Neb. Admin. Code tit. 400 — Nebraska Veterans’ Home System

Chapter 1 Definitions

Neb. Admin. Code tit. 400, ch. 1 Definitions {#sec-400-nac-1 omnilex-key=us-ne-regs-official--title-400--400 NAC 1}

Throughout this Title the following definitions shall apply:

001 Department is the Nebraska Department of Veterans’ Affairs;

002 Director is the Director of the Nebraska Department of Veterans’ Affairs;

003 Home is one of the licensed nursing home facilities operated by the Department;

004 USDVA is the United States Department of Veterans’ Affairs.

History

• Effective 2023-09-20

Chapter 2 Rules of Practice and Procedure

Neb. Admin. Code tit. 400, ch. 2 Rules of Practice and Procedure {#sec-400-nac-2 omnilex-key=us-ne-regs-official--title-400--400 NAC 2}

001 NEGOTIATED RULEMAKING This section establishes the rules and regulations to petition for negotiated rulemaking for matters under the jurisdiction of the Department.

001.01 The Department adopts and incorporates by reference the Model Rules promulgated by the Attorney General for procedures governing negotiated rulemaking found at 53 NAC 1.

002 AGENCY RULE MAKING This section establishes the rules and regulations for a person or entity to petition for rulemaking to promulgate, amend, or repeal a rule or regulation regarding matters under the jurisdiction of the Department.

002.01 The Department adopts and incorporates by reference the Model Rules promulgated by the Attorney General for procedures governing rulemaking found at 53 NAC 2.

003 AGENCY DECLARATORY ORDERS This section establishes the rules and regulations for a person to seek a declaratory order regarding a matter under the jurisdiction of the Department.

003.01 The Department adopts and incorporates by reference the Model Rules promulgated by the Attorney General for procedures governing declaratory orders found at 53 NAC 3.

004 HEARINGS IN CONTESTED CASES This section establishes the rules and regulations to petition for a hearing to enforce the legal rights, duties, or privileges of a specific party regarding certain matters under the jurisdiction of the Department.

004.01 The Department, for matters not otherwise covered by regulations governing the Department, adopts and incorporates by reference the Model Rules promulgated by the Attorney General for procedures governing hearings in contested cases found at 53 NAC 4.

004.02 This section shall not create a right of appeal or right to contest an agency action which is not specifically authorized by statute or Department regulations.

004.03 This section does not apply to appeals under this Title relating to applications for the Nebraska Veterans’ Aid Fund, or to any appeals under this Title relating to the following:

004.03A Applications for admission to a Home; 004.03B Determination of an individual’s member contribution; 004.03C Applications for readmission to a Home after voluntary discharge; or 004.03D Involuntary discharge from a Home.

History

• Effective 2023-09-20

Chapter 3 Nebraska Veterans' Aid Fund

Neb. Admin. Code tit. 400, ch. 3 Nebraska Veterans' Aid Fund {#sec-400-nac-3 omnilex-key=us-ne-regs-official--title-400--400 NAC 3}

001 DEFINITIONS The following definitions shall apply to this Chapter:

001.01 Applicant is a qualified individual who is seeking aid from the Department;

001.02 Commission is the Veterans’ Advisory Commission created by Neb. Rev. Stat. § 80-401.06.

001.03 Designee is an employee of the Department designated by the Director to receive and approve for payment or disapprove applications for aid pursuant to Neb. Rev. Stat. § 80-401.03(2).

001.04 Deputy Director is the Deputy Director of the Department.

001.05 Fund is the Nebraska Veterans’ Aid Fund created by Neb. Rev. Stat. § 80-401 from which aid is granted.

002 ELIGIBILITY

002.01 The Fund is intended as a temporary emergency fund to assist eligible veterans and their dependents in time of need when an emergency occurs and funds available from other sources such as private resources (income, savings, loans, etc.), regular funds or agencies, pension, compensation, insurance, unemployment compensation and sick benefits, etc., are not sufficient for their immediate needs.

002.01A Aid will not be granted to eligible veterans or dependents whose emergency is caused by violation of law or State of Nebraska Rules and Regulations, and as a general rule, will not be furnished to families of such veterans.

002.01B Voluntary unemployment or refusal to work by eligible veterans or dependents does not constitute an emergency.

002.02 The Fund is available to assist in paying for food, shelter, fuel, transportation, wearing apparel, family support services, medical aid, surgical aid, and in assisting with the funeral expenses of qualifying discharged veterans.

002.02A Before aid is provided, the applicant must secure an itemized estimate or provide documentation of the actual cost. A claim may not be paid if not previously authorized by the Director, Deputy Director or Designee.

002.02B Veterans should seek medical treatment from a USDVA facility whenever possible if they are unable to pay for care in a private facility. When applying for medical aid, the applicant must present itemized statements, Explanation(s) of Benefits (EOB), and a physician’s statement of physical condition and treatment.

002.02C The Fund is not intended to pay all of an applicant’s medical and hospital expenses, but it may be used to assist with other sources to help alleviate need.

002.02D The Fund does not pay maternity expenses unless there are other complications causing unexpected additional expenses.

002.03 Aid may normally be granted for a period as recommended by the Commission.

002.04 Prospective applicants should not incur liabilities in the expectation of securing a grant from the Fund.

003 APPLICATIONS FOR AID

003.01 Application for aid shall be made through the local post of any recognized veterans organization or with a county veterans service officer. The applicant shall answer all questions and furnish the information requested and sign the application in the proper place before a county veterans service officer, officer of the post, or other competent authority. Only when an applicant is absent, physically unable, incompetent or deceased should the application be filed by another member of the family, and the reason therefore should be shown in the proper space.

003.02 Applications for aid may be cancelled after thirty (30) calendar days if no response has been received from requests for submission of required documents; clarification of conflicting information; completion of unanswered questions or other information necessary to provide an appropriate decision.

003.03 Membership in a veterans organization is not necessary to apply for and receive aid from the Fund.

003.04 The applicant is notified in all cases when a decision on the application has been made. When aid has been granted, the applicant is notified when payment has been sent.

004 APPEAL OF DISALLOWED CLAIMS When a claim is disallowed by the Deputy or Designee, the applicant may request reconsideration. To request reconsideration, the applicant must send the request for reconsideration to the Director, in writing within fifteen (15) business days from the date the decision was mailed by the Department. The applicant must provide reasons why the application should be reconsidered. The Director or his or her designee will affirm, modify or reverse the decision of the Deputy Director or Designee and the applicant will be notified of the decision.

004.01 An applicant may appeal the decision made by the Director or his or her designee to disallow a claim to the Commission.

004.02 The applicant may, within fifteen (15) business days after the notice of the decision from the Director or his or her designee was mailed by the Department, file with the Chairman of the Commission a written notice of appeal setting forth facts and grounds for the appeal.

004.03 The Commission shall convene to hear the appeal of a denial for aid from the Fund.

004.03A The Chairperson of the Commission shall fix a time and place for the hearing, which shall not be later than three (3) months following the date of filing the request for appeal.

004.03B The Chairperson of the Commission may convene either an in person or virtual hearing.

004.00C The applicant may appear in person at the hearing and/or be represented by legal counsel.

004.03D The applicant shall be granted the opportunity to present either oral or written testimony in support of the claim, whether or not same testimony has previously been submitted.

004.03E The Director, or his designee or legal counsel, shall have the right to rebut or explain any testimony which might be submitted.

004.00F The Commission shall have the power to grant a continuance of the hearing to afford either the applicant or the Director, his or her designee, or legal counsel, the opportunity to present additional evidence.

004.04 Following the hearing, the Commission shall make its findings, and may affirm, modify or reverse the decision of the Director or his or her designee.

004.04A The findings and decision of the Commission shall be final and will be reported by the Commission to the Director and the applicant.

004.04B The Director will comply with the decision of the Commission within ten (10) business days after receipt of its findings and decision.

History

• Effective 2023-09-20

Chapter 4 Waiver of Tuition

Neb. Admin. Code tit. 400, ch. 4 Waiver of Tuition {#sec-400-nac-4 omnilex-key=us-ne-regs-official--title-400--400 NAC 4}

001 Applications must be submitted in a timely manner for proper checking and certification. Applications for waiver of tuition for a school term which has concluded will be processed only to verify with a school that the applicant would have been eligible if the application had been submitted prior to or during the school term.

002 All applications must be accompanied by proof of honorable service, or discharge under honorable conditions, of the veteran upon whose record the application is based.

003 The Department will obtain certification from the USDVA as to the eligibility of an applicant under Neb. Rev. Stat. § 80-411(2)(b). The Director will determine whether the applicant is eligible for the waiver, and if so, will forward the application to the state supported school chosen by the applicant, certifying the applicant’s eligibility.

004 Simultaneous waivers are allowed, provided the primary/initial institution acknowledges, in writing, that the credits earned at the secondary/alternative institution will transfer to the degree program of the primary institution. Each application for waiver shall be submitted to the Department on a separate application. The secondary waiver shall only be effective for the term being applied for.

History

• Effective 2023-09-20

Chapter 5 Veteran Cemetery Division

Neb. Admin. Code tit. 400, ch. 5 Veteran Cemetery Division {#sec-400-nac-5 omnilex-key=us-ne-regs-official--title-400--400 NAC 5}

001 The State Veteran Cemetery(ies) operated by the Department follow: (a) the GI Bill Improvement Act of 1977, Pub. L. No. 95-202 § 401, 91 Stat 1433, 1449-1450 (1977), (b) National Cemetery Administration Directive 3210/1 (rev. June 8, 2020), (c) 38 CFR § 3.7(x) (2011) and (d) 38 USC §§ 2402(a) and 2408 (2022) for eligibility for interment, the provision of memorial markers and all other aspects of memorialization and interment. These regulations are attached hereto and incorporated herein by reference as “Attachment A.”

002 The State Veteran Cemetery(ies) operated by the Department adopts the National Cemetery Administration’s National Shrine Commitment Operational Standards and Measures, Version 4.0, (rev. October 2009) as guidelines for general appearance of the cemetery and maintenance of the associated grounds and buildings. These standards are available for inspection from the Department upon request.

History

• Effective 2023-09-20

Chapter 6 Nebraska State Veterans' Homes

Neb. Admin. Code tit. 400, ch. 6 Nebraska State Veterans' Homes {#sec-400-nac-6 omnilex-key=us-ne-regs-official--title-400--400 NAC 6}

001 DEFINITIONS Throughout this Chapter, the following definitions apply:

001.01 Administrator is a person duly appointed to manage a Home, who holds a license to serve as a full-time nursing home administrator in the State of Nebraska.

001.02 Applicant is a veteran or other qualified individual who is seeking admission to the Home.

001.03 Asset is all real property and personal property, both tangible and intangible, owned by the applicant or member and his or her spouse.

001.04 Board is the Veterans’ Homes Board.

001.05 Business Office is a division in the Home responsible for members’ finances.

001.06 Dependent child is a child of the applicant or member who lives with the applicant, or resides in the member’s former residence, and is (a) less than 19 years of age, or (b) less than 24 years of age and is a full-time student pursuing an accredited course of secondary or post-secondary education. Dependent includes court-ordered dependent(s).

001.07 Income means gain or recurrent benefit received in money or in-kind from any source including, but not limited to:

001.07A Alimony and support payments; 001.07B Distribution from a pension, individual retirement account, annuity, trust, or structured settlement; 001.07C Dividends; 001.07D Farm Income; 001.07E Grants; 001.07F Insurance, including but not limited to, nursing home insurance; 001.07G Interest; 001.07H Land contract income; 001.07I Military retirement income, disability benefits and/or service benefits; 001.07J Railroad retirement benefits; 001.07K Rental property and lease income; 001.07L Reportable gambling winnings; 001.07M Royalties; 001.07N Social Security benefits; 001.07O Spouse employment income; 001.07P Unemployment compensation; 001.07Q USDVA compensation, non-service connected disability and/or pension; 001.07R Wages, including severance payments; and/or 001.07S Workers’ Compensation benefits.

001.08 Legal representative is an applicant’s or member’s attorney, attorney-in-fact, court ordered guardian or conservator, trustee, or such other person legally designated or appointed to represent the applicant or member.

001.09 Member is a person residing in a Home.

001.10 Secretary is the Director in his or her capacity as Secretary to the Veterans’ Homes Board.

001.11 Transfer or assignment of real property is the transfer or assignment to another person or entity of an interest in real property of an applicant, applicant’s spouse or applicant’s dependent child(ren) for less than the county-assessed value, or of personal property of an applicant, applicant’s spouse or applicant’s dependent child(ren) with a fair market value exceeding $5,000 for less than fair market value, within five (5) years before the applicant’s first application for admission to a Home, or thereafter.

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.

003 MEMBER CONTRIBUTIONS

003.01 The Board will determine the Veterans’ Home’s maximum member contribution. The maximum member contribution is the standard monthly rate to defray the cost of a member’s care, support, and treatment in a Home as determined by the Board considering factors the Department and the Board deem relevant.

003.02 Any change in the maximum member contribution will be posted in places in the Homes accessible to members at least thirty (30) days before the effective date of a rate change. If a member or his or her legal representative has provided the Home’s Administrator a written designation of the name and address of a person to receive notice on behalf of the member, the Administrator or his or her designee will mail notice of the change in the maximum member contribution to the designated person at least thirty (30) days prior to the effective date of the change.

003.03 Member contributions are due and payable in advance of each month, on or before the last business day of the preceding month and are delinquent if not paid when due.

003.04 If a member’s monthly member contribution has not been paid in full within sixty (60) days of the due date, the Department may refer the member’s account for collection and the member may be discharged.

003.05 A member’s monthly member contribution is based on his or her income and assets and applicable allowances as prescribed by the Board. Each member is liable for:

003.05A The maximum member contribution if his or her assets, after allowances established by the Board, equal or exceed in value the maximum asset level set by the Board; or

003.05B The amount by which the member’s income exceeds allowances established by the Board if the total value of a member’s assets, after allowances established by the Board, is less than the maximum asset level set by the Board.

003.06 A member who is successful in restorative and rehabilitation efforts who wishes to discharge to a less restrictive setting, such as independent living, will be allowed to be employed outside the Home for up to four (4) complete months without that income being counted toward the member contribution. The income from this employment will be escrowed to assist the member in his or her transition to independent living.

003.07 A monthly deduction may not be given for a spouse or dependent in a private or public facility when payment for his or her care is from public funding.

003.08 A member’s individual member contribution will be reviewed and recalculated annually and may be recalculated in between annual recalculation in the event of a change in assets or income.

003.08A If an asset increase causes the member’s assets, after allowances established by the Board, to equal or exceed in value the maximum asset level set by the Board, the member will be charged the maximum member contribution for each month that the maximum asset level is equaled or exceeded at any time during that month. If not effective sooner due to a determination that the increased member contribution should be effective retroactively, the effective date of a recalculation due to an income increase will be the first day of the month immediately following the month in which the increase in income occurs, and the effective date of a recalculation due to an asset increase will be the first day of the month immediately following acquisition of the asset.

003.09 A change in the financial circumstances of the member or his or her spouse, including but not limited to inheritance, back pay award, federal benefits or other assets, will be reported to the Business Office by the member, his or her spouse, other relative, legal representative or other fiduciary within ten (10) days of the occurrence of the change or receipt of notice of the change, whichever is earlier.

003.09A A member will apply for all state, federal, or private monetary benefits that would increase the member’s overall income and assets. Any increase as a result will be applied to the member contribution. If there is a failure to apply for all such benefits, the member may be discharged.

003.10 The member contribution for a member absent from the Home for any reason other than hospitalization will not be decreased or otherwise affected unless the member requested discharge prior to leaving the Home, and completely vacated the Home consistent with his or her discharge request. The discharged member’s application for readmission is subject to Chapter 6, Section 002 of this Title.

003.11 Any member who is dissatisfied with the member contribution he or she is paying may, at any time, request a review of the member’s monthly member contribution by making a request in writing to the Business Office detailing the member’s dissatisfaction with his or her member contribution and reasons supporting it.

003.11A If the member is not satisfied with the resolution provided by the Business Office of the review, the member may ask that the Secretary or his or her designee review the decision of the Business Office by making a request in writing to the Secretary.

004 DISCHARGE

004.01 If a member voluntarily discharges without good cause on two or more occasions, his or her application for readmission to a Home will be denied for one year unless there are extenuating circumstances, subject to the approval of the Board. Good cause and extenuating circumstances are determined by the Board.

004.02 A member may be involuntarily discharged if deemed a danger to self or any other person or for other cause including, but not limited to, commission of any of the following acts by a member or the member’s spouse, legal representative or other fiduciary:

004.02A Submission of an application for admission which is inaccurate or incomplete;

004.02B Failure to pay the member’s member contribution within sixty (60) days of the due date;

004.02C Transfer or assignment of an interest in real property;

004.02D Deprivation of any income or asset of an applicant or member or his or her spouse or dependent child(ren) which, absent such deprivation, would be considered in determining the member contribution or which adversely affects payment of the member contribution;

004.02E Transfer, either before or after admission, of income of a member or his or her spouse or dependent child(ren) or any asset into a trust and failure of the trustee to timely disburse amounts from the trust sufficient to assure that the member’s contribution does not become delinquent;

004.02F Consent to a divorce decree which deprives the member of any income or asset which would, absent such decree, have been considered in determining the member’s contribution;

004.02G Failure to report an asset and/or income increase within thirty (30) days;

004.02H Failure to report an inheritance, legacy, back pay award, federal benefit or other change in assets which are available or deemed available to the member or his or her spouse or dependent child(ren) within thirty (30) days;

004.02I Failure to apply for all monetary benefits for which a member may qualify which would increase the member’s assets and income and result in an increase in his or her monthly member contribution;

004.02J Failure to furnish written consent to release medical or financial information within five (5) business days upon request; and/or

004.02K Failure to comply with Department or Board policies for applicants or members.

004.03 The Administrator will notify the member and/or member’s legal representative, within thirty (30) days of discovery of a situation that may require discharge except in emergency situations. In non-emergency situations, the member and/or his or her legal representative have sixty (60) days after receipt of the notice to correct the situation as required. No notice is required for discharge due to an emergency.

004.04 The discharge notice in a non-emergency situation will be in writing and state the grounds for discharge. A copy of such notice will be sent to the Secretary. All involuntary discharge notices will be submitted to the Board for final determination. Involuntary discharge may occur in emergent situations pending the Board final determination.

004.04A A member involuntarily discharged for cause may not reapply for six (6) months after discharge. When a member is involuntarily discharged based on medical reasons, the discharged member or his or her legal representative may reapply for admission upon written certification by two (2) physicians that any medical basis for the discharge no longer exists.

005 REQUESTS FOR BOARD DETERMINATION

005.01 Involuntary discharge determinations will be considered at meetings of the Board.

005.02 The member or member’s legal representative may attend the meeting of the Board and may submit supporting documentation to the Secretary prior to the Board’s meeting. All correspondence with the Board will be sent, properly addressed, to the Secretary. The Board may allow any person to participate telephonically including witnesses providing testimony.

005.03 The Secretary will send a copy of the dated, written determination of the Board, to the Department representative and to the member or his or her legal representative.

History

• Effective 2023-09-20