Bill

LB 61

Require the Department of Health and Human Services to file a medicaid waiver amendment for memory care rates

109th Legislature (2025-2026) Introduced by Danielle Conrad and 2 co-sponsors

Nebraska LB 61 adds memory care to the Aged and Disabled HCBS Waiver, sets a reimbursement rate, and seeks CMS approval with state funding.

Title printed. Carryover bill

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Bill Summary · LB 61

Summary of Nebraska LB 61 (2025)

Purpose and Intent

LB 61 would require the Nebraska Department of Health and Human Services (DHHS) to apply to the federal Centers for Medicare and Medicaid Services (CMS) to amend Nebraska’s Aged and Disabled Home and Community-Based Services (HCBS) Waiver.
The amendment would add memory care services (specifically assisted living memory care) as a coverable waiver service and establish a rate for that service.
The bill also provides for appropriations to support this waiver service.

Key Provisions

Amend Section 68-911, Revised Statutes Cumulative Supplement, 2024, to implement:
- The addition of memory care services under the Aged and Disabled HCBS Waiver.
- The creation of an approved rate for memory care services within the waiver.
Repeal the original text of Section 68-911 and replace it with the updated language reflecting these changes.
Require the state to seek CMS approval via a state plan amendment or waiver to authorize the memory care waiver addition and rate.
The Introducer’s Statement of Intent confirms the goal of extending waiver coverage to memory care and supporting this with state funding.

Affected Parties and Impact

Recipients: Nebraskans who are part of the Aged and Disabled HCBS Waiver, particularly individuals who require memory care services that could be provided in assisted living memory care settings.
Providers: Assisted living facilities offering memory care services that would be eligible for waiver reimbursement under the new rate.
State and Funders: Nebraska DHHS would administer the waiver amendment and coordinate with CMS for federal matching funds; state funds would support the new memory care rate.

Fiscal and Financial Considerations

The bill would require a state appropriation to support the added memory care waiver service (the amount would be determined through the waiver and CMS reimbursement processes).
Federal financial participation would be pursued through CMS via a waiver/state plan amendment to cover the memory care services.

Process and Timeline

Introduced: January 9, 2025.
Committee: Health and Human Services.
Hearing Date: January 22, 2025.
Status Updates:
- Conrad name added to the bill on February 21, 2025.
- Other sponsor actions listed (Storer as primary; Fredrickson as cosponsor; Conrad as cosponsor).
The bill envisions federal approval processes (state plan amendment or waiver) with ongoing reporting and implementation steps once approved.

Quick Take

LB 61 aims to expand Medicaid HCBS waiver coverage by formally adding memory care services in assisted living settings and establishing a reimbursement rate, funded through a combination of state appropriations and federal matching funds, pending CMS approval. The bill would replace the current section text to implement these changes.

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