68-1206. Social services; administration; contracts; payments; duties; federal Child Care Subsidy program; participation; requirements; funding; evaluation.
(1) The Department of Health and Human Services shall administer the program of social services in this state. The department may contract with other social agencies for the purchase of social services at rates not to exceed those prevailing in the state or the cost at which the department could provide those services. The statutory maximum payments for the separate program of aid to dependent children shall apply only to public assistance grants and shall not apply to payments for social services.
(2)(a) As part of the provision of social services authorized by section 68-1202, the department shall participate in the federal child care assistance program under 42 U.S.C. 9857 et seq., as such sections existed on January 1, 2021, and provide child care assistance to families with incomes up to (i) one hundred eighty-five percent of the federal poverty level prior to October 1, 2023, or (ii) one hundred thirty percent of the federal poverty level on and after October 1, 2023.
(b) As part of the provision of social services authorized by this section and section 68-1202, the department shall participate in the federal Child Care Subsidy program. A child care provider seeking to participate in the federal Child Care Subsidy program shall comply with the criminal history record information check requirements of the Child Care Licensing Act. In determining ongoing eligibility for this program, ten percent of a household's gross earned income shall be disregarded after twelve continuous months on the program and at each subsequent redetermination. In determining ongoing eligibility, if a family's income exceeds one hundred eighty-five percent of the federal poverty level prior to October 1, 2023, or one hundred thirty percent of the federal poverty level on and after October 1, 2023, the family shall receive transitional child care assistance through the remainder of the family's eligibility period or until the family's income exceeds eighty-five percent of the state median income for a family of the same size as reported by the United States Bureau of the Census, whichever occurs first. When the family's eligibility period ends, the family shall continue to be eligible for transitional child care assistance if the family's income is below two hundred percent of the federal poverty level prior to October 1, 2023, or one hundred eighty-five percent of the federal poverty level on and after October 1, 2023. The family shall receive transitional child care assistance through the remainder of the transitional eligibility period or until the family's income exceeds eighty-five percent of the state median income for a family of the same size as reported by the United States Bureau of the Census, whichever occurs first. The amount of such child care assistance shall be based on a cost-shared plan between the recipient family and the state and shall be based on a sliding-scale methodology. A recipient family may be required to contribute a percentage of such family's gross income for child care that is no more than the cost-sharing rates in the transitional child care assistance program as of January 1, 2015, for those no longer eligible for cash assistance as provided in section 68-1724.
(c) For the period beginning July 1, 2021, through September 30, 2023, funds provided to the State of Nebraska pursuant to the Child Care and Development Block Grant Act of 1990, 42 U.S.C. 9857 et seq., as such act and sections existed on March 24, 2021, shall be used to pay the costs to the state resulting from the income eligibility changes made in subdivisions (2)(a) and (b) of this section by Laws 2021, LB485. If the available amount of such funds is insufficient to pay such costs, then funds provided to the state for the Temporary Assistance for Needy Families program established in 42 U.S.C. 601 et seq. may also be used. No General Funds shall be used to pay the costs to the state resulting from the income eligibility changes made in subdivisions (2)(a) and (b) of this section by Laws 2021, LB485, for the period beginning July 1, 2021, through September 30, 2023.
(d) The Department of Health and Human Services shall collaborate with a private nonprofit organization with expertise in early childhood care and education for an independent evaluation of the income eligibility changes made in subdivisions (2)(a) and (b) of this section by Laws 2021, LB485, if private funding is made available for such purpose. The evaluation shall be completed by December 15, 2023, and shall be submitted electronically to the department and to the Health and Human Services Committee of the Legislature.
(3) In determining the rate or rates to be paid by the department for child care as defined in section 43-2605, the department shall adopt a fixed-rate schedule for the state or a fixed-rate schedule for an area of the state applicable to each child care program category of provider as defined in section 71-1910 which may claim reimbursement for services provided by the federal Child Care Subsidy program, except that the department shall not pay a rate higher than that charged by an individual provider to that provider's private clients. The schedule may provide separate rates for care for infants, for children with special needs, including disabilities or technological dependence, or for other individual categories of children. The schedule may also provide tiered rates based upon a quality scale rating of step three or higher under the Step Up to Quality Child Care Act. The schedule shall be effective on October 1 of every year and shall be revised annually by the department.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 68 - Public Assistance
68-114 - Nonresident poor persons; temporary aid; relief when legal residence not determined.
68-115 - Legal settlement, defined; exclusions; minors; termination.
68-128 - Emergency assistance; families with children.
68-129 - Public assistance; computation of available resources; exclusions.
68-130 - Counties; maintain office and service facilities; review by department.
68-131 - Poor person; support by county; when eligible.
68-132 - County board; duties.
68-133 - County; adopt standards; requirements.
68-134 - Standards; review; filing; availability.
68-135 - Standards; hearing and notice.
68-136 - Failure to adopt or review standards; judicial review.
68-137 - Repayment; when required.
68-138 - Assistance; denial; termination; reduction; notice; hearing.
68-139 - Hearing before county board or hearing examiner; when allowed.
68-140 - Hearing; rights of person requesting.
68-142 - Judicial review; procedure.
68-143 - Poor person; where chargeable.
68-144 - Poor person; duties of county where found and county of legal settlement.
68-145 - Poor person; county where found; action to recover costs; when authorized.
68-146 - Nonresident poor person; general assistance; legal settlement verified; assurances.
68-148 - General assistance; not alienable; exception.
68-149 - Reimbursement to county; when; procedure.
68-150 - Application; right of subrogation.
68-151 - Employable recipients; legislative findings.
68-152 - Employable recipients; programs authorized.
68-153 - Employable recipients; terms, defined.
68-154 - Employable recipients; rules and regulations.
68-154.01 - Employable recipient; community service required; exception.
68-154.02 - Employable recipient; community service; costs; paid by county.
68-154.03 - Employable recipient; community service; participation; how construed.
68-155 - Employable recipients; ineligible; when; notice; appeal.
68-216 - Transferred to section 68-1001.02.
68-301 - State Assistance Fund; created; investment.
68-313 - Records and information; use and disclosure; limitations.
68-326 - Transferred to section 68-702.01.
68-328 - Assistance; application; furnish with reasonable promptness.
68-601 - Social security; policy.
68-603 - Agreement with federal government; state agency; approval of Governor.
68-604 - Agreement with federal government; instrumentality jointly created with other state.
68-605 - Contributions by state employees; amount.
68-606 - Contribution by state employees; collection.
68-607 - Contribution by state employees; adjustments.
68-608 - Coverage by political subdivisions; plan; modification; approval by state agency.
68-610 - Coverage by political subdivisions; amount; payment.
68-611 - Coverage by political subdivisions; delinquent payments; penalty; collection.
68-620.01 - Transferred to section 18-1221.
68-622 - Referendum; persons eligible to vote; Governor; powers.
68-623 - Referendum; how conducted.
68-624 - Referendum; completion; certification; notice; contents.
68-625 - Referendum; state agency; prepare plan; modification of state agreement.
68-626 - Referendum; state agency; forms; make available; aid political subdivisions.
68-627 - Referendum; supervision.
68-629 - Referendum; Governor; appointment of agency to conduct; cost; payment.
68-630 - Political subdivisions; delinquency in payment; manner of collection.
68-703.01 - Department of Health and Human Services; federal funds; expenditures; authorized.
68-716 - Department of Health and Human Services; medical assistance; right of subrogation.
68-719 - Certain vendor payments prohibited.
68-901 - Medical Assistance Act; act, how cited.
68-903 - Medical assistance program; established.
68-904 - Legislative findings.
68-905 - Program of medical assistance; statement of public policy.
68-906 - Medical assistance; state accepts federal provisions.
68-908 - Department; powers and duties.
68-910 - Medical assistance payments; source of funds.
68-912 - Limits on goods and services; considerations; procedure.
68-913 - Medical assistance program; public awareness; public school district; hospital; duties.
68-916 - Medical assistance; application; assignment of rights; exception.
68-917 - Applicant or recipient; failure to cooperate; effect.
68-918 - Restoration of rights; when.
68-920 - Department; garnish employment income; when; limitation.
68-921 - Entitlement of spouse; terms, defined.
68-922 - Amount of entitlement; department; rules and regulations.
68-923 - Assets; eligibility for assistance; future medical support; considerations; subrogation.
68-924 - Designation of assets; procedure.
68-925 - Department; furnish statement.
68-926 - Legislative findings.
68-928 - Licensed insurer or self-funded insurer; provide coverage information.
68-929 - Licensed insurer; violation.
68-930 - Self-funded insurer; violation; civil penalty.
68-931 - Recovery; authorized.
68-932 - Process for resolving violations; appeal.
68-933 - Civil penalties; disposition.
68-934 - False Medicaid Claims Act; act, how cited.
68-938 - Charge, solicitation, acceptance, or receipt; unlawful; when.
68-939 - Records; duties; acts prohibited; liability; costs and attorney's fees.
68-940 - Penalties or damages; considerations; liability; costs and attorney's fees.
68-940.01 - State Medicaid Fraud Control Unit Cash Fund; created; use; investment.
68-941 - Limitation of actions; burden of proof.
68-942 - Investigation and prosecution.
68-943 - State medicaid fraud control unit; certification.
68-944 - State medicaid fraud control unit; powers and duties.
68-945 - Attorney General; powers and duties.
68-946 - Attorney General; access to records.
68-949 - Medical assistance program; legislative intent; department; duties.
68-950 - Medicaid Prescription Drug Act, how cited.
68-954 - Preferred drug list; considerations; availability of list.
68-962 - Autism Treatment Program Act; act, how cited.
68-963 - Purpose of Autism Treatment Program Act.
68-964 - Autism Treatment Program; created; administration; funding.
68-965 - Autism Treatment Program Cash Fund; created; use; investment.
68-966 - Department; apply for medical assistance program waiver or amendment; legislative intent.
68-968 - School-based health centers; School Health Center Advisory Council; members.
68-970 - Nebraska Regional Poison Center; legislative findings.
68-975 - Department; apply for amendment to medicaid state plan; multisystemic therapy for youth.
68-977 - Ground Emergency Medical Transport Act; act, how cited.
68-980 - Supplemental reimbursement.
68-981 - Supplemental reimbursement; eligibility.
68-982 - Supplemental reimbursement; calculation and payment.
68-983 - Intergovernmental transfer program; department; powers and duties.
68-985 - Governmental entity; duties.
68-986 - Department; amendment to medicaid state plan; department; powers.
68-988 - Increased capitation payments; commencement.
68-991 - Medical provider; authority to apply for medical assistance.
68-993 - Medical parole; protocol.
68-995 - Contracts and agreements; department; duties.
68-996 - Medicaid Managed Care Excess Profit Fund; created; use; investment.
68-997 - Job-skills programs; voluntary; departments; powers and duties.
68-998 - Managed care organization; provider contract; material change; notice.
68-999 - Direct care staff; psychiatric facilities caring for juveniles; standards.
68-9,101 - Multiple procedure payment reduction policy; implementation; when prohibited.
68-1001 - Assistance to the aged, blind, or disabled; program; administration.
68-1001.01 - Department of Health and Human Services; rules and regulations; promulgate.
68-1001.02 - Assistance; action for reimbursement; statute of limitations; when commences to run.
68-1002 - Persons eligible for assistance.
68-1003 - Assistance to the aged; additional qualifications required.
68-1004 - Assistance to the blind; additional qualifications required.
68-1006 - Assistance to the aged, blind, or disabled; amount authorized per person; payment.
68-1006.01 - Personal needs allowance; amount authorized.
68-1007 - Determination of need; elements considered; amounts disregarded.
68-1008 - Application for assistance; investigation; notification.
68-1014 - Assistance; payment to guardian or conservator; when authorized.
68-1016 - Assistance; appeals; procedure.
68-1017 - Assistance; violations; penalties.
68-1017.01 - Supplemental Nutrition Assistance Program; violations; penalties.
68-1018 - Transferred to section 68-903.
68-1019 - Transferred to section 68-911.
68-1019.01 - Transferred to section 68-912.
68-1020 - Transferred to section 68-915.
68-1021 - Transferred to section 68-906.
68-1022 - Transferred to section 68-910.
68-1023 - Transferred to section 68-908.
68-1025.01 - Transferred to section 68-913.
68-1026 - Transferred to section 68-916.
68-1027 - Transferred to section 68-917.
68-1028 - Transferred to section 68-918.
68-1036.02 - Transferred to section 68-919.
68-1036.03 - Transferred to section 68-920.
68-1037.01 - Transferred to section 68-1073.
68-1037.02 - Transferred to section 68-1074.
68-1037.03 - Transferred to section 68-1075.
68-1037.04 - Transferred to section 68-1079.
68-1037.05 - Transferred to section 68-1080.
68-1038 - Transferred to section 68-921.
68-1039 - Transferred to section 68-922.
68-1040 - Transferred to section 68-923.
68-1042 - Transferred to section 68-924.
68-1043 - Transferred to section 68-925.
68-1073 - Transferred to section 68-934.
68-1074 - Transferred to section 68-935.
68-1075 - Transferred to section 68-936.
68-1076 - Transferred to section 68-937.
68-1077 - Transferred to section 68-938.
68-1078 - Transferred to section 68-939.
68-1079 - Transferred to section 68-940.
68-1080 - Transferred to section 68-941.
68-1081 - Transferred to section 68-942.
68-1082 - Transferred to section 68-943.
68-1083 - Transferred to section 68-944.
68-1084 - Transferred to section 68-945.
68-1085 - Transferred to section 68-946.
68-1086 - Transferred to section 68-947.
68-10,100 - Transferred to section 68-926.
68-10,101 - Transferred to section 68-927.
68-10,102 - Transferred to section 68-928.
68-10,103 - Transferred to section 68-929.
68-10,104 - Transferred to section 68-930.
68-10,105 - Transferred to section 68-931.
68-10,106 - Transferred to section 68-932.
68-10,107 - Transferred to section 68-933.
68-1103 - Committee; officers; meetings.
68-1105 - Committee; special committees; members; expenses.
68-1106 - Committee; federal funds; grants; gifts; acceptance; disposition.
68-1108 - Department of Health and Human Services; report.
68-1112 - Legislative findings.
68-1113 - Purpose of act; legislative intent.
68-1115 - Funding for aging and disability resource centers.
68-1116 - Aging and disability resource centers; services.
68-1117 - Area agency on aging or partnering organization; powers and duties.
68-1119 - Reimbursement; schedule.
68-1120 - Funding; legislative intent.
68-1201 - Eligibility determination; exclusion of certain assets and income.
68-1202 - Social services; services included.
68-1207.01 - Department of Health and Human Services; caseloads report; contents.
68-1208 - Rules and regulations; right of appeal and hearings.
68-1209 - Applications for social services; information; safeguarded.
68-1211 - Case management of child welfare services; legislative findings and declarations.
68-1214 - Case managers; training program; department; duties; training curriculum; contents.
68-1215 - Low-income home energy assistance program; eligibility; determination.
68-1216 - Low-income home energy assistance program; allocation of funds.
68-1403 - Genetically handicapped persons; medical care program; services and treatment included.
68-1404 - Medical care of genetically handicapping conditions; reimbursement.
68-1406 - Benefits and services; payment liability.
68-1502 - Legislative findings.
68-1504 - Department of Health and Human Services; provide support; expenses; compensation.
68-1505 - Support; families; eligibility requirements.
68-1506 - Support; disabled person in independent living situation; eligibility requirements.
68-1507 - Eligibility; department determine.
68-1508 - Support; allocation of costs; basis.
68-1509 - Department; needs and eligibility criteria; factors.
68-1511 - Department; payment of support; provide assistance; providers of programs and services.
68-1512 - Support; maximum allowance; limitations.
68-1513 - Department; review needs of support recipient.
68-1514 - Denial of support; hearing provided.
68-1515 - Rules and regulations; contents.
68-1516 - Department; provide support; when; priorities.
68-1517 - Department; expenditure of funds authorized.
68-1518 - Department; report; contents.
68-1519 - Obtaining support in violation of sections; violation; penalty.
68-1520 - Legislative findings.
68-1522 - Nebraska Lifespan Respite Services Program; established.
68-1523 - Program; administration.
68-1524 - Program; requirements.
68-1525 - Services; requirements.
68-1526 - Rules and regulations.
68-1529 - Legislative findings and declarations.
68-1531 - Services and support; eligibility.
68-1532 - Family support program; services and support; priorities.
68-1533 - Family support program; implementation; conditions.
68-1534 - Family support program; evaluation.
68-1603 - Department, defined.
68-1604 - Homeless Shelter Assistance Trust Fund; created; use; investment.
68-1605 - Department; grants; requirements; application; considerations.
68-1607 - Recipients; requirements.
68-1608 - Rules and regulations.
68-1709 - Legislative findings and declarations.
68-1711 - Assessment tool; state agencies; utilize.
68-1715 - Rules and regulations.
68-1719 - Self-sufficiency contract; purpose.
68-1720 - Self-sufficiency contract; contents.
68-1721 - Principal wage earner and other nonexempt members of applicant family; duties.
68-1723 - Cash assistance; requirements; extension of time limit; when; hearing; review.
68-1725 - Alternative payment systems authorized.
68-1726 - Assistance under act; eligibility factors.
68-1727 - Family resource centers; legislative intent.
68-1728 - Services for families and children; legislative findings and declarations.
68-1731 - Family services; legislative intent.
68-1732 - Integrated programs and policies; legislative intent.
68-1733 - Planning process; state agencies; duty to establish.
68-1734 - Application process; legislative intent; common assessment tool.
68-1735.02 - Department of Health and Human Services; report; contents.
68-1735.03 - Legislative intent.
68-1738 - Department of Health and Human Services; duty.
68-1803 - Tax; rate; collection; report.
68-1804 - ICF/DD Reimbursement Protection Fund; created; use; allocation; investment; report.
68-1805 - State medicaid plan; application for amendment; tax; when due.
68-1806 - Collection of tax; discontinued; when; effect.
68-1807 - Failure to pay tax; penalty.
68-1809 - Rules and regulations.
68-1902 - Definitions, where found.
68-1903 - Bed-hold day, defined.
68-1904 - Continuing care retirement community, defined.
68-1905 - Department, defined.
68-1906 - Gross inpatient revenue, defined.
68-1908 - Life care contract, defined.
68-1909 - Medical assistance program, defined.
68-1910 - Medicare day, defined.
68-1911 - Medicare upper payment limit, defined.
68-1912 - Nursing facility, defined.
68-1913 - Quality assurance assessment, defined.
68-1914 - Resident day, defined.
68-1915 - Skilled nursing facility, defined.
68-1916 - Total resident days, defined.
68-1917 - Quality assurance assessment; payment; computation.
68-1919 - Reduction of quality assurance assessment; when.
68-1920 - Aggregate quality assurance assessment; limitation.
68-1921 - Quality assurance assessment; payments; form.
68-1922 - Department; collect quality assurance assessment; remit to State Treasurer.
68-1923 - Quality assurance assessment; report; medicaid cost report; how treated.
68-1924 - Underpayment or overpayment; notice.
68-1926 - Nursing Facility Quality Assurance Fund; created; use; investment.
68-1929 - Aggrieved party; hearing; petition.
68-1930 - Rules and regulations.