LB 275 — Require the Department of Health and Human Services to screen state wards for social security benefit eligibility

LB275 LB275 2025 LEGISLATURELEGISLATIVE OFBILL NEBRASKA275 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor FIRSTJune SESSION4, LEGISLATIVE2025 BILL 275 FINAL READING   Introduced by Hunt, 8;

Read  firstA timeBILL JanuaryFOR 15,AN 2025ACT Committee:relating to state wards;

Health and Human Services A BILL FOR AN ACT relating to state wards;

Be it enacted by the people of the State of Nebraska, -1- LB275 LB275 2025 Section 1.

43-907 (1)43-907 (1) Unless a guardian shall have been appointed by a court of competent jurisdiction, the Department of Health and Human Services shall take custody of, and exercise general control over, assets owned by children under the charge of the department.

(ii) The department shall provide written notice to the child, using age-appropriateage- appropriate language, the child's guardian ad litem, and the child's -2- LB275 LB275 2025 parents, of all benefit eligibility determinations from the Social Security Administration, including benefit approval, denial, and appeal outcomes, within ten calendar days after the date the department is notified of such eligibility determination.

(ii) The department has created a trust account to hold such benefit -3- LB275 LB275 2025 payments;

-1- LB275 LB275 2025 (v) A child beneficiary fourteen years of age or older may request through the juvenile court that such benefit payments be used or conserved in a specified manner;

and (c) All accounting records regarding the department's receipt, use, -4- LB275 LB275 2025 and conservation of the child's social security benefit payments benefits, to the child beneficiary, the child's guardian ad litem or attorney, or the child's parent upon:

(d) Conserve a minimum amount of social security benefit payments -5- LB275 LB275 2025 received on behalf of a child beneficiary, which shall not be used to reimburse the state for the cost of care, in the following percentages:

(c) Be informed in writing, at least six months prior to exiting the department's charge, of the process for continuing to receive social security benefit payments, the applicable federal asset and resource limits, and the process for using and conserving benefit payments to -6- LB275 LB275 2025 comply with such limits, including funds in accounts and programs that do not count toward such limits;

and -2- LB275 LB275 2025 (d) At least six months prior to exiting the department's charge, have an application submitted on behalf of the child beneficiary, or receive assistance in submitting an application, for renewed or new social security benefits for which the child beneficiary may be eligible if necessary for the child beneficiary to continue receiving benefits.

(10) The department shall seek to maximize federal Title IV-E -7- LB275 LB275 2025 funding prior to utilizing General Funds for costs associated with implementation of this section.

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