400 Neb. Admin. Code, ch. 6, § 002

Current through June 17, 2024
Section 400-6-002 - APPLICATION AND ADMISSION
002.01 Applications for admission will be submitted on forms developed by the Department.
002.02 Eligible applicants will be admitted in the order completed applications are received for the type of care they need, with veterans given preference over non-veterans.
002.03 BOARD AUTHORITY
002.03A The decision to approve or deny an application for admission to the Home is made by the Board.
002.03B The Chairperson of the Board shall have the authority with the approval of the Secretary to waive a guideline or policy established by the Board for the purposes of expediting the admission of a member or for safeguarding the health, safety, or welfare of a potential or current member of the Home. All such actions of the Chairperson shall be reviewed and voted on by the Board at its next meeting. In the absence of the Chairperson, the Vice-Chair shall have the same authority.
002.04 INTERIM ADMISSION Subject to approval by the Board at its next meeting, persons qualifying for admission to a Home may be admitted on an interim basis before the Board meets and approves the application, provided the applicant meets all other eligibility requirements and no applicant on the waiting list has a higher priority.
002.05 DENIAL
002.05A An application for admission may be denied by the Board for any reason to include, but not be limited to the following:
(1) Submission of an application for admission which is inaccurate or incomplete;
(2) The applicant has been convicted of a felony;
(3) The applicant is listed as a High Risk/Level 3 sex offender on the Nebraska State Patrol Sex Offender Registry;
(4) Transfer or assignment of real property;
(5) Deprivation of any income or asset of an applicant or member or his or her spouse which, absent such deprivation, would be considered in determining the member contribution or which adversely affects payment of the member contribution;
(6) Transfer of income or of any asset of a member or his or her spouse into a trust and failure of the trustee to timely disburse amounts from the trust sufficient to assure that the member contribution does not become delinquent;
(7) Consent to a divorce decree which deprives the applicant or member of any income or assets which would, absent such decree, have been considered in determining the member contribution;
(8) Failure to furnish either medical or financial information or to provide written consent to release of both medical and financial information; and/or
(9) The Home is unable to meet the needs of an applicant.
002.05B If the Board denies an application, the Secretary will notify the applicant, the county veterans service officer of the county in which the application originated, and the Department in writing within ten (10) business days of the decision. The notice will state the reason(s) for the denial.
002.05C The decision of the Board to deny an application is final.
002.06 WRITTEN CONSENTS Written consents for release of medical and/or financial information to enable a Home to obtain current information regarding the member and/or member's spouse will be furnished to the Home by the member, member's spouse, and/or member's legal representative upon admission and at any time upon request by the Home.
002.07 DEDUCTION FOR MEMBER'S SPOUSE AND/OR DEPENDENT CHILD(REN) A member's spouse will provide the Home and the Secretary with a signed Financial Statement including a list of all assets and a listing of income and expenses allowed by the Board.

400 Neb. Admin. Code, ch. 6, § 002

Adopted effective 9/20/2023