Chapter 44 — INSURANCE
2,728 sections in this chapter.
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed. Laws 1989, LB 92, § 278.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-8201 Act, how cited.
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Sections 44-8201 to 44-8218 shall be known and may be cited as the Captive Insurers Act.
Neb. Rev. Stat. § 44-8202 Purposes of act.
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The purposes of the Captive Insurers Act are to set forth the procedures for organizing and regulating the operations of captive insurers within the State of Nebraska and to encourage integrity, financial solvency, and stability of captive insurers for the purpose of promoting th…
Neb. Rev. Stat. § 44-8203 Terms, defined.
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For purposes of the Captive Insurers Act: (1) Affiliated entity means any entity that directly or indirectly controls, is controlled by, or is under common control with a captive insurer; (2) Captive insurer means a domestic insurer authorized under the act to provide insurance a…
Neb. Rev. Stat. § 44-8204 Name.
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No captive insurer shall adopt the name of any existing insurer or any name that may be misleading to the public.
Neb. Rev. Stat. § 44-8205 Certificate of authority; application; fee; plan of operation; filings required; director; powers; subsequent amendments; books and records.
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(1) No person shall transact the business of insurance as a captive insurer without first applying for and obtaining from the director a certificate of authority. An applicant shall submit a nonrefundable application fee of five hundred dollars with a plan of operation which incl…
Neb. Rev. Stat. § 44-8206 Management of business; director or officer; restriction.
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A board of directors or other governing body consisting of not less than three individuals shall manage the business of each captive insurer. The organizational documents or bylaws shall provide for the terms, meetings, and elections of the directors and officers of the governing…
Neb. Rev. Stat. § 44-8207 Certificate of authority; expiration; renewal; fee.
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The certificate of authority issued to a captive insurer shall expire on June 30 of each year. The director shall renew the certificate of authority upon payment of an annual renewal fee of five hundred dollars and all other required fees and the filing of all required reports.
Neb. Rev. Stat. § 44-8208 Report; filing required; form; director; other reports.
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(1) Every captive insurer with a certificate of authority to transact business in this state pursuant to the Captive Insurers Act shall file with the director a report, signed and sworn to by its chief officers, of its financial condition as of the end of each fiscal year. The re…
Neb. Rev. Stat. § 44-8209 Total capital and surplus requirements; director; powers; letter of credit requirements.
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(1) No captive insurer shall be permitted to transact any business in this state unless it maintains total capital and surplus in the amount of at least one hundred thousand dollars in such form as is acceptable to the director. (2) Upon a written finding by the director that the…
Neb. Rev. Stat. § 44-821 Domestic health and accident associations; deposit required.
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No domestic assessment association organized after August 24, 1941, shall be authorized to transact the business of health or accident insurance until it has deposited with the Department of Insurance the sum of ten thousand dollars in cash or securities as described in subdivisi…
Neb. Rev. Stat. § 44-8210 Examinations.
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The director may examine the financial condition, affairs, and management of any applicant or captive insurer pursuant to the Insurers Examination Act.
Neb. Rev. Stat. § 44-8211 Investments; limitation on loans and investments.
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(1) Captive insurers shall be subject to the types and nature of investments as set forth in the Insurers Investment Act, but not subject to any limitations contained in such act as to invested amounts, except that the director may prohibit or limit any investment that threatens …
Neb. Rev. Stat. § 44-8212 Credit for reserves ceded to reinsurer.
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(1) Except as otherwise provided in subsection (2) of this section, any captive insurer authorized to do business in this state may take credit for reserves on risks ceded to a reinsurer pursuant to the provisions of sections 44-416.05 to 44-416.10 and any rules and regulations a…
Neb. Rev. Stat. § 44-8213 Membership in guaranty associations.
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A captive insurer shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association or the Nebraska Life and Health Insurance Guaranty Association. The Nebraska Property and Liability Insurance Guaranty Association Act and the Nebraska Life and Health In…
Neb. Rev. Stat. § 44-8214 Voluntary dissolution; approval of director required; effect of dissolution.
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The director shall approve any voluntary dissolution of a captive insurer if the director determines that all obligations of the captive insurer have been satisfied. The dissolution of a captive insurer shall not impair the right of any person to commence an action against the ca…
Neb. Rev. Stat. § 44-8215 Suspension or revocation of certificate of authority; administrative fine; grounds; notice; hearing; cease and desist order.
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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 authority or may impose an administrative fine not to exceed one thousand dollars per violation, or any combination of such actions, if the d…
Neb. Rev. Stat. § 44-8216 Creation of special purpose financial captive insurers; applicability of section; form of organization; powers; duties; powers of director; limitation on dividends; confidentiality.
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(1) This section provides for the creation of special purpose financial captive insurers to diversify and broaden insurers' access to sources of capital. (2) For purposes of this section: (a) Counterparty means a special purpose financial captive insurer's parent or affiliated en…
Neb. Rev. Stat. § 44-8217 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the Captive Insurers Act.
Neb. Rev. Stat. § 44-8218 Applicability of insurance laws.
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(1) The insurance laws of this state shall not apply to captive insurers except as permitted in the Captive Insurers Act. (2) The following provisions of Chapter 44 apply to captive insurers: (a) The Insurers Examination Act; (b) Sections 44-101, 44-101.01, 44-102, 44-103, 44-114…
Neb. Rev. Stat. § 44-822 Domestic health and accident associations; deposit; use; restoration.
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The deposit required in section 44-821 shall be used only for the payment of indemnities provided in policies issued by the depositor, and only upon a showing of necessity therefor made to the Department of Insurance, and after the approval thereof by the department. Such deposit…
Neb. Rev. Stat. § 44-823 Domestic health and accident associations; reserves; creation.
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Nothing in sections 44-821 to 44-825, or in any law enacted before August 24, 1941, shall be construed to place any limitation upon the right of any assessment association to create reserves for expenses, unearned premiums or claims, or to create a surplus or contingency fund in …
Repealed. Laws 1991, LB 237, § 72.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-825 Foreign health and accident associations; deposit in state of domicile.
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After August 24, 1941, no foreign assessment association shall be authorized to transact the business of accident or health insurance in this state unless it shall have assets on deposit with the insurance department of the state of its domicile in an amount at least equal to the…
Neb. Rev. Stat. § 44-826 Financial plans with other insurers to pool losses; conditions.
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Any assessment association insuring property against fire, windstorm, cyclone, tornado, or other hazard which may be catastrophic, may participate with other insurers in financial plans or pools to protect the participants against excessive losses due to such catastrophes. For su…
Neb. Rev. Stat. § 44-8301 Act, how cited.
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Sections 44-8301 to 44-8316 shall be known and may be cited as the Discount Medical Plan Organization Act.
Neb. Rev. Stat. § 44-8302 Purpose of act.
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The purpose of the Discount Medical Plan Organization Act is to promote the public interest by establishing standards for discount medical plan organizations to protect consumers from unfair or deceptive marketing, sales, or enrollment practices and to facilitate consumer underst…
Neb. Rev. Stat. § 44-8303 Terms, defined.
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For purposes of the Discount Medical Plan Organization Act: (1) Affiliate means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the person specified; (2) Ancillary services includes, but is not …
Neb. Rev. Stat. § 44-8304 Control; presumption.
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Control as used in the Discount Medical Plan Organization Act is presumed to exist if any person, directly or indirectly, owns, holds with the power to vote, or holds proxies representing ten percent or more of the voting securities of any other person. This presumption may be re…
Neb. Rev. Stat. § 44-8305 Applicability of act.
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(1) The Discount Medical Plan Organization Act applies to all discount medical plan organizations doing business in or from this state. (2) A discount medical plan organization that is a health carrier is not required to obtain a certificate of registration under section 44-8306,…
Neb. Rev. Stat. § 44-8306 Certificate of registration; application; fee; director; duties; renewal; application; fee; disciplinary actions; grounds; hearing; cease and desist order; penalty.
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(1) Before doing business in or from this state as a discount medical plan organization, a discount medical plan organization: (a) May transact business in this state under Chapter 21; and (b) Shall obtain a certificate of registration from the director to operate as a discount m…
Neb. Rev. Stat. § 44-8307 Director; examination or investigation; powers; expenses.
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(1) The director may examine or investigate the business and affairs of any discount medical plan organization to protect the interests of the residents of this state based on the following reasons, including, but not limited to, complaint indices, recent complaints, information …
Neb. Rev. Stat. § 44-8308 Charges authorized; right to cancel membership; plan sold in conjunction with other products; duties.
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(1) A discount medical plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount medical plan. (2)(a)(i) If a member cancels his or her membership in the discount medical plan organization within thirty days after the date of re…
Neb. Rev. Stat. § 44-8309 Written provider agreement required; contents; Internet website; information required; toll-free telephone number.
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(1)(a) A discount medical plan organization shall have a written provider agreement with all providers offering medical or ancillary services to its members. The written provider agreement may be entered into directly with the provider or indirectly with a provider network to whi…
Neb. Rev. Stat. § 44-8310 Marketing; written agreement required; approval of advertising; powers of director.
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(1) A discount medical plan organization may market directly or contract with other marketers for the distribution of its product. (2)(a) The discount medical plan organization shall have an executed written agreement with each marketer prior to the marketer's marketing, promotin…
Neb. Rev. Stat. § 44-8311 Communications to prospective members and members; requirements; disclosures required; new member; terms and conditions of plan; information included.
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(1)(a) All advertisements, marketing materials, brochures, discount medical plan cards, and any other communications of a discount medical plan organization provided to prospective members and members shall be truthful and not misleading in fact or in implication. (b) Any adverti…
Neb. Rev. Stat. § 44-8312 Change in information; notice to director.
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Each discount medical plan organization shall provide the director notice of any change in the discount medical plan organization's name, address, telephone number, principal business address or mailing address, or Internet website address no less than thirty days before such cha…
Neb. Rev. Stat. § 44-8313 Annual report; contents; failure to file; effect.
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(1) If the information required in subsection (2) of this section is not provided at the time of renewal of a certificate of registration under section 44-8306, a discount medical plan organization shall file an annual report with the director in the form prescribed by the direct…
Neb. Rev. Stat. § 44-8314 Violation; unfair trade practice; administrative penalty; fraudulent insurance act; restitution.
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(1) A violation of the Discount Medical Plan Organization Act shall be an unfair trade practice under the Unfair Insurance Trade Practices Act. (2) In addition to the penalties and other enforcement provisions of the Discount Medical Plan Organization Act, any person who willfull…
Neb. Rev. Stat. § 44-8315 Violations of act; cease and desist order; hearing; appeal; director; additional powers.
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(1) The director may issue an order directing a discount medical plan organization to cease and desist from engaging in any action or practice in violation of the Discount Medical Plan Organization Act. Within ten days after service of the cease and desist order, the organization…
Neb. Rev. Stat. § 44-8316 Rules and regulations.
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The director may adopt and promulgate rules and regulations to carry out the provisions of the Discount Medical Plan Organization Act.
Neb. Rev. Stat. § 44-8401 Act, how cited.
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Sections 44-8401 to 44-8404 shall be known and may be cited as the Mandate Opt-Out and Insurance Coverage Clarification Act.
Neb. Rev. Stat. § 44-8402 Legislative findings.
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(1) The Legislature finds that: (a) In the federal Patient Protection and Affordable Care Act, Public Law 111-148, federal tax dollars are routed via affordability credits to qualified health insurance plans offered through a health insurance exchange created under the act, inclu…
Neb. Rev. Stat. § 44-8403 Qualified health insurance plan offered through health insurance exchange; abortion coverage; restriction; health insurance plan, contract, or policy; optional rider.
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(1) No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-148, within the State of Nebraska. This subsection shall not appl…