Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM
Chapter 2 - ELIGIBILITY REQUIREMENTS
Section 469-2-008 - INSTITUTIONALIZATION

Universal Citation: 469 NE Admin Rules and Regs ch 2 ยง 008

Current through September 17, 2024

An individual may qualify for Assistance to the Aged, Blind, or Disabled while living in an institution only if the institution is subject to the licensing requirements of the Department.

008.01 PATIENTS IN A MEDICAL INSTITUTION AND CONVALESCENT LEAVE. Assistance may be provided for an individual who is a patient in a medical institution, such as a hospital or nursing home, if all other eligibility factors are met. Psychiatric units of medical hospitals are considered part of the medical institution and are not subject to the restriction on psychiatric care identified previously.

008.02 LICENSED INSTITUTIONS. Nebraska currently has the following public institutions licensed for the treatment of mental diseases and developmental disabilities:

(A) Hastings Regional Center;

(B) Norfolk Regional Center;

(C) Lincoln Regional Center; and

(D) Beatrice State Developmental Center.

008.03 LEVELS OF CARE. The previously listed facilities may be licensed by the Department's Division of Public Health and certified under Medicaid as one or more of the following types of facilities:

(A) Acute hospital;

(B) Psychiatric; and

(C) Intermediate care facility for persons with developmental disabilities.
(i) Coverage may be provided to persons of all ages in the previously listed facilities for acute hospital and intermediate care facility for persons with developmental disabilities levels of care if the individuals are otherwise determined eligible.

(ii) Psychiatric care is available to State Disability Plan medically eligible individuals.

(iii) An individual is not eligible to receive an Assistance to the Aged, Blind, or Disabled Payment or State Disability Program if in a prison, unless the individual is hospitalized while in prison, jail or in a veteran's hospital.

008.04 PATIENTS IN A MEDICAL INSTITUTION. Assistance may be provided for a recipient who is a patient in a medical institution, such as a hospital or nursing home, if all other eligibility factors are met. Psychiatric wards of medical hospitals are considered part of the medical institution and are not subject to the restriction on psychiatric care.

008.05 CONVALESCENT LEAVE. Eligibility of individuals on convalescent leave or visit from public medical institutions is determined in accordance with the usual program standards. Eligibility is based on their living situation and needs while on leave.

008.06 RESPONSIBILITY FOR DETERMINING NATURE OF INSTITUTION. The Department determines the public, or private, nature of an institution, and whether a public institution is one in which otherwise eligible individuals may receive assistance.

008.07 CRITERIA FOR DETERMINING THE PUBLIC NATURE OF INSTITUTIONS. Prisons and jails are designated in the law as public institutions whose inmates are ineligible to receive assistance. Governmental participation in financial support of an institution, in policy formulation, or in the application of policy to specific situations, is evidence of the public control which makes it a public institution. Payment from public funds to, or in support of, individuals in a private institution is not considered governmental participation in support of the institution.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.