Section 404-3-002 - DEVELOPMENTAL DISABILITIES SERVICES FUNDED BY STATE GENERAL FUNDSThe following provisions govern services funded by State General Funds.
002.01DENIAL OF STATE GENERAL FUNDS. The Department may at any time deny or terminate funding for specialized services funded solely by State General Funds for one or more of the following reasons: (A) The individual does not meet eligibility requirements;(B) The Legislature has not appropriated sufficient fiscal resources to fund all services for all persons determined eligible for specialized services;(C) The eligible individual's needs may be met through the use of natural supports or other resources;(D) Funding for requested specialized services is available from other sources;(E) The eligible individual has not met prioritization criteria;(F) The eligible individual has not met criteria for funding available through legislative mandates, or court decisions addressing specific population, groups, or order of services offered;(G) The eligible individual or legal representative has failed to apply for and accept any federal Medicaid benefits for which she or he may be eligible; for benefits from other funding sources within the Department or the Nebraska Department of Education; and for benefits from other agencies to the maximum extent possible;(H) The eligible individual is not eligible for Medicaid benefits or the eligible individual or legal representative has failed to comply with requirements for initial or continued eligibility of any federal Medicaid benefits for which she or he may be eligible;(I) The eligible individual or legal representative failed to comply with the requirements for initial or continued benefits from other funding sources within the Department, the Nebraska Department of Education, and other agencies to the maximum extent possible;(J) The eligible individual or legal representative has not signed documentation required by the Department;(K) The eligible individual or legal representative has failed to cooperate with, or refused the services funded by the Department;(L) The child under the age of 22 could receive educational services during a normal, regular, or adjusted school day;(M) A plan of services and supports to protect the individual's health and welfare cannot be developed or maintained; or(N) The eligible individual, legal representative, or representative payee has not supplied information requested by the Department including information regarding the individual's ability to pay a portion of the costs of services if required by applicable law.002.02FUNDING PRIORITIZATION. As State General Funds are available, the Department will authorize funding of specialized services to individuals on the basis of priority criteria as set forth in the Developmental Disabilities Services Act. Services provided under the Developmental Disabilities Services Act with State General Funds are: (A) Habilitative Community Inclusion;(B) Habilitative Workshop;(C) Prevocational Service;(D) Service Coordination;(E) Supported Employment-Enclave;(F) Supported Employment-Follow Along; and(G) Supported Employment-Individual.002.03ABILITY TO PAY. Prior to entry into services and annually, the Department will assess the ability of an individual to pay all or part of the cost of services provided under this Title. This does not apply to persons receiving Medicaid Waiver services.404 Neb. Admin. Code, ch. 3, § 002
Amended effective 11/19/2022