92 Neb. Admin. Code, ch. 72, § 007

Current through September 17, 2024
Section 92-72-007 - Home Modifications
007.01 Purpose

Home modifications are strictly limited to removal of barriers to access and function within the home environment and other limited modifications which are necessary to convert ordinary living space into space essential to achieve the employment outcome of the recipient.

007.02 Cost estimates

Cost estimates are required for the purchase of home modifications. Cost estimates may be obtained from catalogs, advertisements, by telephone, or in writing from qualified vendors. Cost estimates shall be obtained from a minimum of two (2) providers, unless there is only one (1) qualified provider available.

007.03 Erection of Structures

Home modifications cannot constitute the erection of new rooms, units, or structures.

007.04 Scope

Scope and extent of home modifications are limited to:

007.04A. Ramps. A single exterior ramp may be provided to enable the recipient to enter and leave the home, provided that the recipient will be engaging in services necessary to achieve an employment outcome.
007.04B. Stair Glides or Elevators. Exterior stair glides or elevators may be provided instead of a ramp if there are circumstances such as small lot size, lot grades, excessive comparative costs, etc., precluding the use of a ramp.
007.04C. Exterior Doors. A single exterior doorway may be widened and the outer doors replaced, if necessary, to permit the recipient to enter and leave the home.
007.04D. Interior Doorway. An interior doorway may be widened to permit the recipient to enter and leave a bathroom, personal bedroom, eating area, or other rooms in the house when essential to achieve the goals on the Individualized Plan for Employment.
007.04E. Bathrooms. Modifications to the bathroom may be provided, when necessary, to enable the recipient to function more independently in self-care activities such as bathing and toileting. These modifications are limited to:
007.04E1. Widening the doorway and replacing the door, if necessary, to provide access to the bathroom.
007.04E2. Providing access to the sink, including specialized sink fixtures, if required by the recipient's impairment.
007.04E3. An extension seat to the commode, if necessary. The commode shall be replaced, only if required, because of the recipient's impairment. Similarly, the commode shall be relocated only if there is no other option available to permit functional use of the bathroom.
007.04E4. The bathtub may be modified by the use of grab bars, adapted seating, hydro guards, adapted fixtures, or other modifications.
007.04E5. The bathtub may be replaced by a roll-in shower if required by the impairment.
007.04E6. The bathtub or roll-in shower may be relocated only if there is no other option to permit functional use of the bathroom.
007.04E7. Patching, priming, and painting the wall or walls disturbed by the above modifications, with color matching to the closest possible, using commonly available standard grade paint.
007.04E8. Bathroom modifications may include reconnecting moved fixtures and equipment to existing plumbing and electrical systems.
007.04E9. Bathroom modifications may include recovering the floor with a standard grade vinyl bathroom floor covering, unless carpeting is needed for mobility or safety reasons.
007.04E10. Bathroom modifications may include the provision of limited accessible storage space required for functional use in accordance with the Individualized Plan for Employment.
007.04F. Kitchen. The kitchen may be modified, if necessary, to permit the recipient to engage in self care, daily living, or housekeeping activities, such as eating, cooking, and meal preparation. Kitchen modifications are strictly limited to:
007.04F1. Widening the doorway to permit access to eating or cooking areas.
007.04F2. Lowering or raising a portion of existing counters to provide a work surface for cooking or meal preparation.
007.04F3. Opening areas under a sink or counter to provide access.
007.04F4. Necessary framing and finishing to install front controlled range top units or wall ovens, provided the recipient cannot use conventional units.
007.04F5. Lowering existing above counter storage units to provide access to stored food, kitchen, and household supplies.
007.04F6. Patching, priming, and repainting the wall or walls disturbed by the above modifications, with color matching to the closest possible, using commonly available standard grade paint.
007.04F7. Covering the area of the floor exposed by opening access to the sink or counter areas, with matching to the closest possible, using commonly available standard grade vinyl floor covering.
007.04F8. Cupboards or storage space lost by the conversion of storage space to work or access space may be replaced, provided that the remaining cupboard or storage space is inadequate. In this case, replacement is limited to the amount of storage space required for functional use, in accordance with the rehabilitation plan.
007.04F9. Kitchen modifications may include the purchase of range tops, wall ovens, or microwave ovens if the person will engage in cooking or meal preparation. Other specialized equipment needed by the recipient for these purposes because of impairment may also be purchased at the discretion of the program.
007.04G. Laundry Area. The laundry area may be modified, if necessary, to permit the recipient to do the laundry. Laundry area modifications are strictly limited to:
007.04G1. Widening the doorway to permit access to the laundry area.
007.04G2. Providing access to the washer and dryer, including the purchase of washer and dryer units whose design characteristics permit functional use by the recipient.
007.04G3. Relocation of the laundry area, provided that the existing laundry area is in an inaccessible location and access cannot be created at a cost lower than that of relocation. Relocation may include connecting the washer and dryer into existing plumbing and electrical systems, venting the dryer, and covering the laundry area floor with commonly available standard grade vinyl floor covering.
007.04H. Other Rooms. Modification of other rooms of the house is strictly limited to those rooms which will be used for purposes directly related to achieving the goals on the recipient's Individualized Plan for Employment.
007.04I. Doorways. Doorways may be widened to provide access and trimmed to the standard of current new construction using commonly available standard grade materials.
007.04J. Interior Doors. Interior doors may not be replaced, with the exception of bathroom and personal bedroom doors, essential to privacy.
007.04K. Other Modifications. Other modifications are strictly limited to those necessary for purposes directly related to achieving the goals on the recipient's Individualized Plan for Employment.
007.04L. Walls. Relocation of existing walls. The size of existing bathroom, kitchen, or laundry space can be increased by relocating an existing wall if this is the only option available to create an accessible and functional bathroom, kitchen, or laundry for the recipient. However, space taken for this purpose cannot be replaced.
007.04M. Building Materials. All modifications must use commonly available standard grade building materials, fixtures, floor covering, paint, and appliances. Commonly available standard grade means that which is typically used in current new construction of medium priced housing. The recipient may choose to upgrade material to match the original construction or to coordinate style and color of new fixtures, equipment, or appliances with that of other items. However, the recipient must pay for any difference in cost between standard grade and desired materials. This payment must be in addition to any other individual cost sharing in the Individualized Plan for Employment.
007.04N. Stair Glides, Lifts, and Elevators. Home modifications involving interior stair glides, lifts, or elevators may be provided only in situations where movement between floors in the structure is directly related to achieving the goals on the Individualized Plan for Employment and there are no other options for achieving these goals.
007.04O. Heating and Cooling. Home modifications involving heating and cooling systems are strictly limited to those specifically required by the recipient's impairment and may include an air conditioner, air purifier, humidifier, and dehumidifier which attaches to the primary system, or single room air conditioner, purifier, humidifier, or dehumidifier units sufficient for the room in which the recipient will perform most of the activities related to the Individualized Plan for Employment.
007.04P. Plumbing and Electrical Systems. Home modifications involving plumbing and electrical systems are strictly limited to those required to connect impairment related equipment and appliances, or relocated appliances and fixtures, into existing systems within the existing structure.
007.05 Building Codes and Safety

All home modifications must conform to applicable local building codes and generally recognized design standards. When suitable to the needs of the individual and their residence, the design standards of the Fair Housing Act Amendments and the Americans with Disabilities Act Standards for Accessibility will be considered in the design of modifications even when not required. In-home safety is the responsibility of the recipient or his or her family, not the program. The recipient is responsible for providing smoke detectors, additional exits, and related personal safety features

007.06 New Home Construction

In situations where the recipient plans to, or is in the process of, constructing a new home or is building an addition to an existing home, assistance is strictly limited to the purchase of impairment related equipment. The recipient is responsible for all installation costs.

007.07 Rental or Leased Property

Accommodations or modifications to individually occupied rental or leased property may only be made if the owner refuses to make the modifications him/herself; the owner has given all appropriate clearances and approvals; building permits, and other pre-modification consents have been obtained; and, the recipient has no plans to move or otherwise vacate the premises.

007.08 Amount of financial assistance

The amount of financial assistance cannot exceed the lower of the least expensive alternative or the limit on Rehabilitation Technology-Home Modifications in Appendix B.

007.09 Exceptions

Exceptions to the limit on financial assistance for home modification in Appendix B may be granted by the Program staff designated by the Director, based on individual circumstances. Exceptions may be granted if Program staff determines there is no alternative to accomplish the necessary accommodation in a safe manner.

007.10 Housing Quality Standards

Prior to resolving accessibility issues, the individual's home shall be in such condition that the property does not present a health and/or safety risk to the individual. Hazardous defects in the structure (walls, floor, ceiling, foundation, roof), electrical, or plumbing problems/codes violations need to be corrected before any modifications for accessibility can be considered. The cost of correcting these deficiencies shall be the individual's responsibility.

92 Neb. Admin. Code, ch. 72, § 007