The Department of Health and Human Services shall be the overseer of the poor and shall be vested with the entire and exclusive superintendence of the poor in this state, except that the county board of each county shall furnish such medical service as may be required for the poor of the county who are not eligible for other medical assistance programs and general assistance for the poor of the county. Any person who is or becomes ineligible for other medical assistance programs due to his or her own actions or inactions shall also be ineligible for medical services from the county.
The county board of each county shall administer the medical assistance provided pursuant to this section. A county board may enter into an agreement with the Department of Health and Human Services which allows the department to aid in the administration of such medical assistance program. In providing medical and hospital care for the poor, the county board shall make use of any existing facilities, including tax-supported hospitals and charitable clinics so far as the same may be available, and shall use the financial eligibility criteria established for the standard of need developed by the county pursuant to section 68-126.
A county board may transfer funds designated for public assistance to the Department of Health and Human Services for purposes of payments to providers who serve eligible recipients of medical assistance or low-income uninsured persons and meet federal and state disproportionate-share payment requirements pursuant to subdivision (2)(c) of section 68-910.
Notes of Decisions
Cnty. of Lancaster v. Cnty. of Custer, 985 N.W.2d 612 (Neb. 2023).
· cites it 2× “- 625 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports COUNTY OF LANCASTER V. COUNTY OF CUSTER for other state and federal assistance programs.”
Mary Lanning Mem'l Hosp. v. Clay Cnty., 101 N.W.2d 510 (Neb. 1960).
· cites it 19× “See § 68-104, R. S. 1943. Generally we have held, in the absence of such express provisions, that when there is opportunity to consult local authorities, previous authorization for rendering such services must be secured from those who have authority to dispense such charities…”
Salts v. Lancaster Cnty., 697 N.W.2d 289 (Neb. 2005).
· cites it 4× “See Neb. Rev. Stat. §§ 68-104 to 68-156 (Reissue 2003).”
Creighton-Omaha Reg'l Health Care Corp. v. Douglas Cnty., 277 N.W.2d 64 (Neb. 1979).
· cites it 3× “The defendant relies upon section 68-104, R. R. S. 1943, which provides as follows: “The county board of each county shall be the overseers of the poor and are vested with the *690 entire and exclusive superintendence of the poor in such county; Provided, the county board may…”
Hansen v. Chase, No. 8:19-cv-00202 (D. Neb. Feb. 18, 2020).
· cites it 8× “) 1 Plaintiff references Neb. Rev. Stat. §§ 68-104 , -126, -131 to -134, and -147 (Westlaw 2020).”
Hansen v. Keifer, No. 8:20-cv-00373 (D. Neb. Feb. 1, 2021).
· cites it 2× “SUMMARY OF COMPLAINT Plaintiff complains that Defendant James Keifer, a member of the Nuckolls County Board of Commissioners, failed to send Plaintiff an application for county general assistance under Neb. Rev. Stat. § 68-104 , et seq. (Westlaw 2021), in order to secure funds…”
Goodwin v. Melissa, No. 4:21-cv-03050 (D. Neb. Apr. 7, 2021).
· cites it 2× “Under Nebraska’s general assistance statutes, Neb. Rev. Stat. § 68-104 et seq., the counties have an obligation to provide assistance to indigent persons, and must provide notice and a hearing to persons whose applications for assistance are denied, or whose continuing…”
Goodwin v. Melissa, No. 4:21-cv-03050 (D. Neb. June 1, 2021).
· cites it 2× “Under Nebraska’s general assistance statutes, Neb. Rev. Stat. § 68-104 et seq., the counties have an obligation to provide assistance to indigent persons, and must provide notice and a hearing to persons whose applications for assistance are denied, or whose continuing…”
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