Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB22 Introduced / Fiscal Note

Filed 02/25/2025

                    PREPARED BY: Mikayla Findlay 
LB 22 DATE PREPARED: February 25, 2025 
PHONE: 	402-471-0062 
    
Revision: 02  
Revised to account for varying federal participation rates 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 	$352,521  $716,511  
FEDERAL FUNDS 	$723,079  $1,434,689  
OTHER FUNDS     
TOTAL FUNDS $1,075,600  $2,151,200  
 
Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate. 
 
As amended, 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 
for families who have children younger than six months of age who are enrolled in 	Medicaid. The bill 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 f	unds 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 failure to execute the provis	ions of the program. 
 
DHHS notes that current Medicaid regulations do not define evidence-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 January 1, 2026 noting the possibility of later implementation depending on approval.  
 
DHHS indicates that in FY24 there were approx. 86,048 	member months for individual children under the age of six months. The 
agency uses a utilization assumption of 25% and assumed monthly rate of $100 to calculate a total aid cost of $2,151,200. Assuming 
implementation of January 1, 2026, the aid cost in FY26 would represent half a fiscal year. This fiscal note assu	mes a blended FMAP of 
67.23% for FY26 and 66.69% for SFY27. 	This blended FMAP assumes half of Medicaid home visiting will be for clients who are 
covered at the regular FMAP (55.15% in SFY26 and 54.36% in SFY27), a quarter CHIP (68.6% in SFY26 and 68.05% in SFY27	), and a 
quarter Medicaid Expansion (90%). Only services billed to the parent would qualify for the Ex pansion federal participation as infants 
only qualify for either regular Medicaid or CHIP. Actual aid expenditures depend on utilization of the program.  
 
DHHS indicates potential administrative expenses upwards of $103,000 annually for a program manager depending on which division 
the program will fall within the Department. Should the provisions of this bill warrant 	additional personnel the agenc y may request 
additional admin funds via the budget process.  
 
 
 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POL T. SUB. RESPONSE    
LB:        22            AM:  102                                 AGENCY/POLT. SUB: Nebraska Dept of Health & Human Services 
   
REVIEWED BY:       Ann Linneman                                	DATE:       2 -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 AM102 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 2-21-25 	Phone: (5) 471-6719 
 	FY 2025-2026  	FY 2026-2027 
 	EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS      
CASH FUNDS 	$473,909   $973,203  
FEDERAL FUNDS 	$601,691   $1,177,997  
OTHER FUNDS      
TOTAL FUNDS 	$1,075,600 	$0  $2,151,200 	$0 
 
 
Return by date specified or 72 hours prior to public hearing, whichever is earlier. 
Explanation of Estimate: 
 
LB22 AM102 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 up to six months of age enrolled in Medicaid. The bill 
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 
younger than six months old. 	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 86,048 unique Medicaid member months for children under six months of 
age. Assuming a utilization rate of 25%, this fiscal note assumes 21,512 member months are to be covered at 
an estimated monthly rate of $100. 	The resulting annual increase in aid expenditures is $1,075,600 for SFY26 
($601,691 Federal Funds and $473,909 Cash Funds) and $2	,151,200 for SFY27 ($1,177 ,997 Federal Funds 
and $973, 203 Cash Funds). The FMAP used for regular Medicaid expenses for SFY26 is 55.94% and for 
SFY27 is 54 .76%. 
 
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 	AM102 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 AM102 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 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 	overlapping if LB22 AM102 were to pass and be implemented as-is. If   
LB22 AM102 eliminated the need for portions of the Omaha nurse home visiting pilot project, there could be a 
reduction up to $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...................................................................................................................................... 
$1,075,600 $2,151,200 
Capital Improvements......................................................................................................... 
  
                   TOTAL............................................................................................................ 
$1,075,600 $2,151,200