68-915. Eligibility.
The following persons shall be eligible for medical assistance:
(1) Dependent children as defined in section 43-504;
(2) Aged, blind, and disabled persons as defined in sections 68-1002 to 68-1005;
(3) Children under nineteen years of age who are eligible under section 1905(a)(i) of the federal Social Security Act;
(4) Persons who are presumptively eligible as allowed under sections 1920 and 1920B of the federal Social Security Act;
(5) Children under nineteen years of age with a family income equal to or less than two hundred percent of the Office of Management and Budget income poverty guideline, as allowed under Title XIX and Title XXI of the federal Social Security Act, without regard to resources, and pregnant women with a family income equal to or less than one hundred eighty-five percent of the Office of Management and Budget income poverty guideline, as allowed under Title XIX and Title XXI of the federal Social Security Act, without regard to resources. Children described in this subdivision and subdivision (6) of this section shall remain eligible for six consecutive months from the date of initial eligibility prior to redetermination of eligibility. The department may review eligibility monthly thereafter pursuant to rules and regulations adopted and promulgated by the department. The department may determine upon such review that a child is ineligible for medical assistance if such child no longer meets eligibility standards established by the department;
(6) For purposes of Title XIX of the federal Social Security Act as provided in subdivision (5) of this section, children with a family income as follows:
(a) Equal to or less than one hundred fifty percent of the Office of Management and Budget income poverty guideline with eligible children one year of age or younger;
(b) Equal to or less than one hundred thirty-three percent of the Office of Management and Budget income poverty guideline with eligible children over one year of age and under six years of age; or
(c) Equal to or less than one hundred percent of the Office of Management and Budget income poverty guideline with eligible children six years of age or older and less than nineteen years of age;
(7) Persons who are medically needy caretaker relatives as allowed under 42 U.S.C. 1396d(a)(ii);
(8) As allowed under 42 U.S.C. 1396a(a)(10)(A)(ii)(XV) and (XVI), disabled persons who have a family income of less than two hundred fifty percent of the Office of Management and Budget income poverty guideline. Such persons shall be subject to payment of premiums as a percentage of family income beginning at not less than two hundred percent of the Office of Management and Budget income poverty guideline. Such premiums shall be graduated based on family income and shall not exceed seven and one-half percent of family income;
(9) As allowed under 42 U.S.C. 1396a(a)(10)(A)(ii), persons who:
(a) Have been screened for breast and cervical cancer under the Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act, 42 U.S.C. 300k et seq., in accordance with the requirements of section 1504 of such act, 42 U.S.C. 300n, and who need treatment for breast or cervical cancer, including precancerous and cancerous conditions of the breast or cervix;
(b) Are not otherwise covered under creditable coverage as defined in section 2701(c) of the federal Public Health Service Act, 42 U.S.C. 300gg-3(c);
(c) Have not attained sixty-five years of age; and
(d) Are not eligible for medical assistance under any mandatory categorically needy eligibility group;
(10) Persons eligible for services described in subsection (3) of section 68-972; and
(11) Persons eligible pursuant to section 68-992.
Except as provided in subdivision (8) of this section and section 68-972, eligibility shall be determined under this section using an income budgetary methodology that determines children's eligibility at no greater than two hundred percent of the Office of Management and Budget income poverty guideline and adult eligibility using adult income standards no greater than the applicable categorical eligibility standards established pursuant to state or federal law. Except as otherwise provided in subdivision (8) of this section, the department shall determine eligibility under this section pursuant to such income budgetary methodology and subdivision (1)(q) of section 68-1713.
Source
Annotations
The adoption of an act of Congress to be passed in the future would be an unconstitutional attempt on the part of the Legislature to delegate legislative authority to Congress. By adopting the provisions of federal law, this section provides that caretaker relatives are eligible for medical assistance benefits. The Legislature may lawfully adopt by reference an existing law or regulation of another jurisdiction, including the United States. Clemens v. Harvey, 247 Neb. 77, 525 N.W.2d 185 (1994).
In order for a minor or an incompetent adult without a legal guardian to qualify for assistance under this section, the applicant's parent must be a legal resident of Nebraska, the applicant's legal residence in Nebraska must be established by a court, or the applicant must have left her parents' home while the parents were legal residents of Nebraska. Gosney v. Department of Public Welfare, 206 Neb. 137, 291 N.W.2d 708 (1980).
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.