Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB22 Introduced / Fiscal Note

Filed 01/22/2025

                    PREPARED BY: Mikayla Findlay 
LB 22 DATE PREPARED: January 21, 2025 
PHONE: 	402-471-0062 
    
Revision: 00  
  FISCAL NOTE 
 	LEGISLATIVE FISCAL ANALYST ESTIMATE 
 
ESTIMATE OF FISCAL IMPACT – STATE AGENCIES 	(See narrative for political subdivision estimates) 
 	FY 2025-26 	FY 2026-27 
EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS     
CASH FUNDS     
FEDERAL FUNDS     
OTHER FUNDS     
TOTAL FUNDS See below  See below  
 
Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate. 
 
This bill requires the Department of Health and Human Services (DHHS) to submit a State Plan Amendment (SPA) 	for the Medicaid 
program by October 1, 2025 to implement targeted case management (TCM) for evidence- based nurse home visiting services. The bill 
indicates that these 	services are for families who have children younger than three years of age who are enrolled in the Children’s 
Health Insurance Program (CHIP). The bill also states legislative intent to fund these services with cash funds from the Medicaid 
Managed Care Excess Profit Fund. Due to availability of Federal Medical Assistance Percentage (FMAP) for Medicaid, it is assumed 
that the cash fund s would make up the state’s matching requirement and not be the exclusive fund source of this 	initiative. Note that 
revenue to the Medicaid Managed Care Excess 	Profit Fund is not guaranteed and lack of funding may result in fai	lure to execute the 
provisions of the program. 
 
Currently, the only program in Nebraska that offer	s nurse home-visiting is based out of the 	Lincoln- Lancaster County Public Health 
Department . Due to increased funding for home	-visiting provided by the legislature, 	Douglas County is starting a similar program. If the 
SPA is approved, additional programs may launch state-wide. 
 
DHHS notes that current Medicaid regulations do not define evi	dence-based nurse home visiting. In seeking a SPA approval from 
CMS, the Centers for Medicare & Medicaid Services, the definitions would be explicated 	for TCM for a specific patient population which 
may be considered similar to populations that are exempt from coverage. This may extend the approval process. DHHS assumes 
implementation by 1/1/2026 noting the possibility of later implementation depending on approval.  
 
Though this bill exclusively references CHIP	, the Medicaid and CHIP programs provide identical services for the child population. The 
programs funding sources differ but from the recipient side the programs are seamless meaning if a family’s income results in 
movement of the child or children between CHIP and Medi	caid the services stay the same. DHHS indicates that in FY24 there were 
approx. 400,000 member months for individual children under the age of three. The agency uses a utilization assumption of 25% and 
assumed monthly rate of $100 to cal	culate a total aid cost of $10 million. Assuming implementation of 1/1/2026, the aid 	cost in FY26 
would represent half a fiscal year. The 	agency uses a blended FMAP of 57.20% for FY26 and 56.15% for SFY27. The blended FMAP is 
based on the proportion of regular Medicaid member months and CHIP member months. This estimate appears to be reasonable at full 
program implementation. As noted above there is only one pro	gram fully operating and 	implementation of new programs statewide 
would take significant time to develop 	therefore the actual cost in the initial years of the program should be less.  
 
DHHS indicates potential administrative expenses upwards of $103,000 ann	ually for a program manager depending on which division 
the program will fall within the D	epartment. Current home visitation operates with in the Division of Public Health however this bill would 
involve Medicaid and Long-Term Care. DHHS 	also notes that ef	forts to start the home-visiting program in Omaha may be duplicated 
under this bill.  
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE    
LB:        22            AM:                                      AGENCY/POLT. SUB: Nebraska Dept of Health & Human Services 
   
REVIEWED BY:       Ann Linneman                                	DATE:       1 -21-2025                  	PHONE: (402) 471-4180 
   
COMMENTS: Concur with the Nebraska Department of Health & Human Services assessment of fiscal impact. 
  
Technical Note: The amount of funding into the MCO Excess Profit Fund is unknown, so General Funds would be needed if 
there is not adequate funding available.  
   
   
 
 
LB (1) 22 	FISCAL NOTE 	2025 
 
 ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
State Agency or Political Subdivision Name:(2) Department of Health and Human Services 
Prepared by: (3) John Meals 	Date Prepared 1-17-2025 	Phone: (5) 471-6719 
 	FY 2025-2026  	FY 2026-2027 
 	EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS      
CASH FUNDS 	$2,139,845   $4,385,383  
FEDERAL FUNDS $2,860,155   $5,614,617  
OTHER FUNDS      
TOTAL FUNDS 	$5,000,000 	$0  $10,000,000 	$0 
 
 
Return by date specified or 72 hours prior to public hearing, whichever is earlier. 
Explanation of Estimate: 
 
LB22 requires Medicaid to submit a state plan amendment (SPA) to the Centers for Medicare & Medicaid 
Services (CMS) for targeted case management (TCM) for evidence-	based nurse home visiting services 
available to all postpartum mothers and children less than three years of age enrolled in Medicaid or Children’s 
Health Insurance Program (CHIP).  LB22 requires the non-federal share portion of the 	service be paid with the 
Managed Care Excess Profit Fund. The usage of the Managed Care Excess Profit Fund for the non-	federal 
share portion is not a sustainable source of funding; this could lead to needing other funding sources, such as 
General Funds, in the future. 
 
Current Medicaid regulations do not define evidence-	based nurse home visiting. There are other programs 
and funding streams that provide targeted case management or nurse visits for postpartum mothers and 
children less than three years of age.  The SPA will require CMS approval to limit the TCM service to a specific 
patient population that may be considered similar to patient populations exempt from the coverage. This will 
require special review by CMS, possibly a waiver, and the date of October 1, 2025, might not be met.  This 
fiscal note assumes an implementation date of January 1, 2026. The expenses related to the effort and time 
needed for the SPA and potentially a waiver, as well as other operational costs to implement this new 
coverage, would be absorbed by the Department.    
 
In state fiscal year 2024, there were approximately 	400,000 unique member months for children under three 
years of age.  Assuming a utilization rate of 25%, this fiscal note assumes 100,000 member months are to be 
covered at an estimated monthly rate of $100.  The resulting annual increase in aid expenditures is $5	,000,000 
for SFY26 ($2,860,155 Federal Funds and $2	,139,845 Cash Funds) and $10,00 0,000 for SFY27 ($5	,614,617 
Federal Funds and $4	,385,383 Cash Funds).  The blended FMAP for SFY26 used is 57.20% and for SFY27 is 
56.15%.  The blended FMAP was based on the proportion of regular Medicaid member months and CHIP 
member months. 
 
The Division of Public Health (DPH) currently oversees an evidence-	based home visiting model that is not 
nurse- based called the Maternal Infant Early Childhood Home Visitation (MIECHV) program.  DPH does not 
oversee any programs that would be considered “targeted case management”. DPH is currently in the process 
of implementing a local evidence-	based nurse home visitation project, called Family Connects, which is 
localized in Omaha.  If the services provided in LB22 are also provided through DPH’s existing home visiting 
program, then there would be a substantial impact to the Department.  The existing home visiting program 
operates on a cost reimbursement basis through subawards to local implementing agencies.  It is unclear 
whether the Department is intended to implement the program itself or if LB22 is meant to designate where the 
state share of costs associated with the SPA will be borne. If the Department is responsible for expanding the 
existing Omaha pilot project statewide, new full-time associates might be needed, including at minimum a 
program manager position with annual costs of $103,000. 
   
An expansion of a statewide nurse home visitation program for Medicaid and CHIP recipients may allow DPH’s 
existing home visiting program to reprioritize existing aid resources.  The nurse home visiting program pilot that 
is being launched in Omaha would appear to be redundant if LB22 were to pass and be implemented as-is.  If 
LB22 eliminated the need for the Omaha nurse home visiting pilot project, there would be a reduction in 
$500,000 in costs per year against the Medicaid Managed Care Excess Profit Fund.       
 
MAJOR OBJECTS OF EXPENDITURE 
 
 
PERSONAL SERVICES: 
 	NUMBER OF POSITIONS 2025-2026 	2026-2027 
POSITION TITLE 	26-26 26-27 EXPENDITURES EXPENDITURES 
 
   
 
   
 
   
 
   
 
   
Benefits............................................................................................................................... 
  
Operating............................................................................................................................ 
  
Travel.................................................................................................................................. 
  
Capital Outlay..................................................................................................................... 
  
Aid...................................................................................................................................... 
$5,000,000 $10,000,000 
Capital Improvements......................................................................................................... 
  
                   TOTAL............................................................................................................ 
$5,000,000 $10,000,000