400 Neb. Admin. Code, ch. 1, § 010
Subject to review by the Board upon a timely appeal, the Department will determine each member's individual monthly maintenance charge based on his/her income and assets and applicable allowances and disregards as prescribed by the Board. Each member is liable each month for the lesser of:
A member will be charged the maximum maintenance charge if his/her assets, after allowances established by the Board, equal or exceed in value the maximum asset level prescribed by the Board.
If the total value of a member's assets, after allowances established by the Board, is less than the maximum asset level prescribed by the Board, then the member's individual monthly maintenance charge will be the lesser of:
A member successful in restorative and rehabilitation efforts and who wishes to discharge to a less restrictive setting, such as independent living, will be allowed to be employed outside the Home for up to four complete months without that income being counted for maintenance. The income from this employment will be escrowed to assist the member in his/her transition to independent living.
No monthly allowance may be given for a spouse or dependent in a private or public institution when payment for his/her care is from a public agency.
A member's individual maintenance charge will be reviewed and recalculated annually and may be recalculated by the Department in between annual recalculation in the event of either an increase or reduction in either assets or income.
If an asset increase causes the member's assets, after allowances established by the Board, to equal or exceed in value the maximum asset level prescribed by the Board, the member will be charged the maximum maintenance charge for each month that the maximum asset level is equaled or exceeded at any time during that month. If not effective sooner due to a determination by the Department that the increased maintenance charge should be effective retroactively, the effective date of a recalculation due to an income increase will be the first day of the month immediately following the month in which the increase in income occurs and the effective date of a recalculation due to an asset increase will be the first day of the month immediately following acquisition of the asset.
A change in the financial circumstances of the member or his/her spouse or dependent child(ren) must be reported to the Home business manager by the member and his/her spouse, other relative, legal representative or other fiduciary of the member within ten days of the occurrence of the change or their receipt of notice of the change, whichever is earlier.
The Department may increase a member's monthly maintenance charge retroactive to either the date on which the additional income or asset is received or an earlier effective date if the effective date precedes actual receipt.
A member receiving an inheritance, back pay award, federal benefit or other asset will transfer and assign the same to the Department, subject to approval and acceptance by the Department, in an amount sufficient to assure that payment of the member's accrued and future monthly maintenance charges do not become delinquent.
The maintenance charge for a member absent from the Home for any reason other than hospitalization will not be decreased or otherwise affected unless the member requested discharge prior to leaving the Home and completely vacated the Home consistent with his/her discharge request. The discharged member's application for readmission is subject to the Rules of Membership.
400 Neb. Admin. Code, ch. 1, § 010