Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-4615 Network pharmacy or network pharmacist; decline to provide a drug; when; duties; effect.
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(1) A network pharmacy or network pharmacist may decline to provide a drug if the pharmacy or pharmacist will be or is paid less than the acquisition cost for the drug. (2) If a network pharmacy or network pharmacist declines to provide a drug as authorized in subsection (1) of t…
Neb. Rev. Stat. § 44-4616 Retail pharmacy; contract; ancillary delivery services; prohibitions; disclosures.
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(1) A contract between a retail pharmacy and a pharmacy benefit manager or plan sponsor shall not prohibit the retail pharmacy from offering the following as an ancillary service of the retail pharmacy: (a) The delivery of a prescription drug by mail or common carrier to a covere…
Neb. Rev. Stat. § 44-4617 Spread pricing; prohibited, when.
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(1) A contract between a pharmacy benefit manager and a health benefit plan that is issued on or after January 1, 2026, shall not contain spread pricing unless such contract is an extension of a contract entered into prior to January 1, 2026, which included spread pricing. (2) Be…
Neb. Rev. Stat. § 44-4618 340B Contract Pharmacy Protection Act, how cited.
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Sections 44-4618 to 44-4622 shall be known and may be cited as the 340B Contract Pharmacy Protection Act.
Neb. Rev. Stat. § 44-4619 Terms, defined.
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For purposes of the 340B Contract Pharmacy Protection Act: (1) 340B drug means a drug that a 340B entity may purchase at a reduced price pursuant to 42 U.S.C. 256b, as such section existed on January 1, 2025; (2) 340B entity means a covered entity as defined in 42 U.S.C. 256b(a)(…
Neb. Rev. Stat. § 44-4620 Receipt of 340B drug; acts prohibited.
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(1) Any manufacturer, agent or affiliate of such manufacturer, or third-party logistics provider of such manufacturer's drugs shall not, either directly or indirectly, deny, restrict, or prohibit the acquisition of any 340B drug by or delivery of any 340B drug to any location aut…
Neb. Rev. Stat. § 44-4621 Act; enforcement.
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The Attorney General or any county attorney may institute an action in the name of the State of Nebraska for an injunction or other process to restrain or prevent any violation of the 340B Contract Pharmacy Protection Act.
Neb. Rev. Stat. § 44-4622 Act, how construed.
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Nothing in the 340B Contract Pharmacy Protection Act shall be construed or applied to conflict with federal law or any other law of the State of Nebraska, if such law is compatible with applicable federal law.
Neb. Rev. Stat. § 44-4701 Act, how cited.
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Sections 44-4701 to 44-4727 shall be known and may be cited as the Prepaid Limited Health Service Organization Act.
Neb. Rev. Stat. § 44-4702 Terms, defined.
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For purposes of the Prepaid Limited Health Service Organization Act: (1) Director shall mean the Director of Insurance; (2) Enrollee shall mean an individual, including dependents, who is entitled to limited health services pursuant to a contract with an entity authorized to prov…
Neb. Rev. Stat. § 44-4703 Certificate of authority; required.
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No person, corporation, partnership, limited liability company, or other entity may operate a prepaid limited health service organization in this state without obtaining and maintaining a certificate of authority from the director pursuant to the Prepaid Limited Health Service Or…
Neb. Rev. Stat. § 44-4704 Application for certificate of authority; contents.
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An application for a certificate of authority to operate as a prepaid limited health service organization shall be filed with the director on a form prescribed by the director. Such application shall be verified by an officer or authorized representative of the applicant and shal…
Neb. Rev. Stat. § 44-4705 Issuance of certificate of authority; conditions; denial.
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(1) Following receipt of an application filed pursuant to section 44-4704, the director shall review such application and notify the applicant of deficiencies therein. The director shall issue a certificate of authority if the following conditions are met: (a) The requirements of…
Neb. Rev. Stat. § 44-4706 Effect on organizations operating without a certificate of authority.
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Within one hundred eighty days after August 25, 1989, every prepaid limited health service organization operating in this state without a certificate of authority shall submit an application for a certificate of authority to the director. Each such organization may continue to op…
Neb. Rev. Stat. § 44-4707 Filing requirements for authorized entities; disapproval.
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(1) Any entity authorized pursuant to the laws of this state to operate a health maintenance organization, an accident and health insurance company, or a fraternal benefit society and which is not otherwise authorized pursuant to the laws of this state to offer limited health ser…
Neb. Rev. Stat. § 44-4708 Changes in rates or benefits; material modifications; addition of a limited health service; notices; hearing.
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(1) A prepaid limited health service organization shall file with the director prior to use a notice of any change in rates, charges, or benefits and of any material modification of any matter or document furnished pursuant to section 44-4704, together with such supporting docume…
Neb. Rev. Stat. § 44-4709 Evidence of coverage.
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(1) Every subscriber shall be issued an evidence of coverage which shall contain a clear and complete statement of: (a) The services to which each enrollee is entitled; (b) Any limitation of the services, kind of services, or benefits to be provided and exclusions, including any …
Neb. Rev. Stat. § 44-4710 Rates and charges.
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The rates and charges shall be reasonable in relation to the services provided. The director may request a statement from the prepaid limited health service organization describing the appropriateness of the rates and charges.
Neb. Rev. Stat. § 44-4711 Construction with other laws.
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(1) A prepaid limited health service organization shall be subject to the Unfair Insurance Trade Practices Act and the Unfair Insurance Claims Settlement Practices Act. No other provision of Chapter 44 shall apply unless specifically mentioned in the Prepaid Limited Health Servic…
Neb. Rev. Stat. § 44-4712 Nonduplication of coverage.
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Notwithstanding any other law of this state, no prepaid limited health service organization, health maintenance organization, accident and health insurance company, or fraternal benefit society shall be required to include, in any contract or policy issued to a group, any coverag…
Neb. Rev. Stat. § 44-4713 Complaint system.
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Every prepaid limited health service organization shall establish and maintain a complaint system to provide reasonable procedures for the resolution of written complaints initiated by enrollees or providers. This section shall not be construed to preclude an enrollee or a provid…
Neb. Rev. Stat. § 44-4714 Examination of organization.
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(1) The director may make an examination of the affairs of any prepaid limited health service organization as often as is reasonably necessary for the protection of the interests of the people of this state but not less frequently than once every four years. (2) Every prepaid lim…
Neb. Rev. Stat. § 44-4715 Investments.
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The funds of a prepaid limited health service organization shall be invested only in cash, certificates of deposit, or obligations of a state or of the United States.
Neb. Rev. Stat. § 44-4716 Agents.
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No individual may apply, procure, negotiate, or place for others any policy or contract of a prepaid limited health service organization unless that individual holds a license pursuant to the Insurance Producers Licensing Act to sell accident and health insurance policies or heal…
Neb. Rev. Stat. § 44-4717 Provider agreements.
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All contracts with providers or with entities subcontracting for the provision of limited health services to enrollees on a prepayment or other basis shall contain or shall be construed to contain the following terms and conditions: (1) In the event the prepaid limited health ser…
Neb. Rev. Stat. § 44-4718 Equity requirements.
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(1) Each prepaid limited health service organization shall, at all times, have and maintain a tangible net equity at least equal to the greater of (a) fifty thousand dollars or (b) two percent of the organization's annual gross premium income, up to a maximum of the required capi…
Neb. Rev. Stat. § 44-4719 Officers and employees; fidelity bond or deposit.
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(1) A prepaid limited health service organization shall maintain in force a fidelity bond in its own name on its officers and employees in an amount not less than fifty thousand dollars or in any other amount prescribed by the director. Except as otherwise provided by subsection …
Neb. Rev. Stat. § 44-4720 Reports required; contents; fine.
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(1) Every prepaid limited health service organization shall file with the director annually, on or before March 1, a report verified by at least two principal officers covering the preceding calendar year. (2) Such report shall be on forms prescribed by the director and shall inc…
Neb. Rev. Stat. § 44-4721 Suspension or revocation of certificate of authority.
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(1) The director may suspend or revoke any certificate of authority issued to a prepaid limited health service organization pursuant to the Prepaid Limited Health Service Organization Act upon determining that any of the following conditions exists: (a) The prepaid limited health…
Neb. Rev. Stat. § 44-4722 Violations; cease and desist order; penalty.
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In lieu of any penalty specified elsewhere in the Prepaid Limited Health Service Organization Act or when no penalty is specifically provided, whenever any prepaid limited health service organization or other person, corporation, partnership, limited liability company, or entity …
Neb. Rev. Stat. § 44-4723 Supervision, rehabilitation, conservation, or liquidation; proceedings authorized.
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Any supervision, rehabilitation, conservation, or liquidation of a prepaid limited health service organization shall be deemed to be the supervision, rehabilitation, conservation, or liquidation of an insurance company and shall be conducted pursuant to the Nebraska Insurers Supe…
Neb. Rev. Stat. § 44-4724 Fees.
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Every prepaid limited health service organization subject to the Prepaid Limited Health Service Organization Act shall pay to the director the following fees: (1) For filing an application for certificate of authority or amendment thereto, one hundred dollars; (2) For filing a ch…
Neb. Rev. Stat. § 44-4725 Confidentiality; exceptions.
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(1) Any information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person or from any provider by any prepaid limited health service organization and any contract submitted pursuant to the requirements of the Prepaid Limited Heal…
Neb. Rev. Stat. § 44-4726 Taxes.
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The same taxes provided for in section 44-32,180 shall be imposed upon each prepaid limited health service organization, and such organizations also shall be entitled to the same tax deductions, reductions, abatements, and credits that health maintenance organizations are entitle…
Neb. Rev. Stat. § 44-4727 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Prepaid Limited Health Service Organization Act.
Neb. Rev. Stat. § 44-4801 Purpose of act.
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The purpose of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act is to protect the interests of insureds, claimants, creditors, and the public with minimum interference with the normal prerogatives of the owners and managers of insurers through: (1) Early det…
Neb. Rev. Stat. § 44-4802 Act; applicability.
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The proceedings authorized by the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act may be applied to: (1) All insurers who are doing or have done an insurance business in this state and against whom claims arising from that business may exist now or in the futur…
Neb. Rev. Stat. § 44-4803 Terms, defined.
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For purposes of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act: (1) Ancillary state means any state other than a domiciliary state; (2) Creditor means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured…
Neb. Rev. Stat. § 44-4804 Jurisdiction; venue.
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(1) No delinquency proceeding shall be commenced under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act by anyone other than the director, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (2)…
Neb. Rev. Stat. § 44-4805 Injunctions and orders.
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(1) Except as provided in subsection (3) of this section, any receiver appointed in a proceeding under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act may at any time apply for, and the court may grant, such restraining orders, preliminary and permanent inj…
Neb. Rev. Stat. § 44-4806 Cooperation of officers, owners, and employees; violation; penalty.
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(1) Any officer, manager, director, trustee, owner, employee, or agent of any insurer or any other persons with authority over or in charge of any segment of the insurer's affairs shall cooperate with the director in any proceeding under the Nebraska Insurers Supervision, Rehabil…
Neb. Rev. Stat. § 44-4807 Bonds.
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In any proceeding under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, the director and his or her deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of th…
Neb. Rev. Stat. § 44-4808 Insurer subject to delinquency proceedings; restrictions.
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No insurer that is subject to any delinquency proceedings, whether formal, informal, administrative, or judicial, shall (1) be released from such proceeding unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding, (2) be permitted to solicit o…
Neb. Rev. Stat. § 44-4809 Director's orders; supervision proceedings; hearings; violation; civil penalty; court orders.
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(1) Whenever the director has reasonable cause to believe and determines, after a hearing held under subsection (5) of this section, that any domestic insurer has committed or engaged in or is about to commit or engage in any act, practice, or transaction that would subject it to…
Neb. Rev. Stat. § 44-4810 Court; seizure order.
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(1) The director may file in the district court of Lancaster County a petition alleging, with respect to a domestic insurer: (a) That there exist any grounds that would justify a court order for a formal delinquency proceeding against an insurer under the Nebraska Insurers Superv…
Neb. Rev. Stat. § 44-4811 Confidentiality of hearings.
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(1) In all proceedings and judicial review thereof under section 44-4810, all records of the insurer, other documents, all department files, and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential ex…
Neb. Rev. Stat. § 44-4812 Grounds for rehabilitation.
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The director may apply by petition to the district court of Lancaster County for an order authorizing him or her to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (1) The insurer is in such condition that t…
Neb. Rev. Stat. § 44-4813 Rehabilitation orders.
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(1) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this state shall appoint the director and his or her successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insure…
Neb. Rev. Stat. § 44-4814 Director; powers and duties.
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(1) The director as rehabilitator may appoint one or more special deputies who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the director may employ such counsel, clerks, and assistants as deemed necessary. The compensation of…
Neb. Rev. Stat. § 44-4815 Actions; effect of rehabilitation.
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(1) Except as provided in subsection (4) of this section, any court in this state before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or…