Nebraska Administrative Code
Topic - TREASURER, STATE
Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST
Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN
Section 429-2-002 - Definitions

Adult day service (ADS) means a person or any legal entity which provides care and an array of social, medical, or other support services for a period of less than 24 consecutive hours in a community-based program to four or more persons who require or request such services due to age or functional impairment.

Account means the separate account created by an Account Agreement entered into between each Participant and the Participating Financial Institution. Unless otherwise allowed by the Code and Act, each Account shall have one Participant.

Activities of Daily Living means eating, mobility, toileting, transferring, bathing, dressing, and continence.

Act means the Long-Term Care Savings Plan Act.

Attendant Services means services provided to non-medically fragile persons, including hands-on assistance with activities of daily living, transfer, grooming, medication, reminders, and similar activities.

Assistive Technology and Supports (ATS) means specialized medical equipment and supplies which include devices, controls, or appliances which enable a Participant to increase their abilities to perform Multiple Basic Life Functions independently or to perceive, control or communicate with the environment in which they live.

Basic Therapeutic Care means basic health care procedures including but not limited to measuring vital signs, applying hot and cold applications and non-sterile dressings, and assisting with, but not administering internal and external medications which are normally self-administered. Basic therapeutic care does not include health care procedures which require exercise of nursing or medical judgment.

Beneficiary means an individual designated by a Participant, or one who is designated as the new Beneficiary when Beneficiaries are changed.

Care means the exercise of concern or responsibility for the comfort, welfare and habilitation of persons, including a minimum amount of supervision and assistance with or the provision of Personal Care or Services, Activities of Daily Living, Health Maintenance Activities, or other supportive services.

Cash means lawful United States Currency and shall include but not be limited to cash, checks (other than travelers checks), money orders, payroll deductions, automatic contribution plans and electronic funds transfers, or similar means of payment accepted by the Participating Financial Institution. Cash shall not include real or non-cash personal property.

Code means the present Internal Revenue Code and regulations of the United States.

Health Maintenance Activities means noncomplex interventions which can safely be performed according to exact directions, which do not require alteration of the standard procedure, and for which the results and Participant's responses are predictable.

Home means a Participant's permanent or temporary residence, other than a hospital or Long-Term Care Facility.

Home Health Services means the use of a trained, supervised agency employee to provide nursing care and other Therapeutic Services.

Home Modifications means physical adaptations necessary for the Participant to remain in their Home. They may include but are not limited to, the installation of ramps and grab bars; widening of doorways; modification of bathroom facilities, or installation of specialized electric and plumbing systems which are necessary to support assistive equipment.

In-Home Services means the use of a trained, supervised agency employee or an individual (whom the Participant is able to self-direct) to assist the Participant to perform Multiple Basic Life Functions.

In-Home Personal Services Agency means an entity that provides in-home personal services for compensation by employees of the agency or by persons with whom the agency has contracted to provide such services.

In-Home Personal Services means attendant services and homemaker services that do not require the exercise of medical or nursing judgment provided to a Participant in their residence to enable them to remain safe and comfortable in such residence.

Long-Term Care Facility means an assisted-living facility, long-term care hospital, a nursing facility, rehabilitation hospital, centers for the developmentally disabled, mental health centers, skilled nursing facility which is licensed provider by the Nebraska Department of Health and Human Services or similar state licensing agency.

Long-Term Care Expense means the cost of the care provided in a Long-Term Care Facility and Long-Term Care Services or Personal Services which are provided in a Participant's Home when the Participant receiving the Care or Personal Services is unable to perform Multiple Basic Life Functions.

Long-Term Care Services means Adult Day Services, Respite Care Services, Hospice Services, Home Health Services, In-Home Services, and In-Home Personal Services.

Medical necessity is generally considered that which is reasonable, necessary or appropriate based on evidence-based clinical standards of care.

Multiple Basic Life Functions means Activities of Daily Living, Health Maintenance Activities and Personal Care or Services.

Participating Financial Institution means a state-chartered or federally chartered bank, savings bank, building and loan association, savings and loan association, credit union or a subsidiary of such a bank, association or credit union, that is in good standing with applicable regulatory authorities and not in receivership who has a Participation Agreement for Financial Institutions on file with the Nebraska State Treasurer.

Personal Care or Services means bathing hair care, nail care, shaving, dressing, oral care, and similar activities.

Therapeutic Services means any of the following services provided under a physician's plan of care at the Participant's Home on a full-time, part-time, or intermittent basis: skilled nursing care; physical therapy; speech pathology; occupational therapy; respiratory care; home health aide service; social work service; intravenous therapy; and dialysis.