Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-7609 Stop-loss insurance policy; requirements.
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(1) A multiple employer welfare arrangement offering a health benefit plan that is not fully insured shall be a named insured under a stop-loss insurance policy that provides coverage in excess of the multiple employer welfare arrangement's retention of one hundred twenty-five pe…
Neb. Rev. Stat. § 44-761 Group sickness and accident insurance; required provisions.
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Each group policy of sickness and accident insurance shall contain in substance the following provisions: (1) A provision that the policy, the application of the policyholder if such application or copy thereof is attached to such policy, and the individual applications, if any, …
Neb. Rev. Stat. § 44-7610 Assessments authorized.
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If the assets of, and stop-loss insurance policy issued to, a multiple employer welfare arrangement are at any time insufficient to pay claims made against a health benefit plan, discharge liabilities and obligations relating to health benefit plan claims, and maintain adequate r…
Neb. Rev. Stat. § 44-7611 Termination; liability.
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Any participating employer that voluntarily terminates its participation in the multiple employer welfare arrangement or that is involuntarily terminated by the multiple employer welfare arrangement shall remain liable subsequent to the date of termination for all contractual obl…
Neb. Rev. Stat. § 44-7612 Coverage notification; summary plan description; claim or appeal denial notice; statement required.
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(1) A multiple employer welfare arrangement shall notify in writing each participating employer and each covered individual applying for coverage by the multiple employer welfare arrangement that a health benefit plan provided by the multiple employer welfare arrangement is not: …
Neb. Rev. Stat. § 44-7613 Annual financial statement; fee; actuarial statement; certificate of compliance.
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(1) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, each multiple employer welfare arrangement holding a certificate of registration shall file with the director a financial statement, attested to by at l…
Neb. Rev. Stat. § 44-7614 Disciplinary action.
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(1) After notice and a hearing conducted pursuant to the Administrative Procedure Act, the director may suspend or revoke a certificate of registration or may impose an administrative fine not to exceed one thousand dollars per violation, or any combination of actions, if the dir…
Neb. Rev. Stat. § 44-7615 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Multiple Employer Welfare Arrangement Act.
Neb. Rev. Stat. § 44-7616 Offering of plan; how construed.
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(1) The offering of a health benefit plan by any multiple employer welfare arrangement shall not be deemed transacting business as an insurer, association, or exchange, except as specifically set forth in the Multiple Employer Welfare Arrangement Act. The insurance laws of this s…
Neb. Rev. Stat. § 44-7617 Act; applicability.
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(1) Except as provided in subsection (2) of this section, the Multiple Employer Welfare Arrangement Act shall apply to multiple employer welfare arrangements offering health benefit plans on or after July 20, 2002. (2) The Multiple Employer Welfare Arrangement Act shall apply to …
Neb. Rev. Stat. § 44-7618 Compliance with provisions of federal law, required; trust; surplus; amount required.
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(1) A multiple employer welfare arrangement that provides health care coverage to self-employed individuals shall comply with the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111…
Neb. Rev. Stat. § 44-762 Blanket sickness and accident insurance, defined.
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Blanket sickness and accident insurance is hereby declared to be that form of sickness and accident insurance covering special groups of persons as enumerated in one of the following subsections (1) to (5): (1) Under a policy or contract issued to any common carrier, which shall …
Neb. Rev. Stat. § 44-763 Blanket sickness and accident insurance; individual application not required; individual certificate unnecessary.
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An individual application shall not be required from a person covered under a blanket policy or contract of sickness and accident insurance nor shall it be necessary for the insurer to furnish each person a certificate.
Neb. Rev. Stat. § 44-764 Blanket sickness and accident insurance; benefits, how payable.
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All benefits under any blanket policy of sickness and accident insurance shall be payable to the person insured, to his or her designated beneficiary or beneficiaries, or to his or her estate, except that if the person insured is minor, such benefits may be made payable to his or…
Neb. Rev. Stat. § 44-765 Blanket sickness and accident insurance; legal liability of policyholders not affected.
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Nothing contained in sections 44-762 to 44-765 shall be deemed to affect the legal liability of policyholders for the death of or injury to, any such member of such group.
Neb. Rev. Stat. § 44-766 Sickness and accident insurance; wrongful delivery of policy; violations; penalties; appeal.
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Any person, partnership, limited liability company, or corporation who or which willfully delivers or issues for delivery in this state any policy of sickness and accident insurance on a form which has been disapproved by the Director of Insurance or willfully violates any provis…
Neb. Rev. Stat. § 44-767 Sickness and accident insurance; other insurance not affected.
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Nothing in sections 44-709 to 44-767 shall apply to or affect (1) any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary coverage therein, (2) any policy or contract of reinsurance, or (3) life insurance, endowment or annu…
Repealed. Laws 1969, c. 359, § 33.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-769 Legislative findings; alcoholism insurance.
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The Legislature hereby declares and finds that alcoholism is a disease which, if untreated, is highly disruptive of family life and employment and costs the state, its political subdivisions, insurers, employers, and taxpayers millions of dollars annually because of highway death…
Neb. Rev. Stat. § 44-770 Definitions, sections found.
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For purposes of sections 44-769 to 44-781, unless the context otherwise requires, the definitions found in sections 44-771 to 44-778 shall be used.
Neb. Rev. Stat. § 44-7701 Act, how cited.
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Sections 44-7701 to 44-7712 shall be known and may be cited as the Model Act Regarding Use of Credit Information in Personal Insurance.
Neb. Rev. Stat. § 44-7702 Purpose of act.
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The purpose of the Model Act Regarding Use of Credit Information in Personal Insurance is to regulate the use of credit information for personal insurance, so that consumers are afforded certain protections with respect to the use of such information.
Neb. Rev. Stat. § 44-7703 Act; applicability.
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The Model Act Regarding Use of Credit Information in Personal Insurance applies to personal insurance and not to commercial insurance. For purposes of the act, personal insurance means private passenger automobile, homeowners, motorcycle, autocycle, mobile homeowners, noncommerci…
Neb. Rev. Stat. § 44-7704 Terms, defined.
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For purposes of the Model Act Regarding Use of Credit Information in Personal Insurance: (1) Adverse action means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance…
Neb. Rev. Stat. § 44-7705 Insurer; credit information; prohibited acts.
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An insurer authorized to do business in Nebraska that uses credit information to underwrite or rate risks shall not: (1) Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a …
Neb. Rev. Stat. § 44-7706 Credit information; notice; insurer; duties.
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If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, as such act existed on January 1, 2003, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives n…
Neb. Rev. Stat. § 44-7707 Disclosures; required.
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(1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in conn…
Neb. Rev. Stat. § 44-7708 Adverse action; notice requirements.
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If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of both subdivisions (1) and (2) of this section. Such insurer shall: (1) Provide notification to the consumer that an adverse action has been taken, in accordance w…
Neb. Rev. Stat. § 44-7709 Scoring models or processes; filing.
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Insurers that use insurance scores to underwrite and rate risks shall file their scoring models or other scoring processes with the Department of Insurance. A third party may file scoring models on behalf of insurers. A filing that includes insurance scoring may include loss expe…
Neb. Rev. Stat. § 44-771 Hospital, defined.
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Hospital shall mean an institution licensed as a hospital by the Department of Health and Human Services and defined in section 71-419.
Neb. Rev. Stat. § 44-7710 Indemnification of insurance producers.
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An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurance producer who obtains or uses credit information or insurance scores for an insurer if the i…
Neb. Rev. Stat. § 44-7711 Consumer reporting agency; prohibited acts.
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(1) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such inform…
Neb. Rev. Stat. § 44-7712 Applicability of act.
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The Model Act Regarding Use of Credit Information in Personal Insurance applies to personal insurance policies either written to be effective or renewed on or after nine months after August 31, 2003.
Neb. Rev. Stat. § 44-772 Substance abuse treatment center, defined.
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Substance abuse treatment center shall mean an institution licensed as a substance abuse treatment center by the Department of Health and Human Services, which provides a program for the inpatient or outpatient treatment of alcoholism pursuant to a written treatment plan approved…
Neb. Rev. Stat. § 44-773 Outpatient program, defined.
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Outpatient program shall refer to a program which is licensed or certified by the Department of Health and Human Services or the Division of Behavioral Health of the Department of Health and Human Services to provide specified services to persons suffering from the disease of alc…
Neb. Rev. Stat. § 44-774 Certified, defined.
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Certified shall mean approved by the Division of Behavioral Health of the Department of Health and Human Services to render specific types or levels of care to the person suffering from the disease of alcoholism.
Neb. Rev. Stat. § 44-775 Accredited, defined.
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Accredited shall mean accredited to render specific types or levels of care according to the Accreditation Manual for Alcoholism Programs of the Joint Commission of Accreditation of Hospitals.
Neb. Rev. Stat. § 44-776 Primary treatment, defined.
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Primary treatment shall mean inpatient treatment rendered in a structured and scheduled setting to prevent further ingestion of alcoholic beverages, to relieve the pain of the withdrawal syndrome, and to provide intensive therapy or rehabilitation, when such treatment is rendered…
Neb. Rev. Stat. § 44-777 Outpatient treatment, defined.
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Outpatient treatment shall mean counseling and therapy provided on a nonresidential basis when such treatment is rendered in or through a hospital, a substance abuse treatment center, or an outpatient program which is certified or accredited to render such care.
Neb. Rev. Stat. § 44-778 Basic coverage for treatment of alcoholism, defined.
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Basic coverage for treatment of alcoholism shall mean coverage for primary and outpatient treatment consisting of not less than (1) thirty days of inpatient coverage for the primary treatment of alcoholism in any three-hundred-sixty-five-day benefit period with at least two such …
Neb. Rev. Stat. § 44-779 Group sickness and accident insurance; coverage for the treatment of alcoholism; requirements.
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After January 1, 1981, all policies or contracts of group sickness and accident insurance written or issued by insurance companies and all group contracts or certificates written or issued by a health maintenance organization as to which there is a premium change or which are del…
Neb. Rev. Stat. § 44-780 Basic coverage for treatment of alcoholism; when considered available.
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An insurance company or health maintenance organization will be considered to be providing basic coverage for treatment of alcoholism if it makes benefits available for the treatment described in section 44-778 on terms involving durational limits, dollar limits, deductibles, and…
Neb. Rev. Stat. § 44-7801 Interstate Insurance Product Regulation Compact; ratification.
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The State of Nebraska ratifies the following Interstate Insurance Product Regulation Compact: Article I. PURPOSES The purposes of this Compact are, through means of joint and cooperative action among the Compacting States: 1. To promote and protect the interest of consumers of in…
Neb. Rev. Stat. § 44-7802 Representative of state.
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The Director of Insurance is hereby designated to serve as the representative of this state to the Interstate Insurance Product Regulation Commission.
Neb. Rev. Stat. § 44-781 Coverage for treatment of alcoholism; benefits available.
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An insurance company or health maintenance organization which does not provide basic coverage for treatment of alcoholism may nevertheless provide different or lesser benefits. Nothing in sections 44-769 to 44-781 is intended to limit any insurance company or health maintenance o…
Neb. Rev. Stat. § 44-782 Health insurance provider; coverage of mental or nervous disorders; requirements.
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No insurance company, health maintenance organization, or other health insurance provider shall deny payment for treatment of mental or nervous disorders under a policy, contract, certificate, or other evidence of coverage issued or delivered in Nebraska on the basis that the hos…
Neb. Rev. Stat. § 44-783 Health insurance insurer; choice of pharmacy; limitation; when.
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(1) If any insurer authorized to transact the business of health insurance in this state reasonably determines that an insured's utilization of prescription medications has been excessive and has not been medically necessary as defined by the insured's coverage, the insurer may r…
Neb. Rev. Stat. § 44-784 Coverage for childhood immunizations; requirements.
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Notwithstanding section 44-3,131, any expense-incurred group sickness and accident insurance policy, certificate, or subscriber contract delivered, issued for delivery, or renewed after January 1, 1995, or any expense-incurred individual sickness and accident insurance policy, ce…
Neb. Rev. Stat. § 44-785 Coverage for screening mammography, digital breast tomosynthesis, bilateral whole breast ultrasound, and diagnostic magnetic resonance imaging; requirements.
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(1) Notwithstanding section 44-3,131, (a) any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for policies that provid…
Neb. Rev. Stat. § 44-786 Obstetricians/gynecologists as primary care physicians; requirements.
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On or after July 1, 1996, any entity which offers any individual or group sickness and accident insurance policy, subscriber contract, health maintenance organization contract, or hospital, medical, or surgical expense-incurred policy which is delivered, issued for delivery, or r…