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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-3,147 Health care coverage of children; rules and regulations.
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The department shall adopt and promulgate rules and regulations to carry out section 44-3,146.
Neb. Rev. Stat. § 44-3,148 Health care coverage of children; insurer; discrimination against Department of Health and Human Services prohibited.
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An insurer may not impose requirements on the department when the department has been assigned the rights of an individual who is eligible for medical assistance pursuant to the medical assistance program and who is covered for health benefits from the insurer that are different …
Neb. Rev. Stat. § 44-3,149 Health care coverage of children; insurer of obligor; duties.
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An insurer shall, in any case in which a child has health care coverage through the insurer of the obligor: (1) Provide such information to the obligor as may be necessary for the child to obtain benefits through such coverage; (2) Permit the obligor or the provider, with the obl…
Neb. Rev. Stat. § 44-3,150 Health care coverage of children; eligibility for medical assistance; effect.
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When enrolling an individual or making any payment for benefits to an individual or on an individual's behalf, an insurer shall not take into account that the individual is eligible for or is provided medical assistance pursuant to the medical assistance program or a medical assi…
Neb. Rev. Stat. § 44-3,151 Workers' compensation insurance; association authorized to obtain for members.
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An association which has a constitution and bylaws and has been organized in this state for not less than two years and is maintained in good faith for purposes other than that of obtaining insurance may obtain individual workers' compensation insurance policies through an insura…
Neb. Rev. Stat. § 44-3,152 Workers' compensation insurance; association; how treated.
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An association which obtains insurance policies in compliance with sections 44-3,151 to 44-3,155 is not an insurer and is not transacting the business of insurance under the laws of this state.
Neb. Rev. Stat. § 44-3,153 Workers' compensation insurance; association; powers.
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Under insurance policies obtained pursuant to section 44-3,151, an association is entitled to negotiate with the insurer regarding policy terms, including premiums, discounts, dividends, commissions, fees, and costs. If any policy provides for any deductible for any benefits paya…
Neb. Rev. Stat. § 44-3,154 Workers' compensation insurance; discount or dividend; how apportioned.
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An association may apportion any discount or dividend received on insurance policies obtained pursuant to section 44-3,151 among the covered members according to a formula adopted in the plan of operation of the association.
Neb. Rev. Stat. § 44-3,155 Workers' compensation insurance; plan of operation.
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An association shall adopt and maintain a plan of operation that includes the methods for administering insurance policies obtained pursuant to section 44-3,151, including the payment of premiums, the distribution of discounts, and the methods for providing risk management.
Neb. Rev. Stat. § 44-3,156 Workers' compensation insurance; violation; penalty.
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Any person who violates sections 44-3,151 to 44-3,155 is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 44-3,157 Mandated coverages or services; applicability.
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If the laws of any other state specify that a policy issued for delivery in that state need not provide the coverages or services mandated by that state to certificate holders who are not residents or not employed in that state, and if such a policy issued for delivery in that st…
Neb. Rev. Stat. § 44-3,158 Workers' compensation insurance; assigned risk system; director; powers; certain actions of employer; effect.
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(1) For purposes of this section: (a) Assigned risk employer means a Nebraska employer that is in good faith entitled to, but is unable to obtain, workers' compensation insurance through ordinary methods; and (b) Director means the Director of Insurance. (2)(a) The director shall…
Neb. Rev. Stat. § 44-3,159 Health plan; self-funded employee benefit plan; assertion of contractual rights to proceeds; prohibited acts; section; applicability.
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(1) No health plan and no self-funded employee benefit plan to the extent not preempted by federal law shall assert any contractual rights to the proceeds of any resources purchased by or on behalf of the policyholder, subscriber, certificate holder, or enrollee, including medica…
Neb. Rev. Stat. § 44-3001 Act, how cited.
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Sections 44-3001 to 44-3006 shall be known and may be cited as the Unclaimed Life Insurance Benefits Act.
Neb. Rev. Stat. § 44-3002 Terms, defined.
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For purposes of the Unclaimed Life Insurance Benefits Act: (1) Beneficiary means the party entitled or contingently entitled to receive proceeds from a policy or retained asset account; (2) Death master file means the United States Social Security Administration’s Death Master Fi…
Neb. Rev. Stat. § 44-3003 Comparison against death master file; match; insurer; duties; group life insurance; insurer duties.
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(1) An insurer shall perform a comparison of its insureds’ in-force policies and retained asset accounts against a death master file to identify potential matches of its insureds. The comparison shall be done on at least a semiannual basis by using the full death master file for …
Neb. Rev. Stat. § 44-3004 Benefits; accrued contractual interest; how treated.
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(1) If an insurer determines under section 44-3003 that benefits are due to a beneficiary, the benefits from the applicable policy or retained asset account, plus any applicable accrued contractual interest, shall be payable to the designated beneficiary. If such beneficiary cann…
Neb. Rev. Stat. § 44-3005 Director of Insurance; powers.
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The Director of Insurance may, at his or her discretion, make an order: (1) Limiting an insurer’s death master file comparisons required under section 44-3003 to the insurer’s electronic searchable files or approving a plan and timeline for conversion of the insurer’s files to el…
Neb. Rev. Stat. § 44-3006 Unfair trade practice.
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Failure to meet any requirement of the Unclaimed Life Insurance Benefits Act shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Neb. Rev. Stat. § 44-301 Insurance companies; corporation laws apply; exceptions.
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The Nebraska Model Business Corporation Act, except as otherwise provided in Chapter 44, shall apply to all domestic incorporated insurance companies so far as the act is applicable or pertinent to and not in conflict with other provisions of the law relating to such companies. A…
Neb. Rev. Stat. § 44-302 Insurance law; companies and persons amenable.
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All domestic insurance companies, and all insurance agents, solicitors, brokers, surveyors or adjusters doing business in this state, and all insurance business transacted in whole or in part within or outside this state, the subject and matter of which is located wholly or in pa…
Neb. Rev. Stat. § 44-303 Insurance companies; certificate of authority; duration; promotion expenses; use of premiums prohibited.
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No insurance company shall transact any insurance business in this state unless it has received a certificate of authority from the Department of Insurance to do so. This certificate shall expire on the last day of April in each year and shall be renewed annually if the company h…
Neb. Rev. Stat. § 44-304 Insurance companies; authority to do business; conditions.
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Every insurance company before transacting the business of insurance in this state shall file in the office of the Department of Insurance a legally authenticated copy of its charter, articles of incorporation or record of its organization, and bylaws as follows: (1) If a domesti…
Neb. Rev. Stat. § 44-305 Foreign or alien company; capital and surplus required.
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No foreign or alien insurance company shall be permitted to transact any business of insurance in this state: (1) If a stock company, unless it possesses, in its own exclusive name and right, paid-up, unimpaired capital stock and surplus equal to the minimum amount required by se…
Neb. Rev. Stat. § 44-306 Health insurance plan; method of claim payment; restrictions.
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Beginning January 1, 2027, a health insurance plan, its contractors, and its affiliates shall not restrict the method of claim payment to a health care provider for health care services to a credit, charge, or debit card, or any combination thereof.
Neb. Rev. Stat. § 44-307 Insurance companies; business authorized.
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No domestic insurance company shall transact any business other than that specified in its articles of incorporation or otherwise authorized by law, and no foreign or alien company admitted to transact business in this state shall transact any other kind of business than that whi…
Neb. Rev. Stat. § 44-308 Assessment life associations; new associations prohibited.
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No life insurance company or association, other than fraternal benefit society, which issues contracts, the performance of which is contingent upon the payment of assessments or calls made upon its members, shall be hereafter organized to do business within this state. All such c…
Neb. Rev. Stat. § 44-309 Pollutant exclusion; exception for bodily injury.
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An exclusion in a homeowner's or owner's, landlord's, and tenant's policy of insurance for loss arising out of the discharge, dispersal, release, or escape of pollutants shall include an exception to the exclusion for bodily injury sustained within a building and caused by smoke,…
Neb. Rev. Stat. § 44-310 Individual sickness and accident or medicare supplement policy; death of insured; refund of unearned premium.
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In the event of the death of the insured of an individual sickness and accident or medicare supplement policy, the insurer, upon receipt of a request for a pro rata refund by a party legally entitled to claim such a refund, shall refund the unearned premium prorated to the month …
Neb. Rev. Stat. § 44-3101 Act, how cited.
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Sections 44-3101 to 44-3112 shall be known and may be cited as the Nebraska Professional Association Mutual Insurance Company Act.
Neb. Rev. Stat. § 44-3102 Declaration of intent and purpose.
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The intent and purpose of sections 44-3101 to 44-3112 is to establish procedures for organizing and regulating the operations of professional association mutual insurance companies within the State of Nebraska and thereby to promote the general welfare of the people of the State …
Neb. Rev. Stat. § 44-3103 Terms, defined.
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As used in the Nebraska Professional Association Mutual Insurance Company Act, unless the context otherwise requires: (1) Professional association mutual insurance company shall mean any domestic insurance company licensed under the act for the purpose of making insurance as prov…
Neb. Rev. Stat. § 44-3104 Licensed insurance company; limitation on business.
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The business of an insurance company licensed pursuant to sections 44-3101 to 44-3112 shall be limited to making insurance, as provided in section 44-3105, on the risks, hazards, and liabilities of members of an association whose principal practice is located in the State of Nebr…
Neb. Rev. Stat. § 44-3105 Professional association mutual insurance company; certificate of authority; demonstrate need.
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Any professional association mutual insurance company applying for a certificate of authority to engage in the insurance business in this state shall demonstrate to the satisfaction of the director that adequate insurance markets in the United States are not reasonably available …
Neb. Rev. Stat. § 44-3106 Certificate of authority; issued, when; minimum surplus.
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No professional association mutual insurance company shall be issued a certificate of authority to do any business in this state until it has filed with the director acceptable evidence that it has and will maintain a minimum surplus aggregating at least five hundred thousand dol…
Neb. Rev. Stat. § 44-3107 Certificate of authority; issued, when; minimum number of applications and annual premiums.
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No professional association mutual insurance company shall be issued a certificate of authority to do any business in this state until it has received not less than two hundred applications for insurance, and it shall have received in cash one annual premium for each such applica…
Neb. Rev. Stat. § 44-3108 Membership in the Nebraska Property and Liability Insurance Guaranty Association; prohibited.
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Any professional association mutual insurance company shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24.
Neb. Rev. Stat. § 44-3109 Policy; issued; membership fee.
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Any professional association mutual insurance company may collect, at the time a policy is issued, a membership fee. Such fee shall be in addition to any premium charged for insurance and shall be paid into the company's surplus.
Neb. Rev. Stat. § 44-311 Health care sharing ministry; treatment under insurance laws.
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(1) A health care sharing ministry shall not be considered to be engaging in the business of insurance for purposes of the insurance laws of this state. (2) For purposes of this section, health care sharing ministry means a faith-based, nonprofit organization that is tax-exempt u…
Neb. Rev. Stat. § 44-3110 Administrative fee; payment, when; how computed; license; rescission; notice; hearing; appeal.
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(1) In addition to the premium tax prescribed in Chapter 77, article 9, every professional association mutual insurance company licensed pursuant to the Nebraska Professional Association Mutual Insurance Company Act shall, on or before March 1 of each year, pay an administrative …
Neb. Rev. Stat. § 44-3111 Rules and regulations.
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The director may establish and from time to time amend such reasonable rules and regulations as are necessary to enable him to carry out his duties under sections 44-3101 to 44-3112.
Neb. Rev. Stat. § 44-3112 Act; other provisions applicable.
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To the extent applicable and when not in conflict with the Nebraska Professional Association Mutual Insurance Company Act, the provisions of the Nebraska Model Business Corporation Act and Chapters 44 and 77 relating to corporations and insurance shall apply to companies incorpor…
Neb. Rev. Stat. § 44-312 Telehealth and telemonitoring services covered under policy, certificate, contract, or plan; insurer; duties; reimbursement rate; requirements.
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(1) For purposes of this section: (a)(i) Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a health care provider in the diagnosis or treatment of a patient. (ii) Telehealth includes …
Neb. Rev. Stat. § 44-313 Insurer; contract for pharmacist professional services; authorized.
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(1) For purposes of this section: (a) Insurer means any insurer offering 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, …
Neb. Rev. Stat. § 44-314 Governmental entity offering individual or family health insurance to first responders; prohibited acts.
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(1) Except as provided in subsection (2) of this section, an employer providing for an individual or family health insurance policy for a first responder employee shall not cancel such policy if the first responder suffers serious bodily injury from an event that occurs while the…
Neb. Rev. Stat. § 44-315 Electronic delivery of notices or documents; conditions; insurer; duties; applicability.
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(1) For purposes of this section: (a) Delivered by electronic means includes: (i) Delivery to an electronic mail address at which a party has consented to receive notices or documents; or (ii) Posting on an electronic network or site accessible via the Internet, mobile applicatio…
Neb. Rev. Stat. § 44-316 Insurer; policy and endorsement; mailing, delivery, or posting on website; conditions for posting on insurer's website.
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Notwithstanding the provisions of section 44-315, life insurance policies, annuity contracts, and property and casualty insurance policies and endorsements that do not contain personally identifiable financial information as defined in section 44-903 may be mailed, delivered, or …
Neb. Rev. Stat. § 44-317 Loans from insurance client; restrictions.
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No insurance producer, surplus lines licensee, or insurance consultant shall obtain a loan from an insurance client that is not a financial institution and who is not related to the insurance producer, surplus lines licensee, or insurance consultant by birth, marriage, or adoptio…
Neb. Rev. Stat. § 44-318 Authority to transact business; certificate of department; evidentiary effect.
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A certificate under the seal of the department, relative to the authority of the company, insurance producer, business entity, or surplus lines licensee to transact business in this state upon any particular date, shall be received by any court in this state in lieu of the testim…
Neb. Rev. Stat. § 44-319 Insurance producer or surplus lines licensee; fiduciary duties.
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Every person acting as an insurance producer or surplus lines licensee in this state shall be responsible in a fiduciary capacity for all funds received or collected as an insurance producer or surplus lines licensee. Nothing in this section shall be construed to require any pers…