Section 464-1-019 - LOCATING RESPITE PROVIDERSRecipients and caregivers are responsible for identifying, hiring, supervising, and firing their own provider. Providers must be Nebraska Lifespan Respite Network screened. Providers are not employees of the State of Nebraska when providing respite services. Caregivers are encouraged to refer family and friends to become Network screened providers.
019.01DEPARTMENT DISCRETION. The Department retains the authority to deny payment to a recipient's choice of provider in the following circumstances: (A) The provider engages in fraudulent billing;(B) The provider has committed fraud in other Department programs;(C) The provider has been convicted of abuse or neglect of a vulnerable adult or child;(D) The provider has been convicted of a violent crime;(E) The provider has been convicted of child pornography;(F) The provider has been convicted of domestic abuse or assault;(G) The provider has been convicted of shoplifting after age 19 and within the last three years;(H) The provider has a conviction for felony fraud in the past 10 years;(I) The provider has a conviction for misdemeanor fraud in the past five years;(J) The provider has a conviction for possession controlled substances within the last 10 years;(K) The provider has a conviction for manufacturing of a controlled substances within the last 10 years;(L) The provider has a conviction for prostitution or solicitation of prostitution within the last five years;(M) The provider has a conviction for robbery or burglary within the last 10 years;(N) The provider has a conviction for rape or sexual assault;(O) The provider is a registered or required to be registered on a State or National Sex Offender Registry or Repository;(P) The provider has a conviction for any crime against a child or vulnerable adult;(Q) The provider has a conviction for kidnapping;(R) The provider has a conviction for animal cruelty, abuse, or neglect;(S) The provider has a conviction for arson;(T) The provider has convictions for driving under the influence within the last five years;(U) The provider has two or more pending driving under the influence charges; or(V) The provider has convictions for any other crimes jeopardizing the safety of a child or vulnerable adult.019.02USING NEBRASKA LIFESPAN RESPITE NETWORK SCREENED PROVIDERS. Local Nebraska Lifespan Respite Networks funded through the Nebraska Lifespan Respite Services program assist families by matching caregivers with background screened providers and other types of paid and unpaid respite care. The Local Network: (A) Is operated by a community-based private nonprofit or for-profit agency or a public agency that provides respite services sensitive to the unique needs, strengths, and cultural values of the recipient, family, or caregiver;(B) Serves in one or more of the six regional services areas of the Department;(C) Acts as a single local source for respite services information and referral;(D) Assists caregivers to identify respite care needs and resources;(E) Facilitates access to a flexible array of local respite service options responsive to family and caregiver needs to prevent a crisis;(F) Recruits and screens paid and unpaid respite care providers; and(G) Identifies training resources and organizes training opportunities for respite care providers.464 Neb. Admin. Code, ch. 1, § 019
Adopted effective 10/3/2021