Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB275 Introduced / Fiscal Note

Filed 03/11/2025

                    PREPARED BY: Mikayla Findlay 
LB 275 DATE PREPARED: March 10, 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 f	ollowing the Legislative Fiscal Analyst Estimate. 
 
This bill addresses the handling of social security benefits for children in foster care. The bill limits the amount of the benefits that may 
be used to reimburse the state for the cost of care. The bill directs processes and procedures for applying for benefits, accounting for 
the payments and notifying the child and the child’s guardian ad litem of the benefits and amounts received. The Department of Health 
and Human Services (DHHS) is required to adopt and promulgate rules and regulations on or before October 1, 2026	, to carry out the 
provisions of the bill. DHHS indicates the changes required by this legislat	ion would require extensive changes	, the impact of some are 
indeterminable.  
 
The state currently is allowed to retain the amount over $1,000 in social security benefits a child receives. This bill increases the 
amount the child may retain to $2,000 and reduces the amount the state may use for the cost of care. General funds are needed to 
replace the funding. The amount is $3,479,694 	annually. Assuming implementation begins on October 1, 2026	, the cost for nine months 
in FY26 would be $2,609,771. Additionally, DHHS indicates increased costs to contracts to annually 	screen for social security eligibility 
is estimated to be $801,600. One-time cost for system changes would be $175,500. 	To ensure proper accounting and meeting the 
reporting requirements, additional resources will be needed. The department indicates the need for 1.5 full time social service worker 
and 1 fulltime accountant. The cost of the additional staff would be $154,330 	in FY26 and $216,060 in FY27.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. R ESPONSE    
LB:        275            AM:                              	AGENCY/POLT. SUB: Nebraska Department of Health & Human Services 
   
REVIEWED BY:       Ann Linneman                                	DATE:       3 -10-2025                  	PHONE: (402) 471-4180 
   
COMMENTS: Concur with the Nebraska Department of Health and Human Services’ assessment of fiscal impact.   
  
   
  
  
   
 
 
LB (1) 275 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 3-10-25 	Phone: (5) 471-6719 
 	FY 2025-2026  	FY 2026-2027 
 	EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS      
CASH FUNDS      
FEDERAL FUNDS      
OTHER FUNDS      
TOTAL FUNDS See Below See Below See Below See Below 
 
 
Return by date specified or 72 hours prior to public hearing, whichever is earlier. 
Explanation of Estimate: 
 
LB275 requires the Department of Health and Human Services (DHHS) to conduct additional screening and 
implement new procedures surrounding notification of social security benefits. This would require significant 
changes to Children and Family Services (CFS) processes and procedures related to Social Security 
Administration (SSA) payments and expenditures for child beneficiaries.  
 
Section 1(3)(a) requires DHHS to screen all children in DHHS custody for social security benefit eligibility 
within 60 days after the date the child enters DHHS custody. This is currently done through a contract with 
Maximus. Section 1 (3)(c) requires DHHS to annually re-	screen children if they were initially determined to be 
ineligible for social security benefits. A functional assessment would need to be completed each year for each 
child who was previously denied or determined for benefits. This would require DHHS to amend the current 
contract to add additional terms and funds to encompass the re-screen process. If a functional assessment is 
needed for each youth, there would be an estimated $801,600 increase to the current Maximus contract to 
complete a functional assessment of every child entering custody and to rescreen every child each year.  
 
Section 1 (5)(a) requires DHHS to 	manage, use, and conserve SSA benefit payments consistent with federal 
law. This section of the bill also requires DHHS to use SSA payments for the child’s care only when other 
funding is unavailable. 	DHHS currently utilizes SSA funding to reimburse foster care costs as federally allowed. 
In State Fiscal Year 2024 DHHS reimbursed $3,479,694.07 in foster care costs. As written, this bill would 
require DHHS to either show that other funding is not available or absorb foster care costs for the youth that 
were previously covered through their SSA payment. Additionally, section 1 (5)(d) requires 	DHHS to conserve 
a specific percentage of benefits beginning at age 14 	and increasing periodically thereafter. It specifically 
states, “…in the following percentages: (i) For child beneficiaries fourteen years of age or older, no less than 
forty percent; (ii) for child beneficiaries sixteen years of age or older, no less than sixty percent; (iii) for child 
beneficiaries seventeen years of age or older, no less than eighty percent; and (iv) for child beneficiaries 
eighteen years of age or older, one hundred percent.” Based on this information State General Fund 
expenditures could increase up to the $3,479,694.07 	amount listed above. 
 
Section 1 (5)(c)(i-v) will require DHHS to hold funds in a trust account or one of the following specified 
accounts: Plan for Achieving Self-Support (PASS), Achieving a Better Life Experience (ABLE), Individual 
Development Account (IDA), a Special Needs (SNT), or a dedicated account. These accounts have costs 
associated with them and monthly bank charges associated with them. The estimated cost for each Trust 
Account is $15 to $300 a month, depending on the number of transactions and balance maintained in the 
account. There is a potential expense if an ABLE account vendor were to be utilized similarly to other states. 
Each ABLE Account has a $50.00 annual account fee. ($40 with electronic delivery option and a program 
management fee of .40%).  
 
A new report will need to be created and 	pulled monthly that contains the required elements of this bill. The 
costs associated with these technology requirements are listed below:   
 
Resource  Rate Hours Cost 
Gen Technical Analyst  $100/hr 483 $48,300 
Batch Technical Analyst $100/hr 1080 $108,000 
Business Analyst  $80/hr 240 $19,200 
Total  1,803 $175,500 
 
  
LB275 creates additional points in time at which notifications must be sent to a child beneficiary and their 
guardian ad litem. The creation and mailing of notifications will require approximately 275–300 additional hours 
of staff time annually. The depart	ment would absorb these hours. 
 
This bill would require Finance and Accounting to hire 1.0 FTE Accountant II, costing $64,355 in FY 25-	26 and 
$90,096 in FY 26-	27. CFS would need 1.5 FTE Program Specialists, costing 	$89,975 in FY 25-26 and 
$125,964 in FY 26-	27. These expenditures would come from State General Funds. 
 
MAJOR OBJECTS OF EXPENDITURE 
 
 
PERSONAL SERVICES: 
 	NUMBER OF POSITIONS 2025-2026 	2026-2027 
POSITION TITLE 	25-26 26-27 EXPENDITURES EXPENDITURES 
 
  
 
  
 
   
 
   
 
   
Benefits............................................................................................................................... 
  
Operating............................................................................................................................ 
  
Travel.................................................................................................................................. 
  
Capital Outlay..................................................................................................................... 
  
Aid...................................................................................................................................... 
  
Capital Improvements......................................................................................................... 
  
                   TOTAL............................................................................................................ 
See Above See Above