Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 477 - MEDICAID ELIGIBILITY
Chapter 28 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE, NON-IV-E ADOPTION SUBSIDY, FORMER FOSTER CARE CHILDREN
Section 477-28-002 - CHILDREN ELIGIBLE FOR IV-E ASSISTANCE

Universal Citation: 477 NE Admin Rules and Regs ch 28 ยง 002

Current through March 20, 2024

A child eligible for federally funded assistance through the Title IV-E program is Medicaid eligible. This includes subsidized adoption and subsidized guardianship.

002.01 ELIGIBLE CHILDREN. A child qualifying for IV-E assistance is eligible for Medicaid if:

(A) The child is IV-E eligible and is in the custody of the Department or a court of competent jurisdiction;

(B) The child is in the custody of another state that made the IV-E determination, but the child lives in Nebraska; or

(C) The child has been determined eligible for IV-E subsidized guardianship or adoption assistance by Nebraska, or another state but the child lives in Nebraska.

002.02 AGE. A child who is IV-E eligible and under 19 years old shall be eligible for Medicaid, with the following exceptions:

(A) A child who is in an institution for mental disease (IMD) is eligible until he or she turns 21 years old; and

(B) A young adult who entered into an adoption or guardianship agreement after reaching 16 years old and is IV-E eligible may be eligible for Medicaid until he or she turns 21 years old.

002.03 INCOME AND RESOURCES. A child eligible for IV-E is exempt from income and resource tests.

002.04 EFFECTIVE DATE OF MEDICAID ELIGIBILITY. Medicaid eligibility is effective the first day of the month in which custody was first granted if the child was IV-E eligible in that same month.

002.05 CONTINUOUS ELIGIBILITY. Children who are eligible for Medicaid due to IV-E eligibility shall receive six months of continuous eligibility from the date of initial Medicaid eligibility. See 477 NAC 3.

002.06 CHILD PLACED IN A JAIL OR A DETENTION FACILITY. Medicaid cannot be used as a funding source for medical care during incarceration.

002.06(A) EXCEPTION. When a child placed in jail or detention leaves that setting and goes to an acute medical treatment setting for at least 24 hours, medical treatment in the acute setting may be billed to Medicaid if eligibility requirements are otherwise met.

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