Bill Summary – FastDemocracy

LB333                                                                                   LB333
                                                                                   2023
                                  LEGISLATURE OF NEBRASKA
                            ONE HUNDRED EIGHTH LEGISLATURE
                                         FIRST SESSION
                          LEGISLATIVE BILL 333
        Introduced by Conrad, 46; Cavanaugh, M., 6; Hunt, 8.
        Read first time January 11, 2023
        Committee: Health and Human Services
   A BILL FOR AN ACT relating to the Medical Assistance Act; to amend
       section 68-911, Revised Statutes Cumulative Supplement, 2022; to
       require   a state plan amendment for coverage of   family planning
       services; and to repeal the original section.
   Be it enacted by the people of the State of Nebraska,
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LB333                                                                                       LB333
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        Section 1. Section 68-911, Revised Statutes Cumulative Supplement,
    2022, is amended to read:
        68-911 (1) Medical assistance shall include coverage for health care
   and related services as required under Title XIX of the federal Social
   Security Act, including, but not limited to:
       (a) Inpatient and outpatient hospital services;
       (b) Laboratory and X-ray services;
       (c) Nursing facility services;
       (d) Home health services;
       (e) Nursing services;
       (f) Clinic services;
       (g) Physician services;
       (h) Medical and surgical services of a dentist;
       (i) Nurse practitioner services;
       (j) Nurse midwife services;
       (k) Pregnancy-related services;
       (l) Medical supplies;
       (m) Mental health and substance abuse services;
       (n)    Early and periodic screening and diagnosis and treatment
    services for children which shall include both physical and behavioral
    health screening, diagnosis, and treatment services;
        (o) Rural health clinic services; and
        (p) Federally qualified health center services.
        (2) In addition to coverage otherwise required under this section,
    medical assistance may include coverage for health care and related
    services as permitted but not required under Title XIX of the federal
    Social Security Act, including, but not limited to:
        (a) Prescribed drugs;
        (b)   Intermediate care facilities for persons with developmental
    disabilities;
        (c) Home and community-based services for aged persons and persons
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LB333                                                                                           LB333
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   with disabilities;
          (d) Dental services;
          (e) Rehabilitation services;
          (f) Personal care services;
          (g) Durable medical equipment;
          (h) Medical transportation services;
          (i) Vision-related services;
          (j) Speech therapy services;
          (k) Physical therapy services;
          (l) Chiropractic services;
          (m) Occupational therapy services;
          (n) Optometric services;
          (o) Podiatric services;
          (p) Hospice services;
          (q) Mental health and substance abuse services;
          (r) Hearing screening services for newborn and infant children; and
          (s) Administrative expenses related to administrative activities,
   including outreach services, provided by school districts and educational
   service units to students who are eligible or potentially eligible for
   medical assistance.
          (3) No later than July 1, 2009, the department shall submit a state
   plan amendment or waiver to the federal Centers for Medicare and Medicaid
   Services to provide coverage under the medical assistance program for
   community-based secure residential and subacute behavioral health
    services for all eligible recipients,   without regard to   whether the
   recipient has been ordered by a mental health board under the Nebraska
   Mental Health Commitment Act to receive such services.
          (4) On or before October 1, 2014, the department, after consultation
   with the State Department of   Education,   shall submit    a state plan
   amendment to the federal Centers for Medicare and Medicaid Services, as
   necessary, to provide that the following are direct reimbursable services
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LB333                                                                                            LB333
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    when provided by school districts as part of an individualized education
   program or an individualized family service plan: Early and periodic
    screening,    diagnosis,     and treatment services for children;       medical
    transportation services;    mental health services;        nursing services;
    occupational therapy services; personal care services; physical therapy
    services; rehabilitation services; speech therapy and other services for
    individuals with speech, hearing, or language disorders; and vision-
    related services.
        (5) No later than January 1, 2023, the department shall provide
    coverage for continuous glucose monitors under the medical assistance
    program for all eligible recipients who have a prescription for such
    device.
       (6) No later than October 1, 2023, the department shall submit a
    state plan amendment to the federal Centers for Medicare and Medicaid
    Services for the purpose of   providing medical assistance for family
   planning services for persons whose income is at or below the income
    eligibility level set by the state as of January 1, 2023, for coverage
    for pregnant women, as permitted under the federal Social Security Act,
    as amended, 42 U.S.C. 1396a(a)(10)(A)(ii)(XXI), as such act and section
    existed on January 1, 2023.
        (7) For purposes of this section:
        (a) Family planning services shall be consistent with 42 U.S.C.
    1396a(a)(10)(G)(XVI)        and includes coverage,      without imposition of
    utilization controls, of: All United States Food and Drug Administration-
    approved family planning methods, including the insertion, provision, or
   removal of a drug or device; screening and treatment for preinvasive
    cervical and breast cancers, including cancer prevention vaccinations;
    interpersonal violence screening and prevention;        and followup family
    planning appointments and counseling; and
        (b)      Family planning services includes the following related
   services: Medical diagnosis and treatment services provided in a family
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LB333                                                                             LB333
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    planning setting as part of, or as a followup to, a family planning
    visit, including, but not limited to, treatment of medical conditions
    routinely diagnosed during a family planning visit, such as treatment for
    a urinary tract infection or sexually transmitted infection; preventive
    services routinely provided during a family planning visit, such as the
    human papillomavirus vaccine; treatment of a major medical complication
   resulting from a family planning visit; and the insertion of a long-
    acting reversible contraceptive immediately postdelivery as part of a
    family planning visit.
        (8) No state funds shall be utilized to pay for elective abortion
    services.
       Sec.    2.   Original section   68-911,   Revised Statutes Cumulative
   Supplement, 2022, is repealed.
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Statutes affected: 
Introduced: 68-911