Senate adopts committee amendment adding safeguards to Medicaid waiver assessments

Senator Mikaela Kavanaugh opened LB 9‑58 and the committee amendment AM 27‑66, which the Health and Human Services Committee advanced with unanimous committee support. The amendment removes some of the bill's original provisions and focuses on operational safeguards for 1915(c) waiver assessments: training assessors in clinical interviewing, requiring individualized assessment of medical necessity and ensuring services are sufficient in amount, duration and scope to avoid unnecessary institutionalization.

Kavanaugh said AM 27‑66 includes reporting requirements directing the Department of Health and Human Services to submit implementation reports to the Legislature, the Ombudsman and the oversight committee by Aug. 1, 2026 and Aug. 1, 2027. She also noted the amendment incorporates LB 7‑77 language to maintain the maximum amount of retroactive Medicaid coverage permitted under federal law.

Senators from across the floor expressed support, saying the bill balances modernization of assessment tools with protections for waiver participants. After debate, the body adopted AM 27‑66 (recorded as 43 ayes, 0 nays) and advanced LB 9‑58 to E & R initial (45 ayes, 0 nays on record).

Supporters said the amendment reflected collaboration with the governor's office and the department and that it should not create a fiscal impact; opponents in committee had raised concerns that were addressed in the revised language. Sponsor and committee leaders said the safeguards preserve necessary services for people on A & D waivers while allowing the department to modernize assessment processes.

The bill now advances in the legislative process with reporting milestones that will produce oversight data for subsequent review.