Section 469-1-002 - DEFINITIONSThe following definitions apply:
002.01ASSISTANCE TO THE AGED, BLIND, OR DISABLED PAYMENT. The financial assistance payment portion of the Assistance to the Aged, Blind, or Disabled Program.002.02ADEQUATE NOTICE. A notice of the case action, which includes a statement of what action is intended, the reason for the intended action, and the specific regulation that supports the action, or a change in federal or state law that requires the action.002.03AGED. An individual who is age 65 or older.002.04APPLICANT. An individual who is seeking an eligibility for himself or herself through the submission of an application.002.05APPLICATION. The request for Economic Assistance benefits submitted by, or on behalf of, an individual via a Department approved format.002.06APPLICATION DATE. For new and reopened cases, the date a valid application is received, or the received date by the Department on a paper application, a phone application, or an electronic application. When adding a program to a properly signed application, this is the date that the new program is requested.002.07 APPLICATION SIGNATURE. Applications may be signed in writing, telephonic signature, or electronic signature.002.08APPLICATION SUBMISSION. Applications may be submitted in person, by mail, fax, phone, or electronic device.002.09APPROVAL OR DENIAL DATE. The date that the new or reopened case is determined eligible, or eligibility is denied, by the Department.002.10AVAILABLE RESOURCES. For the determination of eligibility, available resources include cash, or other liquid assets of any type, of real or personal property, or interest in property that the applicant or recipient owns and may convert into cash to be used for the care and support of the individuals applying.002.11 AUTHORIZED REPRESENTATIVE. A person or organization authorized by an applicant, recipient, court, of competent jurisdiction to represent the applicant or recipient in any matters.002.12BLIND. A category of eligibility for individuals who are age 64 and younger and are blind.002.13BURIAL INSURANCE. Insurance whose terms specifically indicate that the proceeds can only be used to pay the burial expenses of the insured.002.14CASH SURRENDER VALUE. The amount in which the insurer will pay the owner if the policy is cancelled before maturity of the policy or death of the insured.002.15 CATEGORICAL ASSISTANCE. Assistance administered by the Department. For the purposes of this definition, it includes the following programs: Aid to Dependent Children; Child Welfare Payment and Medical Services Program; Assistance to the Aged, Blind, or Disabled Program; State Disability Program; and Refugee Resettlement Program.002.16CONTRIBUTIONS OR CASH SUPPORT. Verified payments that are paid to or for State Disability Program recipient.002.17DEEMING. The process of determining the amount of income and resources of a parent or sponsor which must be considered available to meet the recipient's needs.002.18 DEPARTMENT. The Nebraska Department of Health and Human Services.002.19 DISABLED. A category of eligibility for individuals who are age 64 and younger and are disabled as determined by the Social Security Administration or State Review Team.002.20ELIGIBILITY DETERMINATION. An approval, denial, renewal, or termination of eligibility.002.21ELIGIBILITY OF RELEASE OF INFORMATION. Before information can be released about an applicant or recipient, the Department must obtain the applicant or recipient's written permission.002.22EQUITY. The fair market value of property minus the total amount owed on it.002.23ESSENTIAL PERSON. A spouse or other specified adult relative who is needed in the home full-time to help take care of the aged, blind, or disabled recipient. The related individual will meet the following criteria: (A) The individual lives in the home of the recipient;(B) The individual is not eligible for medical assistance under another program;(C) It has been established, via the Assistance to the Aged, Blind, or Disabled Essential Person Medically Necessary Form, that the individual's presence is medically necessary in the home, full-time, in order to assist the recipient with the recipient's needs and well-being.002.24FAIR MARKET VALUE. The price an item of a particular make, model, size, material, or condition will sell for on the open market.002.25GRANT CASE. A case receiving a state supplement payment. Either term, grant or payment, may be used to make reference to the state supplement.002.26HEARING. An administrative proceeding before the Director of Children and Family Services, or the Director's representative.002.27HOME. Any shelter which the individual owns and uses as his or her principle place of residence. The home includes any land on which the house is located and any related outbuildings necessary for the operation of the residence.002.28IN-KIND INCOME. The value of food, clothing, shelter, or other items received in lieu of wages.002.29IRREGULAR INCOME. Earned or unearned income which varies in the amount from month-to-month, or, which is received at irregular intervals.002.30LEGAL GUARDIAN. An individual appointed by a court of competent jurisdiction to be in charge of the affairs for a person who cannot effectively manage his or her own affairs due to his or her incapacity.002.31NOTICE OF ACTION. A statement sent by the Department to an applicant, recipient, or their authorized representative that includes a short, plain statement of actions taken by the Department, the factual reasons for the actions, and the references of the applicable regulatory laws that authorize the actions.002.32PARENT OR RELATIVE CAREGIVER. A relative of a dependent child by blood, adoption, or marriage with whom the child is living, who assumes primary responsibility for the child's care, and is one of the following: (A) The child's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece;(B) The spouse of such parent or relative, even after the marriage has terminated by death or divorce;(C) Another relative of the child based on blood, adoption, or marriage recognized by the State of Nebraska, or an adult with whom the child is living, and who has verified guardianship or conservatorship of the child.002.33PAYMENT. A recipient receiving a state supplement grant. Either term, payment or grant, may be used to make reference to the state supplement.002.34POWER OF ATTORNEY. A written statement allowing one person to act for another person. A Power of Attorney may be authorized generally for the management of a specified business or enterprise, or for the accomplishment of a particular transaction.002.35RECIPIENT. An individual receiving assistance.002.36RETROACTIVE PAYMENT. Any payment made during the current month for a previous month.002.37SHARE OF COST. A recipient's financial out-of-pocket obligation for State Disability Program medical services when countable income exceeds the medical maintenance income level. The share of cost amount is the difference between the recipient's countable income and the appropriate medical maintenance income level. This amount must be obligated or paid to medical providers before Medicaid will pay towards the remaining medical bills.002.38SPECIFIED LIVING ARRANGEMENT. The specified living arrangements are: (B) A long term care facility including assisted living with waiver,(C) An assisted living facility, or(D) A center for the developmentally disabled.002.39STATE DISABILITY PROGRAM. A program consisting of financial assistance and medical assistance, or medical assistance only. The term State Disability Program is used when refence is made to both the grant and medical portions of the program.002.40STATE DISABILITY PROGRAM MEDICAL. The medical assistance portion of the State Disability Program. Two types of state disability cases are included in the medical assistance only category: (A) State Disability Program medical assistance with no share of cost medical only is a case in which there is income sufficient to meet daily maintenance needs but insufficient to meet medical needs.(B) State Disability Program medical assistance with a share of cost medical only is a case in which there is sufficient income to meet daily maintenance needs and a portion, but not all the unit's medical needs. The case is opened for medical assistance with no payment for medical services made until the share of cost is obligated toward medical services that have been paid for.002.41STATE DISABILITY PROGRAM PAYMENT. The financial assistance payment portion of the State Disability Program.002.42STANDARD OF NEED. The maximum standard allowed according to eligible unit size and living arrangement.002.43THIRD PARTY MEDICAL PAYMENT. A payment from any health insurance plan, individual or group, for medical expenses.002.44TIMELY NOTICE. A notice of case action dated and mailed at least ten calendar days before the date the action becomes effective.002.44WITHDRAWAL. A voluntary written retraction of an application.469 Neb. Admin. Code, ch. 1, § 002
Amended effective 6/6/2022