LB85 LB85
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 85
Introduced by Day, 49; Blood, 3; Cavanaugh, M., 6; Conrad, 46; DeBoer,
10; Dungan, 26; Fredrickson, 20; McKinney, 11; Vargas, 7;
Walz, 15.
Read first time January 05, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to the Medical Assistance Act; to amend
2 section 68-901, Revised Statutes Cumulative Supplement, 2022; to
3 require the Department of Health and Human Services to implement
4 express lane eligibility; to harmonize provisions; and to repeal the
5 original sections.
6 Be it enacted by the people of the State of Nebraska,
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LB85 LB85
2023 2023
1 Section 1. Section 68-901, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 68-901 Sections 68-901 to 68-9,101 and section 2 of this act shall
4 be known and may be cited as the Medical Assistance Act.
5 Sec. 2. (1) No later than October 1, 2023, the department shall
6 submit applications to the federal Centers for Medicare and Medicaid
7 Services to amend the medicaid state plan and Children's Health Insurance
8 Program state plan to implement express lane eligibility in accordance
9 with 42 U.S.C. 1396a(e)(13).
10 (2) The state plan amendments shall identify the Division of
11 Children and Family Services of the department as an express lane agency
12 which shall use data from the Supplemental Nutrition Assistance Program
13 for express lane eligibility determinations. The state plan amendments
14 shall also specify that the express lane eligibility option will be used
15 for initial eligibility determinations, redeterminations, automatic
16 enrollment, and automatic renewals for eligible children in the medical
17 assistance program and the Children's Health Insurance Program
18 established pursuant to 42 U.S.C. 1397aa et seq.
19 (3) The applications to amend the medicaid state plan and the
20 Children's Health Insurance Program state plan shall have an effective
21 date for implementation of express lane eligibility no later than January
22 1, 2024.
23 (4) The department shall take all actions necessary to maximize
24 federal financial participation to carry out this section.
25 Sec. 3. Original section 68-901, Revised Statutes Cumulative
26 Supplement, 2022, is repealed.
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Statutes affected:
Introduced: 68-901