligibility is based on blindness or
disability, the individual's state of residence is the state where the
individual is living. Any other individual who is not institutionalized, age 20
or younger is a resident of the state in which the individual is living other
than on a temporary basis.
004.06(B)
INDIVIDUALS AGE 21 AND
OLDER. For individuals who are not institutionalized, but are
incapable of indicating their intent regarding their residency, state residence
is the state where the individual is living.
004.07
ABSENCE FROM THE
STATE. Assistance is not denied because an individual has not
resided in the state for a specific period of time.
004.07(A)
TEMPORARY
ABSENCE. An individual's eligibility may not be terminated because
of that person's temporary absence from the state if the person intends to
return. A temporary absence is typically 90 days or less.
004.07(B)
LOSS OF STATE
RESIDENCE. Eligibility ends if the family unit leaves Nebraska
with the intent of establishing its home in another state;
(i) A family unit may not receive an
Assistance to the Aged, Blind, or Disabled payment or State Disability Program
assistance from Nebraska beyond the month they have been found eligible for
categorical assistance from another state;
(ii) Individuals who leave the state for
longer than two months may continue to receive an Assistance to the Aged,
Blind, or Disabled payment or State Disability assistance in Nebraska if they
are absent for a temporary purpose and intend to return.
004.07(C)
OUT-OF-STATE
MEDICAL. If an out-of-state provider does not sign an agreement
with the State Disability Medical program or Medicaid, and accept the
reimbursement rate, the individual receiving State Disability Program medical
is liable for his or her own medical bills. Payments may be approved for
services provided outside Nebraska in the following situations:
(i) When an emergency arises from accident or
sudden illness while a recipient is visiting in another state and the
recipient's health would be endangered if care is postponed until the recipient
returned to Nebraska or by traveling to Nebraska;
(ii) When the recipient customarily obtains
service in another state because the service is more accessible;
(iii) When the recipient requires a medically
necessary service that is not available in Nebraska but is available in another
state; and
(iv) When long term care
services are provided in another state.
004.08
DISQUALIFICATION FOR
MISREPRESENTING RESIDENCE. Any person convicted in federal or
state court of having fraudulently misrepresented residence in order to obtain
Assistance to the Aged, Blind, or Disabled payment or State Disability Program
assistance in two or more states is ineligible for Assistance to the Aged,
Blind, or Disabled payment or State Disability Program assistance for ten years
from the date of conviction.
004.09
SOCIAL SECURITY NUMBER REQUIREMENT. All eligible
members of the Assistance to the Aged, Blind, or Disabled Payment or State
Disability unit must furnish Social Security numbers. The Social Security
Number, in conjunction with other information, provides evidence of identity of
the individual.
