Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-407.19 Contracts; maturity date; determination.
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For the purpose of determining the benefits calculated under sections 44-407.17 and 44-407.18, in the case of annuity contracts under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest dat…
Neb. Rev. Stat. § 44-407.20 Benefits not equal to minimum nonforfeiture amount; statement; when.
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Any contract which does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that such benefits ar…
Neb. Rev. Stat. § 44-407.21 Benefits; available other than on contract anniversary; how calculated.
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Any paid-up annuity, cash surrender or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations bey…
Neb. Rev. Stat. § 44-407.22 Contract which provides excess benefits; additional benefits; how treated.
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For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum…
Neb. Rev. Stat. § 44-407.23 Company; when subject to law.
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(1) After August 24, 1979, any company may file with the Department of Insurance a written notice of its election to comply with the provisions of sections 44-403, 44-407.08 to 44-407.23, and 44-8907 after a specified date before the second anniversary of August 24, 1979. After t…
Neb. Rev. Stat. § 44-407.24 Policies issued on or after operative date of law; adjusted premiums; present values; how calculated; filing of election.
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(1) This section shall apply to all policies issued on or after the operative date of this section as defined herein. Except as provided in subsection (7) of this section, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percen…
Neb. Rev. Stat. § 44-407.25 Life insurance; future premiums; benefits; approval of plan by department.
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In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurance company based on then estimates of future experience, or in the case of any plan of life insurance which is of such a nature that …
Neb. Rev. Stat. § 44-407.26 Policies issued on or after January 1, 1985; cash surrender value; nonforfeiture benefits; determination.
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This section, in addition to all other applicable provisions of sections 44-407 to 44-407.06, 44-407.08, 44-407.09, 44-407.24 to 44-407.26, and 44-8907, shall apply to all policies issued on or after January 1, 1985. Any cash surrender value available under the policy in the even…
Neb. Rev. Stat. § 44-408 Life insurance companies; ascertainment of condition; assets and liabilities; what considered.
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In ascertaining the condition of any life insurance company, it shall be allowed as assets only such investments, cash, and accounts as are authorized by the laws of this state or of the state or country in which it is organized at the date of examination. There shall be charged …
Neb. Rev. Stat. § 44-409 Domestic sickness and accident insurance companies; assets and liabilities.
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In ascertaining the condition of a domestic sickness and accident insurance company, it shall be allowed as assets only such investments, cash, and accounts as are authorized by the laws of this state at the date of the examination. In ascertaining its liabilities, there shall be…
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-4101 Definitions, where found.
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For the purposes of sections 44-4101 to 44-4113, unless the context otherwise requires, the definitions found in sections 44-4102 to 44-4107 shall be used.
Neb. Rev. Stat. § 44-4102 Insured, defined.
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Insured shall mean any individual resident of Nebraska eligible to receive benefits from any insurer or insurance arrangement.
Neb. Rev. Stat. § 44-4103 Insurer, defined.
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Insurer shall mean any insurance company as defined in section 44-103, fraternal benefit society as described in section 44-1072, prepaid dental service plan as defined in section 44-3802, or health maintenance organization as defined in section 44-32,105 authorized to transact h…
Neb. Rev. Stat. § 44-4104 Insurance arrangement, defined.
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Insurance arrangement shall mean any plan, program, contract, or combination thereof, or other arrangement under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust, third-party administr…
Neb. Rev. Stat. § 44-4105 Participant or participant in an insurance arrangement, defined.
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Participant or participant in an insurance arrangement shall mean any employer, union, or other organization providing health care services or benefits to its employees or members through an insurance arrangement.
Neb. Rev. Stat. § 44-4106 Preferred providers, defined.
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Preferred providers shall mean providers of health services who agree to furnish services in a manner reasonably expected to contain or lower costs by contracting with insurers and participants in insurance arrangements or an insurer or participant organized as a provider of heal…
Neb. Rev. Stat. § 44-4107 Prospective reimbursement, defined.
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Prospective reimbursement shall mean a system whereby provider rates are established prior to the period to which they apply and the provider incurs financial risk for costs in excess of the predetermined rates.
Neb. Rev. Stat. § 44-4108 Legislative findings.
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The Legislature hereby finds that health care services should be provided at the most favorable prices and that competition for health services should be promoted while ensuring the quality of health services provided to the patient.
Neb. Rev. Stat. § 44-4109 Preferred provider insurance arrangements; authorized.
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An insurer or a participant in an insurance arrangement may enter into contracts to purchase health services on a bid or negotiated basis with health providers at alternative rates of reimbursement and offer such benefit to insureds. Such insurers and participants in insurance ar…
Neb. Rev. Stat. § 44-4109.01 Policies or contracts; requirements.
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Policies or contracts authorized by sections 44-4109 and 44-4110 are subject to the following requirements: (1) A prospective insured shall be provided information about the terms and conditions of the insurance arrangement to enable him or her to make an informed decision about …
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-4110 Development of preferred provider organizations; conditions.
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All providers of health services in Nebraska may develop preferred provider organizations and contract with insurers and participants in insurance arrangements if such providers have met all licensure and certification requirements necessary to practice a specific profession or t…
Neb. Rev. Stat. § 44-4110.01 Confidential information; disclosure prohibited; exception.
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Any data or information pertaining to the diagnosis, treatment, or health of any insured or applicant obtained from such person or from any provider by any preferred provider organization shall be held in confidence and shall not be disclosed to any person except (1) upon the exp…
Neb. Rev. Stat. § 44-4110.02 Health care review committee; preferred provider organization; exemption from liability.
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A person who, in good faith and without malice, takes any action or makes any decision or recommendation as a member, agent, or employee of a health care review committee or who furnishes any records, information, or assistance to such a committee shall not be subject to liabilit…
Neb. Rev. Stat. § 44-4110.03 Health care review committee; information and records; confidentiality.
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(1) The information considered by a health care review committee and the records of their actions and proceedings shall be confidential and not subject to subpoena or order to produce except in proceedings before the appropriate state licensing or certifying agency or in an appea…
Neb. Rev. Stat. § 44-4111 Contracts with preferred providers; procedure; discrimination prohibited.
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(1) Insurers and participants may contract for health services with preferred providers through a process of competitive bidding or through individual negotiations with preferred providers. After completion of such bidding process or individual negotiations, an insurer or partici…
Neb. Rev. Stat. § 44-4112 Mandated providers; opportunity to bid, contract, provide services.
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Mandated types of providers whose services are required to be made available to insureds pursuant to section 44-513 shall, to the extent required by such section, have the same opportunity to bid and negotiate contracts for health services as a preferred provider or to provide he…
Neb. Rev. Stat. § 44-4113 Use of nonpreferred providers; effect.
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Insurers and participants in insurance arrangements shall provide for payment for services rendered by nonpreferred providers or providers who have not negotiated a contract with the insurer or participants in the insurance arrangement. Insureds under an insurance arrangement sha…
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Transferred to section 44-1949.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-414 All other insurance companies; assets and liabilities.
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In ascertaining the assets, liabilities and financial condition of all other insurance companies, not otherwise provided for in sections 44-401 to 44-415, the Department of Insurance shall allow as assets only such investments, cash and accounts, as are authorized by the existing…
Neb. Rev. Stat. § 44-415 Life insurance company; actual premium less than net premium; separate liability of company.
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When the actual premium hereafter charged for an insurance by any life insurance company doing business in this state is less than the net premium for such insurance, computed according to the table of mortality and rate of interest prescribed in section 44-403, such company shal…
Repealed. Laws 2005, LB 119, § 44.
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[Repealed or reserved.]
Repealed. Laws 2005, LB 119, § 44.
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[Repealed or reserved.]
Repealed. Laws 1991, LB 236, § 89.
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[Repealed or reserved.]
Repealed. Laws 2005, LB 119, § 44.
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[Repealed or reserved.]
Repealed. Laws 2005, LB 119, § 44.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-416.05 Reinsurance agreements; purpose of sections.
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The purpose of sections 44-416.05 to 44-416.10 is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally. The Legislature hereby declares its intent is to ensure adequate regulation of insurers and reinsurers and adequate prot…
Neb. Rev. Stat. § 44-416.06 Credit for reinsurance; when allowed; suspension or revocation of accreditation or certification; director; powers; duties; notice; hearing; insurer duties.
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(1) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsection (2), (3), (4), (5), (6), (7), or (8) of this section and any additio…
Neb. Rev. Stat. § 44-416.07 Asset or reduction from liability for reinsurance; limitations; security required.
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An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of section 44-416.06 shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer subject to any additional requ…
Neb. Rev. Stat. § 44-416.08 Qualified United States financial institution, defined.
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(1) For purposes of subdivision (3) of section 44-416.07, qualified United States financial institution means an institution that: (a) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any sta…
Neb. Rev. Stat. § 44-416.09 Rules and regulations.
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(1) The director may adopt and promulgate rules and regulations to carry out sections 44-416.05 to 44-416.10. (2)(a) The director may also adopt and promulgate rules and regulations applicable only to reinsurance arrangements described in subdivision (b) of this subsection. (b) A…
Neb. Rev. Stat. § 44-416.10 Applicability of sections.
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Sections 44-416.05 to 44-416.10 apply to all cessions after September 4, 2005, under reinsurance agreements that have an inception, anniversary, or renewal date not less than six months after September 4, 2005.
Neb. Rev. Stat. § 44-417 Credit for reinsurance; conditions.
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No credits specified in sections 44-416.05 to 44-416.10 shall be made or allowed as an admitted asset or deduction from liability to any ceding insurer for reinsurance unless the contract of reinsurance provides in substance that, in the event of the insolvency of the ceding insu…
Repealed. Laws 1985, LB 299, § 10.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 984, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-420 Actuarial opinions; terms, defined.
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For purposes of sections 44-420 to 44-427: (1) Director shall mean the Director of Insurance; and (2) Qualified actuary shall mean an individual who is a member in good standing of the American Academy of Actuaries and who meets all requirements as determined by the director by r…
Neb. Rev. Stat. § 44-4201 Act, how cited.
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Sections 44-4201 to 44-4235 shall be known and may be cited as the Comprehensive Health Insurance Pool Act.