477 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024

Section 477-3-003 - APPLICANT AND CLIENT RIGHTS

All applicants and clients have the following rights:

(A) The right to have the Medicaid application process and the Medicaid requirements, responsibilities, and benefits reasonably explained by the Department, including by written translations, oral interpretation, and taglines for individuals with disabilities or limited English proficiency;

(B) The right to have other potential sources of assistance explained by the Department, including, as applicable: income that may be currently or potentially available such as Retirement, Survivors, and Disability Insurance (RSDI), Supplemental Security Income (SSI), or Veterans Affairs (VA) benefits; social and other financial services available through the Department, such as social services, Early Periodic Screening, Diagnosis, and Treatment (EPSDT), and family planning; and receive a referral to other agencies, if appropriate;

(C) The right to have his or her civil rights upheld. No applicant or client may be subjected to discrimination on the grounds of race, color, national origin, sex, age, disability, religion, political belief, or any other classification protected by law;

(D) The right to be offered the opportunity to register to vote;

(E) The right to submit an application or have an application submitted by an authorized representative;

(F) The right to have his or her application and any personal information treated confidentially according to the applicable privacy laws;

(G) The right to receive reasonably prompt action on his or her application which is pending. A determination of eligibility must be made by the Department about an application within 45 days of the date the complete and signed application has been received by the Department; except for applications under the disability category, for which a determination of eligibility must be made within 90 days;

(H) The right to receive adequate notice of any action affecting his or her application or benefit; and

(I) The right to appeal to the Director for a hearing about any action or inaction regarding his or her application, or failure to act with reasonable promptness. Any appeal must be filed with the Department in writing within 90 days of the decision date.

477 Neb. Admin. Code, ch. 3, § 003

Amended effective 3/13/2018

Amended effective 7/29/2020

Amended effective 9/17/2024