Nebraska Revised Statutes
Chapter 68 - Public Assistance
68-916 - Medical assistance; application; assignment of rights; exception.

68-916. Medical assistance; application; assignment of rights; exception.
The application for medical assistance shall constitute an automatic assignment of the rights specified in this section to the department or its assigns effective from the date of eligibility for such assistance. The assignment shall include the rights of the applicant or recipient and also the rights of any other member of the assistance group for whom the applicant or recipient can legally make an assignment.
Pursuant to this section and subject to sections 68-921 to 68-925, the applicant or recipient shall assign to the department or its assigns any rights to medical care support available to him or her or to other members of the assistance group under an order of a court or administrative agency and any rights to pursue or receive payments from any third party liable to pay for the cost of medical care and services arising out of injury, disease, or disability of the applicant or recipient or other members of the assistance group which otherwise would be covered by medical assistance. Medicare benefits shall not be assigned pursuant to this section. Rights assigned to the department or its assigns under this section may be directly reimbursable to the department or its assigns by liable third parties, as provided by rule or regulation of the department, when prior notification of the assignment has been made to the liable third party.
Source

Annotations

The statutory assignment to Department of Social Services under this section is subject to a valid hospital lien acquired under section 52-401 when the hospital lien exists before the department obligates itself to pay, or does pay, medical assistance benefits under this section. Ehlers v. Perry, 242 Neb. 208, 494 N.W.2d 325 (1993).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 68 - Public Assistance

68-104 - Department of Health and Human Services; overseer of poor; county board; assistance; powers and duties.

68-114 - Nonresident poor persons; temporary aid; relief when legal residence not determined.

68-115 - Legal settlement, defined; exclusions; minors; termination.

68-126 - Health services; maximum payments; rules and regulations; standard of need for medical services; established.

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.

68-141 - Hearing; procedure.

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.

68-147 - County, when liable.

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.

68-158 - Program to provide amino acid-based elemental formulas; Department of Health and Human Services; duties; report.

68-216 - Transferred to section 68-1001.02.

68-301 - State Assistance Fund; created; investment.

68-309 - Department of Health and Human Services; sole state agency for administration of welfare programs.

68-312 - Department of Health and Human Services; rules and regulations; records and other communications; use by other agency or department.

68-313 - Records and information; use and disclosure; limitations.

68-313.01 - Records and information; access by the Legislature and state and county officials; open to public; limitation.

68-314 - Violations; penalty.

68-326 - Transferred to section 68-702.01.

68-328 - Assistance; application; furnish with reasonable promptness.

68-601 - Social security; policy.

68-602 - Terms, defined.

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.

68-609 - Coverage by political subdivisions; refusal, amendment, or termination of plan; notice; hearing.

68-610 - Coverage by political subdivisions; amount; payment.

68-611 - Coverage by political subdivisions; delinquent payments; penalty; collection.

68-620 - Cities and villages; special levy; addition to levy limitations; contribution to state agency.

68-620.01 - Transferred to section 18-1221.

68-621 - Terms, defined.

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.

68-631 - Metropolitan utilities district; social security; employees; separate group; referendum; effect.

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.

68-717 - Department of Health and Human Services; assume responsibility for public assistance programs.

68-718 - Furniture, property, personnel; transferred to Department of Health and Human Services; personnel, how treated.

68-719 - Certain vendor payments prohibited.

68-720 - Aid to dependent children; child care subsidy program; administrative disqualification; intentional program violation; disqualification period.

68-901 - Medical Assistance Act; act, how cited.

68-902 - Purposes of act.

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.

68-907 - Terms, defined.

68-908 - Department; powers and duties.

68-909 - Existing contracts, agreements, rules, regulations, plan, and waivers; how treated; report required; exception; department; powers and duties.

68-910 - Medical assistance payments; source of funds.

68-911 - Medical assistance; mandated and optional coverage; department; submit state plan amendment or waiver.

68-912 - Limits on goods and services; considerations; procedure.

68-913 - Medical assistance program; public awareness; public school district; hospital; duties.

68-914 - Application for medical assistance; form; department; decision; notice; requirements; appeal.

68-915 - Eligibility.

68-916 - Medical assistance; application; assignment of rights; exception.

68-917 - Applicant or recipient; failure to cooperate; effect.

68-918 - Restoration of rights; when.

68-919 - Medical assistance recipient; liability; when; claim; procedure; department; powers; recovery of medical assistance reimbursement; procedure.

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.

68-927 - Terms, defined.

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.

68-935 - Terms, defined.

68-936 - Presentation of false medicaid claim; civil liability; violation of act; civil penalty; damages; costs and attorney's fees.

68-937 - Failure to report.

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.

68-947 - Contempt of court.

68-949 - Medical assistance program; legislative intent; department; duties.

68-950 - Medicaid Prescription Drug Act, how cited.

68-951 - Purpose of act.

68-952 - Terms, defined.

68-953 - Preferred drug list; department; establish and maintain; pharmaceutical and therapeutics committee; members; expenses.

68-954 - Preferred drug list; considerations; availability of list.

68-955 - Prescription of drug not on preferred drug list; conditions; antidepressant, antipsychotic, or anticonvulsant prescription drug; prior authorization; not required, when.

68-956 - Department; duties.

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.

68-967 - Comprehensive treatment of pediatric feeding disorders; amendment to state medicaid plan; department; duties.

68-968 - School-based health centers; School Health Center Advisory Council; members.

68-969 - Amendment to medicaid state plan or waiver; children eligible for medicaid and CHIP; treatment for pregnant women; department; duties.

68-970 - Nebraska Regional Poison Center; legislative findings.

68-971 - Amendment to medicaid state plan or waiver; Nebraska Regional Poison Center; payments; use; department; duties; University of Nebraska Medical Center; report.

68-972 - Prenatal care; legislative findings; creation of separate program; benefits provided; department; submit state plan amendment or waiver; eligibility.

68-973 - Medical assistance programs; improper payments; postpayment reimbursement; legislative findings; integrity procedures and guidelines; legislative intent.

68-974 - Program integrity contractors; contracts; contents; audit procedures; powers; health insurance premium assistance payment program; contract; department; powers and duties; form of records authorized; appeal; report.

68-975 - Department; apply for amendment to medicaid state plan; multisystemic therapy for youth.

68-976 - Provider with high categorical risk level; fingerprint-based criminal history record information check; Nebraska State Patrol; issue report; cost; department; powers and duties.

68-977 - Ground Emergency Medical Transport Act; act, how cited.

68-978 - Terms, defined.

68-979 - Legislative intent.

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.

68-984 - Agreement.

68-985 - Governmental entity; duties.

68-986 - Department; amendment to medicaid state plan; department; powers.

68-987 - Department; duties.

68-988 - Increased capitation payments; commencement.

68-989 - Disclosure by applicant; income and assets; action for recovery of medical assistance authorized.

68-990 - Medical assistance; transfers; security for recovery of indebtedness to department; lien; notice; filing; department; duties; section null and void.

68-991 - Medical provider; authority to apply for medical assistance.

68-992 - Eligibility for medical assistance; expanded population; Department of Health and Human Services; duties.

68-993 - Medical parole; protocol.

68-994 - Long-term care services and supports; department; limitation on addition to medicaid managed care program.

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.

68-9,100 - Hospital and nursing facility services; reimbursement; rate methodology; rules and regulations.

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.

68-1005 - Assistance to the disabled; additional qualifications required; department; powers and duties.

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.

68-1013 - Assistance to the aged, blind, and disabled; not vested right; not assignable; exemption from levy.

68-1014 - Assistance; payment to guardian or conservator; when authorized.

68-1015 - Assistance; investigation; attendance of witnesses; production of records; subpoena power; oaths.

68-1016 - Assistance; appeals; procedure.

68-1017 - Assistance; violations; penalties.

68-1017.01 - Supplemental Nutrition Assistance Program; violations; penalties.

68-1017.02 - Supplemental Nutrition Assistance Program; department; duties; state outreach plan; report; contents; categorical eligibility; legislative intent; increased benefits, when; person ineligible, when.

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.

68-1095.01 - Long-Term Care Partnership Program; established; Department of Health and Human Services; duties.

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.

68-1101 - Division of Medicaid and Long-Term Care Advisory Committee on Aging; created; members; appointment; term; vacancy.

68-1103 - Committee; officers; meetings.

68-1104 - Committee; duties.

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.

68-1111 - Act, how cited.

68-1112 - Legislative findings.

68-1113 - Purpose of act; legislative intent.

68-1114 - Terms, defined.

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.

68-1118 - Department; report.

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.

68-1203 - Social services; provided or purchased; dependent children and families; aged, blind, or disabled persons.

68-1204 - Social services or specialized developmental disability services; rules and regulations; agreements; fee schedules.

68-1205 - Matching funds.

68-1206 - Social services; administration; contracts; payments; duties; federal Child Care Subsidy program; participation; requirements; funding; evaluation.

68-1207 - Department of Health and Human Services; public child welfare services; supervise; department; caseload requirements; case plan developed.

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.

68-1210 - Department of Health and Human Services; certain foster care children; payment rates; family care services; plan; implementation.

68-1211 - Case management of child welfare services; legislative findings and declarations.

68-1212 - Department of Health and Human Services; cases; case manager; employee of department; duties.

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.

68-1401 - Act, how cited.

68-1402 - Department of Health and Human Services; program for persons with genetically handicapping conditions; duties.

68-1403 - Genetically handicapped persons; medical care program; services and treatment included.

68-1404 - Medical care of genetically handicapping conditions; reimbursement.

68-1405 - Department of Health and Human Services; medical care program; uniform standards of financial eligibility and payment; establish.

68-1406 - Benefits and services; payment liability.

68-1501 - Act, how cited.

68-1502 - Legislative findings.

68-1503 - Terms, defined.

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.

68-1510 - Support; supplemental to other programs; availability of other programs; department; duties.

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.

68-1521 - Terms, defined.

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.

68-1527 - Department; duties.

68-1528 - Use of funds.

68-1529 - Legislative findings and declarations.

68-1530 - Family support program; Department of Health and Human Services; Advisory Committee on Developmental Disabilities; duties; funding; legislative intent; family support program; services and support; rules and regulations; report.

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.

68-1601 - Act, how cited.

68-1602 - Legislative intent.

68-1603 - Department, defined.

68-1604 - Homeless Shelter Assistance Trust Fund; created; use; investment.

68-1605 - Department; grants; requirements; application; considerations.

68-1606 - Grant money; use.

68-1607 - Recipients; requirements.

68-1608 - Rules and regulations.

68-1708 - Act, how cited.

68-1709 - Legislative findings and declarations.

68-1710 - Legislative intent.

68-1711 - Assessment tool; state agencies; utilize.

68-1713 - Department of Health and Human Services; implementation of policies; transitional health care benefits.

68-1715 - Rules and regulations.

68-1718 - Financial assistance; comprehensive assets assessment required; contents; periodic assessments.

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.

68-1722 - Legislative findings; case management practices and supportive services; department; powers and duties; extension of time limit on cash assistance; when.

68-1723 - Cash assistance; requirements; extension of time limit; when; hearing; review.

68-1724 - Cash assistance; duration; reimbursement of expenses; when; conditions; extension of time limit.

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 - Creating self-sufficiency contract and meeting work activity requirement; applicant under twenty years of age; activities authorized.

68-1735.01 - Creating self-sufficiency contract and meeting work activity requirement; applicant; activities authorized.

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.

68-1801 - Act, how cited.

68-1802 - Terms, defined.

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.

68-1806.01 - Tax; use.

68-1807 - Failure to pay tax; penalty.

68-1808 - Refund; procedure.

68-1809 - Rules and regulations.

68-1901 - Act, how cited.

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.

68-1907 - Hospital, 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.

68-1918 - Providers exempt.

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.

68-1925 - Failure to pay; penalty; waiver; when; withholding authorized; collection methods authorized.

68-1926 - Nursing Facility Quality Assurance Fund; created; use; investment.

68-1927 - Application for amendment to medicaid state plan; approval; effect; resubmission of waiver application.

68-1928 - Department; discontinue collection of quality assurance assessments; when; return of money.

68-1929 - Aggrieved party; hearing; petition.

68-1930 - Rules and regulations.

68-2001 - Act, how cited.

68-2002 - Purposes of act.

68-2003 - Terms, defined.

68-2004 - Department; report; contents.

68-2005 - Rules and regulations.