Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 473 - SOCIAL SERVICES FOR THE AGED AND DISABLED
Chapter 3 - SOCIAL SERVICE PROVIDERS
Section 473-3-011 - PROVIDER STANDARDS

Universal Citation: 473 NE Admin Rules and Regs ch 3 ยง 011

Current through March 20, 2024

The following standards apply to all providers:

(A) The proposed service must meet the service definitions;

(B) The Department need not enroll a potential provider if the proposed service is sufficiently available. The Department has discretion to determine if adequate services are available;

(C) All service providers must have a Federal Identification number or Social Security number whichever is appropriate before being approved for enrollment;

(D) The provider must not be the parent of the minor child receiving services nor the legal guardian, spouse, or minor child of the recipient;

(E) The provider must not have a history of chronic incorrect or inaccurate billings whether intentional or unintentional for services that have been provided or have a criminal history of financial mismanagement; and

(F) The provider must not engage in or have an ongoing history of criminal activity that may be harmful or may endanger individuals for whom the provider serves. This may include a substantiated listing as a perpetrator on the child or adult Central Registries of abuse or neglect; a criminal conviction for a crime endangering the life, well-being, or safety of the victim or a member of the public; or a crime involving fraud or theft of property or services. The following criminal violations will disqualify a provider from enrollment:

(i) Child pornography;

(ii) Child sexual abuse;

(iii) Driving under the influence. For providers of non-transportation services, two or more driving under the influence citations or convictions have occurred within the last five years;

(iv) Domestic violence;

(v) Shoplifting after age 19 within the last three years;

(vi) Felony fraud within the last 10 years;

(vii) Misdemeanor fraud within the last five years;

(viii) Termination of provider status for cause from any Department program within the last 10 years;

(ix) Possession of any controlled substance within the last five years;

(x) Possession of a controlled substance with intent to deliver within the last five years;

(xi) Felony or misdemeanor assault without a weapon in the last 10 years;

(xii) Felony or misdemeanor assault with a weapon in the last 15 years;

(xiii) Prostitution or solicitation of prostitution within the last five years;

(xiv) Felony or misdemeanor robbery or burglary within the last 10 years;

(xv) Rape or sexual assault;

(xvi) Homicide; or

(xvii) Other pending criminal charges or convictions are evaluated using the general guidelines of this Chapter and weighted to similar offenses included on this list.

011.01 PROVIDER AGENCIES. If the provider is an agency, the provider agency must review its policies regarding hiring and reporting to ensure appropriate procedures regarding abuse, neglect and other criminal violations are in place to protect recipients of services.

011.02 INDIVIDUAL PROVIDERS. If the provider is an individual, the Department will check the Abuse and Neglect Central Registries to determine if any substantiated reports of abuse or neglect by the provider exist. If the provider provides services in the provider's home, the Department will check the Abuse and Neglect Central Registries to determine if any substantiated reports of abuse or neglect by household members exist. If a report of abuse or neglect has been substantiated, the Department will not contract with the provider. If a report of abuse or neglect concerning a current provider or a household member as perpetrator is substantiated, the provider will be immediately terminated.

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.
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