Bill > LB911

This bill establishes new requirements for licensed behavior analysts and clarifies regulations for child care facilities and behavior analysis services under the Medical Assistance Act. Specifically, licensed behavior analysts must maintain a physical presence in the state, either through a primary practice location or by conducting at least five percent of direct client service hours and two in-person supervisory observations per client per month. Remote-only clinical supervision is prohibited for applied behavior analysis (ABA) treatment programs exceeding fifteen hours of direct services per client weekly, and supervising clinicians must adhere to specific observation percentages and conduct monthly in-person observations. The Board of Behavior Analysts is granted authority to investigate complaints, audit records, and take disciplinary action. For services under the Medical Assistance Act, the Department of Health and Human Services will establish review protocols for ABA services exceeding twenty hours per week or twelve months of authorization without documented progress to ensure medical necessity and prevent overuse. Furthermore, facilities providing medically necessary ABA services to individuals under twenty years old will not be required to obtain a child care license solely on that basis, unless they offer nonclinical programming like naps or meals, or retain children for more than ten cumulative hours per week of nontherapeutic time. The department will also develop rules for dual licensing, waivers, or exemptions for ABA programs offering extended day, summer, or wraparound care.

Health and Social Services

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=62749