Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 477 - MEDICAID ELIGIBILITY
Chapter 18 - RELATIVE RESPONSIBILITY FOR MAGI-BASED PROGRAMS
Section 477-18-003 - DETERMINATION OF PATERNITY

Current through March 20, 2024

Paternity cannot be established unless an alleged father has signed a written and notarized paternity acknowledgment form or a court has determined him to be the father. Note: Paternity cannot be established for an unborn

003.01 Medical Assistance for Individuals 18 or Younger

Children may receive Medicaid if they meet the eligibility requirements outlined in this material. See Appendix 477-000-012 for the applicable federal poverty levels.

1. Newborn child(ren): Newborn child(ren) born to Medicaid eligible pregnant women are eligible at the time of birth, if the family income equals the applicable federal poverty level, through the month of the child's first birthday.

2. Children up to age one: Children up to the age of one are eligible if the family income equals the applicable federal poverty level.

3. Children age five or younger: Children age one through five (through the month of their sixth birthday) are eligible if the family income equals the applicable federal poverty level.

4. Children ages six and older: Children ages 6 through 18 are eligible if the family income equals the applicable federal poverty level. Eligibility continues through the month of the child's 19th birthday.

5. Children's Health Insurance Program (CHIP): Children age 18 or younger who do not meet income limits for Medicaid are eligible for CHIP if the family income is at or below the applicable Federal Poverty Level and are not covered by creditable health insurance.

6. Minor pregnant women: Minor pregnant women who do not meet the income limits for children's Medicaid are eligible under the Pregnant Woman category if the family income equals the applicable federal poverty level. Ongoing Medicaid eligibility must be reviewed prior to the end of the 60-day postpartum period.

003.02 Child in an IMD

18-003.02A Child in an IMD: If a child who is placed in an IMD is a ward of the Department or another public agency or if the placement is court-ordered, see 477 NAC 25-001. If the child who is placed in an IMD is still considered part of the household, the parent(s)' income is deemed. See Appendix 477-000-017 for calculation procedures.

18-003.02B Individuals Age 19 and 20: May be found eligible for services under this category if they are receiving inpatient care in an Institution for Mental Disease (IMD). If an individual is an inpatient in an IMD when s/he reaches 21 years of age, s/he may remain eligible for services either until discharge or until s/he reaches age 22, whichever comes first.

003.03 Children Ineligible Due to MAGI Methodologies

Children who lose Medicaid or CHIP eligibility (with or without health insurance) due to the elimination of disregards as a result of the conversion to MAGI shall have protective Medicaid coverage for one year if the child had Medicaid as of December 31, 2013, unless the following conditions are met previously:

1. Attain age 19;

2. Move out of Nebraska;

3. Request removal from the program; or

4. Deceased.

18-003.03A Exceptions to the protective status:
1. Children who are inmates of a public institution; or

2. Children who are patients in an institution for mental disease (IMD).

This protected group expires December 31, 2015.

003.04 Children Receiving CHIP Who Move to Medicaid Due to the Increased Federal Poverty Levels under the ACA

Children who move from CHIP to Medicaid as a result of increased Federal Poverty Levels effective January 1, 2014 shall qualify for CHIP funding for up to one year if the child was CHIP eligible as of December 31, 2013 and continues to meet Medicaid eligibility requirements.

This group expires December 31, 2015.

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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