Neb. Admin. Code tit. 183 — Financial Assistance

Chapter 1 Rural Health Systems and Professional Incentive Act

Neb. Admin. Code tit. 183, ch. 1 Rural Health Systems and Professional Incentive Act {#sec-183-nac-1 omnilex-key=us-ne-regs-official--title-183--183 NAC 1}

001. SCOPE AND AUTHORITY . These regulations govern the procedure for making awards under Nebraska Revised Statutes (Neb. Rev. Stats.) §§71-5650 to 71-5670 of the Rural Health Systems and Professional Incentive Act.

002. DEFINITIONS . Definitions set out in the Rural Health Systems and Professional Incentive Act and the following apply to this chapter.

002.01 FISCAL YEAR. Fiscal year means July 1 through June 30.

002.02 NEBRASKA RESIDENT. Nebraska Resident is defined by Neb. Rev. Stat. § 85-502 and the rules and regulations of the educational institution, which under Neb. Rev. Stat. § 85-501 determines resident status at the time of registration.

002.03 PART-TIME MASTER’S-LEVEL MENTAL HEALTH STUDENT. Part-time master’s-level mental health student means a student who will complete a minimum of 12 but fewer than 18 credit hours per fiscal year.

003. ELIGIBILITY REQUIREMENTS . All applicants to participate in a program under the Rural Health and Systems and Professional Incentive Act must submit a complete Department approved application, meet the requirements of Neb. Rev. Stats. §§ 4-108 to 4-114, the statutory requirements of the Rural Health Systems and Professional Incentive Act, and the requirements of this chapter.

003.01 LOAN REPAYMENT PROGRAM. An applicant for participation in the loan repayment program must have a local entity that provides matching funds for the loan repayment and that must provide the Department with verification of the applicant’s practice during the required practice obligation.

003.02 STUDENT LOAN PROGRAM. An applicant for participation in the student loan program must be a Nebraska resident and be enrolled as a full-time student during the fiscal year for which the loan may be granted. An applicant may be enrolled as a part-time master’s level mental health student during the fiscal year for which the loan may be granted.

004. STUDENT LOAN PROGRAM REQUIREMENTS . An individual receiving a student loan must successfully complete sufficient credit hours at the educational institution to be considered a full-time student during the fiscal year for which the loan was granted, and a part-time master’s level mental health student must successfully complete a minimum of 12 credit hours during the fiscal year for which the loan was granted. Doctorate-level students will not be awarded more than four loans through the program, and master’s-level students will not be awarded more than two loans through the program.

History

• Effective 2020-05-12

Chapter 2 Cancer and Smoking Disease Research Program

Neb. Admin. Code tit. 183, ch. 2 Cancer and Smoking Disease Research Program {#sec-183-nac-2 omnilex-key=us-ne-regs-official--title-183--183 NAC 2}

001. SCOPE . These regulations govern grants and contracts for cancer and smoking disease research established by Neb. Rev. Stats. §§ 81-637 through 81-640.

002. DEFINITIONS . For the purposes of these regulations, definitions in Neb. Rev. Stats. §§ 81-637 through 81-640 and the following definitions apply:

002.01 ONE-CENT CONTRACTS AND GRANTS. One-cent contracts and grants means contracts and grants awarded by the Department pursuant to Neb. Rev. Stat. § 81-638(1).

002.02 PRINCIPAL INVESTIGATOR. Principal investigator means the person who directs a research project or program and is responsible for the management of the research.

002.03 TWO-CENT CONTRACTS AND GRANTS. Two-cent contracts and grants means contracts and grants awarded by the Department pursuant to Neb. Rev. Stat. § 81-638(2).

003. ONE-CENT APPLICATION PROCESS . Eligible institutions are notified by the Department of a competitive application period during which applications will be accepted.

003.01 APPLICATION FORM. An applicant must complete and submit a Department approved application with all required information for funding consideration.

004. ONE-CENT USE OF FUNDS . Eligible cancer and smoking disease research projects consist of the following investigations, studies, or experiments:

(1) Laboratory;

(2) Clinical;

(3) Population;

(4) Behavioral;

(5) Epidemiological;

(6) Field;

(7) Statistical;

(8) Basic; or

(9) Applied.

004.01 GENERAL. Any funds awarded must be expended solely for the work outlined in the approved research project and cannot be transferred to a non-cancer or non-smoking disease research related area at the eligible applicant institution.

005. ONE-CENT RATE OF FUNDING . The awarding of funds is contingent upon the appropriation of funding by the Nebraska Legislature.

006. ONE-CENT UNREVIEWED APPLICATIONS . Applications not meeting the criteria described in these regulations, the statutes, and in the Department approved application will be returned without review.

007. ONE-CENT ADDITIONAL INFORMATION . The Department may request additional information prior to awarding funding. Failure to submit the required additional information in the time specified by the Department may result in the application not being funded.

008. ONE-CENT NOTIFICATION OF FUNDING . Award notification will be sent in writing or electronically to the principal investigator and the eligible applicant institution.

008.01 FINAL DECISION. Award decisions are final.

009. TWO-CENT PROPOSAL PROCESS . Eligible applicant institutions are notified by the Department of the proposal acceptance period. Applicant institutions must submit a proposal with all required information for funding consideration.

010. TWO-CENT USE OF FUNDS . The following types of work are eligible for funding:

(1) Resources and services.

(2) Planning and evaluation.

(3) Development.

010.01 RESOURCES AND SERVICES. Resources and services include core facilities that are centralized and shared, such as:

(A) Centralized equipment facilities, biostatistical services, specialized instrument shops, and laboratories.

(B) General and specialized animal colonies.

(C) Radiation, histology, pathology, and tumor procurement services.

(D) Electron microscope facilities, protein sequencing, and database modeling.

(E) Flow cytometry and cell analysis facilities.

(F) Clinical cancer research data services.

(G) Biosafety services.

010.02 PLANNING AND EVALUATION. Planning and evaluation includes, but is not limited to:

(A) Identifying research opportunities;

(B) Advisory committee meetings;

(C) Institutional peer review;

(D) Evaluating the effectiveness of efforts; and

(E) The coordination of research efforts.

010.03 DEVELOPMENT. Development includes, but is not limited to:

(A) Recruitment of cancer and smoking disease research investigators;

(B) Providing support to cancer and smoking disease investigators who have temporarily lost their peer-reviewed funding from other sources; and

(C) Supporting cancer and smoking disease research projects of no more than six years in duration.

010.03(A) RESEARCH PROJECTS. Research projects consist of the following investigations, studies, or experiments:

(i) Laboratory;

(ii) Clinical;

(iii) Population;

(iv) Behavioral;

(v) Epidemiological;

(vi) Field;

(vii) Statistical;

(viii) Basic; or

(ix) Applied.

010.04 GENERAL. Any funds awarded must be expended solely for the work outlined in the award and cannot be transferred to a non-cancer or non-smoking disease research related area at the eligible institution.

011. TWO-CENT RATE OF FUNDING . The awarding of funds is contingent upon the appropriation of adequate funding by the Nebraska Legislature.

012. TWO-CENT UNREVIEWED PROPOSALS . Proposals not meeting the criteria described in these regulations and the statutes will be returned. Such return does not preclude resubmission of a proposal.

013. TWO-CENT ADDITIONAL INFORMATION . The Department may request additional information or materials to complete the review. Failure to submit the required additional information in the time specified by the Department may result in the proposal not being funded.

014. TWO-CENT NOTIFICATION OF FUNDING . Award notification will be sent in writing or electronically to the eligible applicant institution.

014.01 FINAL DECISION. Award decisions are final.

History

• Effective 2019-06-24

Chapter 5 Nursing Student Loan Program

Neb. Admin. Code tit. 183, ch. 5 Nursing Student Loan Program {#sec-183-nac-5 omnilex-key=us-ne-regs-official--title-183--183 NAC 5}

001. SCOPE AND AUTHORITY . These regulations govern the Nursing Student Loan Program. This chapter is authorized by and implements the Nursing Student Loan Act, Nebraska Revised Statute (Neb. Rev. Stat.) §§ 71-17,101 to 71-17,107.

002. DEFINITIONS . The following definitions apply to this chapter.

002.01 DISCONTINUATION OF THE PRACTICE OF NURSING. A loan recipient who has not been engaged in full-time practice for more than 90 consecutive days.

002.02 ENROLLMENT. The enrollment of nursing students in an approved school of nursing as reported to the Nebraska Board of Nursing in its most recent annual report.

002.03 FULL-TIME PRACTICE. The amount of time a loan recipient must be engaged in the practice of nursing. A minimum of 36 hours per week equals full-time practice.

002.04 ONE YEAR OF PRACTICE. The accumulation of 1,872 hours of nursing practice in Nebraska.

002.05 RESIDENCY IN THE STATE OF NEBRASKA. The definition found in Neb. Rev. Stat. § 85-502.

003. FORMULA FOR PROPORTIONING LOANS TO PROGRAMS . The Department will award at least 1 loan to every approved nursing program, provided there is at least 1 student enrolled in the program and the program charges the student a fee to attend the program. The remainder of the loans available in a given year is proportioned to the approved nursing programs by dividing the enrollment for each approved program by the total enrollment for all approved nursing programs. Each resulting percentage is applied to the total number of loans available to produce the number of loans awarded to each approved nursing program.

004. LOAN QUALIFICATION CRITERIA . To be considered for receipt of a loan under the Act, a student must meet the requirements of Neb. Rev. Stat. § 71-17,104(1). Each approved nursing program must develop a rating tool for selecting students to be recommended by the program to receive loans. Upon request, the program must submit the rating tool to the Department. The rating tool must include the student qualifications in Neb. Rev. Stat. § 71-17,104(1). Each approved nursing program is an agent of the Department for the distribution of the loans to qualified students.

005. ISSUANCE OF LOANS . Each approved nursing program must submit to the Department within 30 days of the date of notification of loan monies:

(A) A list of students recommended to receive a $1,000 loan from the Department for the current academic year; and

(B) Loan agreements, as provided by the Department, signed by each student on the list. Terms of the agreement must include:

(i) Agreement to engage in the practice of nursing in the State of Nebraska for the equivalent of 1 year of full-time practice for each year a loan is received;

(ii) Provisions specifying the conditions under which the loan must be repaid and the timeframe for repayment;

(iii) Provisions for reporting practice status to the Department; and

(iv) Attestation that the student has not previously received a loan under the Act or if a loan was received, the total amount previously received.

006. USE OF LOAN FUNDS . Loan funds must be used in the current academic year. The inappropriate use of loan funds places the loan in repayment status as set forth in 183 Nebraska Administrative Code (NAC) 5-008.01.

007. PROVISIONS FOR LOAN FORGIVENESS . The specific provisions for allowing loan forgiveness include:

(A) A $1,000 loan issued under the Act is forgiven upon verification that the recipient has engaged in nursing practice in Nebraska for a total of 1,872 hours (one year). There is no loan forgiveness for partial years of practice. For recipients of 2 $1,000 loans, the second $1,000 is forgiven upon verification of an additional 1,872 hours of nursing practice in Nebraska.

(B) Verification of total hours of practice by the employer or other qualified persons serves as the basis for determining that a recipient has met the requirement for loan forgiveness.

(C) Confirmation of loan forgiveness is mailed to the recipient at his or her current address of record.

008. CONDITIONS REQUIRING REPAYMENT OF LOAN . The specific provisions for repayment of loans include inappropriate use of loan funds, discontinued enrollment, and discontinued full-time employment in nursing.

008.01 INAPPROPRIATE USE OF LOAN FUNDS. If the nursing program or Department determines that a recipient has inappropriately used loan funds based on Neb. Rev. Stat. § 71-17,105 and 183 NAC 5-006, the recipient must:

(A) Repay 100% of the outstanding loan principal with simple interest at a rate 1 point below the prime interest rate. Interest accrues beginning on the date the inappropriate use of funds first occurred;

(B) Commence repayment within 6 months after the date the inappropriate use first occurred; and

(C) Complete repayment within the number of years for which loans were awarded.

008.02 DISCONTINUED ENROLLMENT. Loan recipients must remain enrolled in the nursing program or repay the loan according to the terms in Neb. Rev. Stat. § 71-17,105(3).

008.02(A) VERIFICATION OF ENROLLMENT. To verify continued enrollment, the Department sends to each approved nursing program a quarterly request for verification of student status for each loan recipient. The program must respond to the request by verifying that each student:

(i) Remains currently enrolled;

(ii) Has completed the program and the date of completion; or

(iii) Has discontinued enrollment and the date of discontinuance.

008.03 DISCONTINUED FULL-TIME NURSING PRACTICE. The loan recipient must engage in full-time nursing practice for 1 year or the equivalent for each year a loan was received, or repay the loan according to 183 NAC 5-008.03C.

008.03(A) VERIFICATION OF INITIAL PRACTICE. Upon initial engagement in nursing practice, the loan recipient must submit to the Department written verification signed by the employer or other qualified persons indicating the place of practice and that the recipient is engaged in full-time nursing practice in Nebraska. The recipient may have more than 1 employer or practice arrangement, but must engage in nursing practice a total of at least 36 hours per week. Verification of practice must be repeated each time the recipient changes or adds an employer or practice arrangement.

008.03(B) VERFICATION OF CONTINUED PRACTICE. The Department sends to each loan recipient a quarterly request for verification of practice status. The verification must be signed by the recipient’s employer or other qualified persons and must indicate:

(i) That the recipient continues to be engaged in full-time nursing practice in Nebraska; and

(ii) The total number of hours of practice in the previous quarter; or

(iii) That the recipient has left practice and the last date of practice.

008.03(C) REPAYMENT TERMS. If the recipient discontinues full-time nursing practice in Nebraska, the recipient must:

(i) Repay 125% of the outstanding loan principal with simple interest at a rate 1 point below the prime interest rate. Interest accrues beginning upon completion of the nursing program;

(ii) Commence repayment within 6 months after the discontinuation of nursing practice; and

(iii) Complete repayment within the number of years for which loan(s) were awarded.

(iv) Once the recipient enters the repayment period, the loan is no longer eligible for forgiveness.

008.03(D) APPROVED LEAVE. Leave approved by an employer, such as sick leave, maternity leave, vacation leave, leave for military service, jury duty, or family medical leave, regardless of whether the leave is paid or unpaid, does not place the loan in repayment status. Time accrued during approved leave does not count toward the total number of practice hours required for loan forgiveness.

008.03(E) DEFERRMENT FOR ADVANCED STUDY. If a recipient discontinues full-time nursing practice and enrolls in an approved nursing program to pursue an additional degree in nursing, the practice requirement is deferred until the recipient completes the additional degree or discontinues enrollment. Enrollment is verified quarterly as provided in 183 NAC 5-008.02(A). The number of practice hours completed prior to enrollment is retained on file by the Department for the purposes of loan forgiveness at the time the recipient returns to full-time nursing practice.

009. DEFAULT ON LOAN REPAYMENT – GROUNDS FOR DISCIPLINE OF LOAN RECIPIENT’S NURSING LICENSE . Failure to meet the repayment provisions for a loan received under the Act constitutes unprofessional conduct and is grounds for discipline of the recipient’s nursing license under Neb. Rev. Stat. § 38-179(15).

History

• Effective 2020-10-04

Chapter 6 Nursing Faculty Student Loan Program

Neb. Admin. Code tit. 183, ch. 6 Nursing Faculty Student Loan Program {#sec-183-nac-6 omnilex-key=us-ne-regs-official--title-183--183 NAC 6}

001. SCOPE AND AUTHORITY . These regulations govern the Nursing Faculty Student Loan Program. This chapter is authorized by and implements the Nursing Faculty Student Loan Act, Nebraska Revised Statute (Neb. Rev. Stat.) §§ 71-17,108 to 71-17,116.

002. DEFINITIONS . The following definitions apply to this chapter.

002.01 DISCONTINUATION OF FULL-TIME NURSING INSTRUCTION. A time frame of more than 90 consecutive days have passed since the recipient has been engaged in full-time nursing instruction.

002.02 EDUCATIONAL EXPENSES. Expenses such as tuition, fees, and books related to an educational program.

002.03 ENROLLMENT. The enrollment of nursing students in an approved school of nursing as reported to the Nebraska Board of Nursing in the most recent annual report.

002.04 FULL-TIME NURSING INSTRUCTION. The amount of time a loan recipient must be engaged in nursing instruction full-time as defined by the employing institution or institutions.

002.05 NURSING INSTRUCTION. Employment by a Nebraska nursing education program that includes responsibility for 1 or more of the following: administration, curriculum, instruction, guidance and research.

003. DISTRIBUTION OF LOANS TO QUALIFIED STUDENTS . The Department will annually award loans to qualified students as recommended by a nursing education program, based on availability of loan funds. When sufficient loan funds are available, the number of loans awarded to students in each accredited masters or doctoral nursing program will be distributed based on total graduate program enrollment expressed in full-time equivalencies.

003.01 LOAN QUALIFICATION CRITERIA. Each accredited masters or doctoral nursing program must develop criteria for selecting students to be recommended by the program to receive loans. Upon request, the program must submit the criteria to the Department. The criteria must include student qualifications. Each accredited masters or doctoral nursing program must select students using the program criteria and recommend those students to the Department.

004. ISSUANCE OF LOANS . The Department will notify all accredited masters and doctoral nursing programs in Nebraska of the number of loans to be awarded to each program and the date by which the program’s recommendations for loan awards must be submitted to the Department. Each accredited masters and doctoral nursing program must submit to the Department within 30 days of the date of notification:

(A) A list of students recommended to receive a $5,000 loan from the Department for the current academic year. The number of students to be included on the list will be included in the notification from the Department;

(B) Verification of the academic 1-year period for which the loan is to be awarded; and

(C) Loan agreements, as provided by the Department, signed by each student on the list. Terms of the agreement must include:

(i) Agreement to engage in full-time nursing instruction in an approved nursing program for 2 years for each year a loan is received;

(ii) Provisions specifying the conditions under which the loan must be repaid and the time frame for repayment;

(iii) Provisions for reporting employment in nursing instruction to the Department; and

(iv) Attestation that the student has not previously received a loan under this chapter or if a loan was received, the total amount previously received.

005. LOAN FORGIVENESS . Provisions for allowing loan forgiveness include 2 years of instruction.

005.01 2 YEARS OF INSTRUCTION. A $5,000 loan issued under this chapter is forgiven upon verification that the recipient has engaged in full-time nursing instruction in an approved nursing program in Nebraska for 2 academic years. There is no loan forgiveness for partial years of instruction. For recipients of a second $5,000 loan, the second $5,000 is forgiven upon verification of an additional 2 academic years of full-time nursing instruction. For recipients of a third $5,000 loan, the third $5,000 is forgiven upon verification of 2 more academic years of full-time nursing for a total of 6 academic years of full-time nursing instruction.

005.02 VERIFICATION OF INSTRUCTION. Verification of full-time instruction by the employer or other qualified person serves as the basis for determining that a recipient has met the requirement for loan forgiveness.

005.03 CONFIRMATION OF LOAN FORGIVENESS. Confirmation of loan forgiveness will be mailed to the recipient at his or her current address of record.

006. REPAYMENT OF LOAN . Provisions for repayment of loans are found in Neb. Rev. Stat. § 71-17,111 and this chapter.

006.01 INAPPROPRIATE USE OF LOAN FUNDS. If the nursing program or Department determines that a recipient has inappropriately used loan funds based on Neb. Rev. Stat. § 71-17,111, the recipient must:

(A) Repay 100% of the outstanding loan principal with simple interest at a rate 1 point below the prime interest rate. Interest accrues beginning on the date the inappropriate use of funds first occurred;

(B) Commence repayment within 6 months after the date the inappropriate use first occurred; and

(C) Complete repayment within the number of years for which loan or loans were awarded.

006.02 VERIFICATION OF ENROLLMENT. To verify continued enrollment, an accredited masters or doctoral nursing program must respond to a request from the Department to verify student status for each loan recipient by verifying that each student:

(A) Remains currently enrolled;

(B) Has completed the program and the date of completion; or

(C) Has discontinued enrollment and the date of discontinuance.

006.03 VERIFICATION OF NURSING INSTRUCTION. Upon engagement in nursing instruction following graduation from the program for which the loan was awarded, the loan recipient must submit to the Department written verification signed by the employer or other qualified persons indicating the institution of instruction and that the recipient is engaged in full-time nursing instruction in Nebraska. The recipient may have more than 1 employer or instruction arrangement, but must engage in nursing instruction for the equivalent of full-time instruction. Verification of instruction must be repeated each time the recipient changes or adds an employer or instruction arrangement.

006.04 VERIFICATION OF CONTINUED INSTRUCTION. Each loan recipient must submit to the Department a semi-annual verification of instruction status. The verification must be signed by the recipient’s employer or employers or other qualified persons and must indicate:

(A) That the recipient continues to be engaged in full-time nursing instruction in Nebraska; and

(B) That the recipient was engaged in full-time nursing instruction during the previous 6-month period; or

(C) That the recipient has left instruction and the last date of instruction.

006.05 APPROVED LEAVE. Leave approved by an employer, such as sick leave, maternity leave, vacation leave, leave for military service, jury duty, or family medical leave, regardless of whether the leave is paid or unpaid, does not place the loan in repayment status. If the employer verifies that the loan recipient was on approved leave during all or a portion of an academic semester, that semester will not count toward instruction time required for loan forgiveness.

006.06 DEFERMENT FOR ADVANCED STUDY. Following graduation from the program for which a loan was received, if a recipient discontinues full-time nursing instruction and enrolls in advanced study to pursue an additional degree in nursing, the instruction requirement is deferred until the recipient completes the additional degree or discontinues enrollment. The period of instruction completed prior to enrollment for advanced study will be retained on file by the Department for the purposes of loan forgiveness at the time the recipient returns to full-time nursing instruction.

007. DEFAULT ON LOAN REPAYMENT – GROUNDS FOR DISCIPLINE OF LOAN RECIPIENT’S NURSING LICENSE . Based on Neb. Rev. Stat. § 71-179(15), failure to meet the repayment provisions for a loan received under the Nursing Faculty Student Loan Act and this chapter constitutes unprofessional conduct and is grounds for discipline of the recipient’s nursing license.

History

• Effective 2020-10-04