WeVote
Log In

Bill

Bill

LB 42

Provide for employment of nurse aides in intellectual and developmental disability facilities

109th Legislature (2025-2026) Introduced by Machaela Cavanaugh and 3 co-sponsors

LB 42 expands the nurse aide registry to workers for DHHS-certified developmental disability providers (incl. CDD waiver/ICF/DD), with new training, age, and safety requirements.

Approved by Governor on March 11, 2025
0
WeVote Research Nonpartisan
Bill Summary · LB 42

Summary — LB 42 (2025)

Provide for employment of nurse aides in intellectual and developmental disability facilities
Approved by Governor March 11, 2025

Purpose

LB 42 amends Nebraska law to explicitly include "service providers" certified to deliver developmental disabilities services within the statutory definition and regulatory framework for nurse aides. The change brings nurse aides employed by such service providers (including those working under the Medicaid Comprehensive Developmental Disabilities — CDD — waiver and in intermediate care facilities for persons with developmental disabilities) under the existing Nurse Aide Registry and training/qualification requirements.

Key provisions

  • Amends Neb. Rev. Stat. § 71-6038:

    • Adds a new definition: "Service provider means a person certified by the Department to provide developmental disabilities services."
    • Expands the definition of "nurse aide" to include persons employed by a service provider or the facilities described in § 71-6039.

  • Amends Neb. Rev. Stat. § 71-6039:

    • Extends the statute's nurse aide eligibility, training, and registry requirements to nurse aides employed by service providers under the Medicaid CDD waiver and to specified facility types.
    • Sets baseline qualifications: at least 16 years old, no conviction for crimes involving moral turpitude, able to communicate in English or a language understood by a substantial portion of residents, and completion of department‑approved basic nurse aide training within 120 days of initial employment.
    • Prohibits a registered nurse (RN) or licensed practical nurse (LPN) whose license has been revoked, suspended, or voluntarily surrendered in lieu of discipline from acting as a nurse aide for a service provider or covered facility.
    • Provides that nurse aide registration becomes void if the person becomes an RN or LPN.
    • Allows petition to remove a conviction finding from the Nurse Aide Registry after one year.
    • Authorizes DHHS to prescribe training curricula and adopt rules; mandates training content consistent with federal requirements and include abuse/neglect reporting instruction.
    • Specifies minimum training hours:
    • Intermediate care facilities for persons with developmental disabilities (ICF/DD): minimum 20 hours (at least 15 hours basic personal care + 5 hours basic therapeutic and emergency procedures).
    • Other nursing homes: minimum 75 hours.

  • Repeals the original versions of §§ 71-6038 and 71-6039 and replaces them with the amended text.

Introducer’s statement of intent

The introducer noted LB 42 allows individuals employed in IDD facilities to maintain nurse aide registration under § 71-6039. (Existing statute/practice allows nurse aides to maintain active registry status by performing paid work in qualifying settings — e.g., working an 8‑hour paid shift every 24 months — and LB 42 adds service providers to those qualifying settings.)

Who is affected

  • Nurse aides employed by service providers certified to provide developmental disabilities services (including those working under the Medicaid CDD waiver and in ICF/DDs).
  • Service providers and facilities certified by DHHS.
  • Persons receiving developmental disability services (through workforce and care impacts).
  • DHHS (rulemaking and oversight responsibilities).

Procedural timeline / status

  • Introduced: January 9, 2025 (Sen. Merv Riepe, primary; cosponsors: Hardin, Quick, Cavanaugh M., Conrad).
  • Health & Human Services Committee hearing: January 23, 2025; advanced to General File.
  • Passed Legislature on Final Reading: February 27/March 6, 2025 (Final vote: 47‑0‑2).
  • Presented to Governor: March 6, 2025; Approved by Governor: March 11, 2025 — now law.

Potential impact

  • Clarifies and extends statutory recognition and regulatory oversight for nurse aides working in developmental disability service settings, which may improve workforce retention and ensure consistent training/registry oversight across ICF/DD and Medicaid CDD waiver settings. It also preserves consumer protections by excluding nurses with revoked/suspended licenses from serving as nurse aides in these settings.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.