480 Neb. Admin. Code, ch. 2, § 006

Current through September 17, 2024

Section 480-2-006 - APPEALING DECISIONS OR ACTIONS

The Department provides opportunities for fair hearings as defined in 42 Code of Federal Regulations (CFR) 431, Subpart E, to participants or their legal representatives who are not given the choice of Medicaid Home and Community-Based Services (HCBS) as an alternative to nursing facility services or who are denied the services of their choice. Refer to 465 NAC 2-000 and 6-000, and title 477 NAC 3-000, 9-000, and 10-000.

006.01.RIGHT TO APPEAL. Medicaid Waiver participants or their guardians have the right to appeal the following decisions or actions:

(A) Refusal to accept a request for Waiver assessment;

(B) Failure to act upon a request within the mandated time period;

(C) Failure to offer the choice between Medicaid Aged and Disabled Waiver services and nursing facility services;

(D) Denial, termination, or reduction of services; and

(E) Termination of the Medicaid Waiver case.

480 Neb. Admin. Code, ch. 2, § 006

Adopted effective 10/3/2021