# Nebraska LB77: Adopt the Ensuring Transparency in Prior Authorization Act and provide for insurance and medicaid coverage of biomarker testing Nebraska LB77, Adopt the Ensuring Transparency in Prior Authorization Act and provide for insurance and medicaid coverage of biomarker testing, is a 109th Legislature 1st and 2nd Sessions legislature bill sponsored by Eliot Bostar; status signed, last action 2025-06-06 (Provisions/portions of LB253 amended into LB77 by AM1187); PRIA reads it as touching household money (as of 2026-10-17). - Canonical: https://policyrisk.com/state-bill/NE-LB77-109 - As of: 2026-10-17 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Nebraska LB77 - State: Nebraska - Session: 109th Legislature 1st and 2nd Sessions - Title: Adopt the Ensuring Transparency in Prior Authorization Act and provide for insurance and medicaid coverage of biomarker testing - Status: signed - Chamber: legislature - Introduced: 2025-01-09 - Last action: 2025-06-06, Provisions/portions of LB253 amended into LB77 by AM1187 - Sponsor: Eliot Bostar - Cosponsors: 0 - Subjects: Banking, Commerce and Insurance Committee - Touches household money: yes - Roll calls: 6 (209 yes, 2 no in all) - Economic provisions PRIA read: 5 ## Summary No summary available. ## Bill overview: provisions PRIA read - Medicaid covers biomarker tests by 2028: benefit, medium. By January 1, 2028, Nebraska Medicaid covers biomarker tests used to diagnose, treat, manage, or monitor listed conditions, for transplants, or for pharmacogenomic uses. Coverage applies when clinical usefulness is shown by FDA labeling or warnings, CMS national or local coverage decisions, or nati… - Private plans must cover biomarker tests: benefit, medium. Starting January 1, 2028, health insurance policies issued or renewed in Nebraska cover biomarker tests when used to diagnose, treat, manage, or monitor listed conditions, for transplants, or for pharmacogenomic uses. The test must be supported by FDA labeling or warnings, CMS coverage decisions, o… - Doctors must review denials and appeals: benefit, low. Beginning January 1, 2026, a physician or qualified clinical peer with an active U.S. license must make prior-authorization denials, under a physician medical director. Denial notices must give the reason and cite the clinical criteria. Providers may request a discussion within three business days;… - Faster prior authorization with firm deadlines: benefit, low. The Department of Insurance approves one two-page prior-authorization form for drugs and equipment and one for other services by November 1, 2025. Starting January 1, 2026, providers use these forms and agents must accept them, unless an agent adopts an approved electronic method and gives 90 days’… - Insurers must post prior authorization rules online: benefit, low. Starting January 1, 2026, utilization review agents must post all prior-authorization rules, restrictions, and written clinical criteria on a public website. The online information must be accurate and kept current, and it must be searchable by July 1, 2027. Agents must update the website before an… ## Sponsors and cosponsors - Sponsor: Eliot Bostar, Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-05-30 | legislature | Final Reading | pass | 46 | 2 | | | 2025-05-09 | legislature | Vote | fail | 31 | 0 | 18 | | 2025-05-09 | legislature | Vote | fail | 32 | 0 | 17 | | 2025-05-09 | legislature | Vote | fail | 37 | 0 | 12 | | | legislature | Vote | fail | 31 | 0 | 18 | | | legislature | Vote | fail | 32 | 0 | 17 | ## Actions (21) - 2025-06-06: Provisions/portions of LB253 amended into LB77 by AM1187 (legislature) - 2025-06-04: Approved by Governor on June 4, 2025 (legislature) - 2025-05-30: Presented to Governor on May 30, 2025 (legislature) - 2025-05-30: President/Speaker signed (legislature) - 2025-05-30: Passed on Final Reading 46-2*-1 (legislature) - 2025-05-30: Dispensing of reading at large approved (legislature) - 2025-05-27: Placed on Final Reading (legislature) - 2025-05-21: Advanced to Enrollment and Review for Engrossment (legislature) - 2025-05-21: Enrollment and Review ER86 adopted (legislature) - 2025-05-14: Enrollment and Review ER86 filed (legislature) - 2025-05-14: Placed on Select File with ER86 (legislature) - 2025-05-09: Advanced to Enrollment and Review Initial (legislature) - 2025-05-09: Banking, Commerce and Insurance AM1187 adopted (legislature) - 2025-05-09: Bostar AM1261 adopted (legislature) - 2025-05-08: Bostar AM1261 to AM1187 filed (legislature) - 2025-04-28: Banking, Commerce and Insurance AM1187 filed (legislature) - 2025-04-28: Placed on General File with AM1187 (legislature) - 2025-03-17: Speaker priority bill (legislature) - 2025-01-27: Notice of hearing for February 10, 2025 (legislature) - 2025-01-13: Referred to Banking, Commerce and Insurance Committee (legislature) - 2025-01-09: Date of introduction (legislature) ## Bill text - Introduced, 2025-01-09: [PDF](https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB77.pdf) - Enrolled / Slip Law: [PDF](https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB77.pdf) - Final / Enacted: [PDF](https://nebraskalegislature.gov/FloorDocs/109/PDF/Final/LB77.pdf) ## Related bills - LB468: Change provisions relating to inheritance taxes, change certain fee and tax provisions, and eliminate a sales tax exemption relating to data centers (failed) - LB13: Require the Department of Health and Human Services to file a state plan amendment relating to child care (failed) - LB677: Change provisions of the Nebraska Medical Cannabis Regulation Act and provide for regulation of medical cannabis (failed) - LB170: Eliminate the sales tax exemptions for candy and soft drinks (failed) - LB646: Provide an exemption from brand inspections and change fees under the Livestock Brand Act (failed) - LB714: Change provisions relating to motor vehicle taxes and fees (failed) ## Sources - [Introduced (PDF)](https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB77.pdf) - [Enrolled / Slip Law (PDF)](https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB77.pdf) - [Final / Enacted (PDF)](https://nebraskalegislature.gov/FloorDocs/109/PDF/Final/LB77.pdf) ## Related - [LB468: Change provisions relating to inheritance taxes, change certain fee and tax pro…](https://policyrisk.com/state-bill/NE-LB468-109) - [LB13: Require the Department of Health and Human Services to file a state plan amendm…](https://policyrisk.com/state-bill/NE-LB13-109) - [LB677: Change provisions of the Nebraska Medical Cannabis Regulation Act and provide f…](https://policyrisk.com/state-bill/NE-LB677-109) - [LB170: Eliminate the sales tax exemptions for candy and soft drinks](https://policyrisk.com/state-bill/NE-LB170-109) - [LB646: Provide an exemption from brand inspections and change fees under the Livestock…](https://policyrisk.com/state-bill/NE-LB646-109) - [LB714: Change provisions relating to motor vehicle taxes and fees](https://policyrisk.com/state-bill/NE-LB714-109) - [Nebraska bills](https://policyrisk.com/states/nebraska/bills) - [Nebraska state hub](https://policyrisk.com/states/nebraska) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/NE-LB77-109 (as of 2026-10-17).