480 Neb. Admin. Code, ch. 1, § 012 - FAMILY RIGHTS

The rights in this section are based on federal and state special education law and Medicaid law and regulations in addition to the Nebraska Early Intervention Act. To assure fair treatment of families within the Early Intervention Program statewide, it is important that families know their rights and that their rights are protected. See 34 CFR Part 303 and Nebraska Department of Education regulations at 92 NAC 51 and 52.

012.01 NOTIFICATION OF RIGHTS. Families must receive their rights for participation in the Early Intervention Program which include Medicaid provisions for the right to apply, the right to receive a timely response, and the right to appeal for Home and Community-Based Services (HCBS). The rights that govern the Early Intervention Program are defined in federal and state regulations (See 34 CFR 303, 465 NAC, 471 NAC, and 480 NAC).

012.02 LEGAL ASSISTANCE IN HEARING. In the case of a parent initiating hearing procedures as outlined in Nebraska Department of Education regulations at 92 NAC 52, the services coordination agency must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or if the parent initiates a hearing under Nebraska Department of Education regulations at 92 NAC 55.

012.03 NOTIFICATION OF ADVERSE DECISIONS. Persons who request, apply for, or receive Home and Community-Based Services (HCBS) may appeal any adverse action or inaction. The services coordinator must send written notice of denial, reduction, or termination of services to the child's guardian as outlined in 480 NAC 2. Notice to the child's guardian must contain:

(A) A clear statement of the action to be taken;

(B) A clear statement of the reason for the action;

(C) Specific policy reference which supports such action; and

(D) A complete statement of the guardian's right to appeal.

012.04 ELIGIBILITY HEARING. Matters regarding the eligibility for Home and Community-Based Services (HCBS) will be processed through the Department's Medicaid eligibility hearing procedures.

Notes

480 Neb. Admin. Code, ch. 1, § 012

Adopted effective 10/3/2021