How to start a private duty nursing agency in Nebraska

Nebraska requires a Home health agency license (DHHS Division of Public Health) for agencies; individual private-duty nurses need RN/LPN licensure from Nebraska DHHS — Division of Public Health (licensure); Medicaid and Long-Term Care (enrollment) to operate a private duty nursing agency.

License required

Yes

License

Home health agency license (DHHS Division of Public Health) for agencies; individual private-duty nurses need RN/LPN licensure

Issuing agency

Nebraska DHHS — Division of Public Health (licensure); Medicaid and Long-Term Care (enrollment)

Regulation

471 NAC 9 (Home Health Services, including private-duty nursing) — draft revision

1. Agency route: hold a DHHS home health license and Medicare home health participation, then enroll with Nebraska Medicaid
2. Individual route: enroll as a private-duty RN or LPN licensed by DHHS (or the state of practice)
3. Complete Form MS-81 (certification and plan of care for private-duty nursing) and obtain authorization
4. Document visits in the Electronic Visit Verification system

Staffing

• Nurses licensed as RNs or LPNs
• When several nurses serve one client, one is designated coordinator

Program

Nebraska Medicaid (Heritage Health managed care), Division of Medicaid & Long-Term Care, Nebraska DHHS

Enrollment portal

Maximus Provider Data Management System (PDMS)

Fiscal agent

Maximus is the enrollment and screening contractor. DHHS's page sends fee-for-service claim questions to Nebraska DHHS Medicaid Claims Customer Service and names no separate claims fiscal agent.

Application fee

Under the federal rule (42 CFR 455.460), institutional providers pay the CMS application fee when they first enroll, re-enroll or revalidate. The fee is $750 for calendar year 2026. Individual physicians and non-physician practitioners do not pay it. A fee already paid to Medicare or to another state's Medicaid program counts. Nebraska's screening and enrollment page does not list a separate state fee. The $55 fingerprint check is a separate cost (see fingerprinting).

Fingerprinting

Provider types that fall in the 'high risk' level of the Nebraska Medicaid Provider Risk Level list must complete a Fingerprint Criminal Background Check, both at enrollment and at revalidation. DHHS Provider Relations sends the packet. The check costs $55 through the Nebraska State Patrol; other fingerprint sites may add a fee. Under federal rules (42 CFR 455.434 and 455.450), the state places provider types in 'limited', 'moderate' or 'high' risk levels. High-risk providers, and anyone who owns 5% or more of one, must submit fingerprints for a criminal background check.

Site visit

Under federal rule (42 CFR 455.432), the state must visit moderate- and high-risk providers before and after enrollment. Every enrolled provider must allow unannounced on-site inspections. Nebraska's enrollment page does not describe a state-specific site visit process.

Revalidation

Every 5 years from the date of first enrollment. Maximus emails a notice as early as 180 days before the due date and sends reminders after that. The provider logs into PDMS, updates the record and submits it. Federal rule (42 CFR 455.414) requires the state to revalidate every enrolled provider at least once every 5 years.

Full Nebraska Medicaid enrollment guide →

CON program

Yes

Program

Certificate of Need (Nebraska Health Care Certificate of Need Act)

Agency

Nebraska Department of Health and Human Services

Services covered

• new long-term care beds (nursing facility beds)
• long-term care bed increases above 10 beds or 10% (whichever is less) over two years
• new rehabilitation beds and rehabilitation bed increases above 10 beds or 10% over two years
• hospital conversion of beds to long-term care or rehabilitation beds above the same limits

Moratoria

All long-term care beds that need a CON are under a statutory moratorium unless an exception applies, such as a department finding that individuals with complex or intensive care needs are underserved (Neb. Rev. Stat. §71-5829.04). All rehabilitation beds that need a CON are under a moratorium unless statewide rehabilitation occupancy exceeded 90% for the last three consecutive quarters, or a regional occupancy exception applies (§71-5829.06).

Nebraska certificate of need details →

Model

hybrid

State vendor

Netsmart

Services in scope

• personal care
• consumer-directed services
• home health

Alternate EVV allowed

Yes

Program

https://dhhs.ne.gov/Pages/Electronic-Visit-Verification.aspx

Nebraska EVV requirements →

State minimum wage

$15.00 an hour

Effective

2026-01-01

Scheduled increases

LB 258 (approved 2026-02-09) changed the annual adjustment that starts 2027-01-01 and lets employers pay a $13.50 youth/training wage. The Nebraska DOL must publish the 2027 rate by 2026-10-15; it was not yet found.

HCBS 80/20 rule

Federal baseline: 42 CFR 441.302(k) requires the state to show that each provider spends at least 80% of Medicaid payments for homemaker, home health aide and personal care services under 1915(c) waivers on direct care worker pay and benefits. Compliance starts 2030-07-09 (for managed care, the first rating period starting on or after that date); annual payment-adequacy reporting under 441.311(e) starts 2028-07-09. A state may set a lower share for state-defined small providers and exempt providers facing hardship, each only through a public notice-and-comment process. The eCFR text has not changed since 2024-07-09. No state-published 80/20 implementation step (small-provider criteria, hardship exemption or reporting guidance) was found for this state in the official sources reviewed.

Nursing care agencies (private duty nursing) — active organization NPIs (NPPES)

48 (as of Sep 13, 2026)

Total Medicaid and CHIP enrollment (latest reported month)

330,435 (as of Jun 1, 2026)

All Nebraska Private duty nursing Medicaid rates, ranked →

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