Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-2705 Nebraska Life and Health Insurance Guaranty Association; created; members; board of directors; accounts; supervision.
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(1) There is hereby created a nonprofit unincorporated legal entity to be known as the Nebraska Life and Health Insurance Guaranty Association. All member insurers shall be members of the association as a condition of their authority to transact the business of insurance in this …
Neb. Rev. Stat. § 44-2706 Board of directors; members; how selected; voting rights; represent insurers; expenses.
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(1) The board of directors of the association shall consist of not less than seven nor more than eleven members serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the director. Vacancies …
Neb. Rev. Stat. § 44-2707 Association; powers and duties; enumerated.
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In addition to the powers and duties enumerated in the Nebraska Life and Health Insurance Guaranty Association Act: (1) If a member insurer is an impaired insurer, the association may, at its discretion and subject to any conditions imposed by the association that do not impair t…
Neb. Rev. Stat. § 44-2708 Assessments against member insurers; procedure; effect; protest or appeal.
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(1) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such times and for such amounts as the board finds necessary. The board shall colle…
Neb. Rev. Stat. § 44-2709 Association; plan of operation; requirements.
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(1)(a) The association shall submit to the director a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments shall become effective upon approval in writi…
Neb. Rev. Stat. § 44-2710 Director; powers and duties; enumerated.
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In addition to the powers and duties enumerated in the Nebraska Life and Health Insurance Guaranty Association Act: (1) The director shall: (a) Notify the board of directors of the existence of an impaired or insolvent insurer not later than three days after a determination of im…
Neb. Rev. Stat. § 44-2711 Detection and prevention of insurer impairments or insolvencies; powers and duties of board and director.
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To aid in the detection and prevention of insurer impairments or insolvencies: (1) The board of directors shall, upon majority vote, notify the director of any information indicating any member insurer may be unable or potentially unable to fulfill its contractual obligations; (2…
Neb. Rev. Stat. § 44-2712 Association; recommend special deputy.
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The association may recommend a natural person to serve as a special deputy to act for the director and under his supervision in the liquidation, rehabilitation, or conservation of any member insurer.
Neb. Rev. Stat. § 44-2713 Impaired or insolvent insurer; effect; procedure.
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(1) Nothing in the Nebraska Life and Health Insurance Guaranty Association Act shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (2) Records shall be kept of all …
Neb. Rev. Stat. § 44-2714 Association; subject to examination and regulation; annual report.
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The association shall be subject to examination and regulation by the director. The board of directors shall submit to the director, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the director and a report of its activi…
Neb. Rev. Stat. § 44-2715 Association; exempt from fees and taxes; exception.
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The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.
Neb. Rev. Stat. § 44-2716 Insurer; offset against tax liability; handling of refund sums.
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(1) The insurer may offset against its premium and related retaliatory tax liability to this state pursuant to sections 44-150 and 77-908 accrued with respect to business transacted in such year an amount equal to twenty percent of the original face amount of the certificate of c…
Neb. Rev. Stat. § 44-2717 Exemption from liability.
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There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its directors, officers, agents, or employees, the association or its agents or employees, members of its board of directors, or the director or his or her re…
Neb. Rev. Stat. § 44-2718 Stay of proceedings against impaired insurer; purpose; association; apply to set aside judgment or defend.
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All proceedings in which the impaired insurer is a party in any court in this state shall be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to i…
Neb. Rev. Stat. § 44-2719 Assessments made by associations of other states; effect.
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Assessments made by the insurance guaranty associations, or similar entities, pursuant to the laws of any other state shall not be considered taxes, licenses, other fees, other material obligations, prohibitions, or restrictions as defined in section 44-150.
Neb. Rev. Stat. § 44-2719.01 Using name of association; when prohibited.
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No person, including an insurer, agent, or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public, or cause directly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other public…
Neb. Rev. Stat. § 44-2719.02 Insurer under court order; provisions applicable; act; applicability.
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(1) Any insurer under an order of liquidation, rehabilitation, or conservation on February 12, 1986, shall be subject to the provisions of the Nebraska Life and Health Insurance Guaranty Association Act in effect on the day prior to February 12, 1986. (2) Notwithstanding any othe…
Neb. Rev. Stat. § 44-2720 Act, how cited.
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Sections 44-2701 to 44-2720 shall be known and may be cited as the Nebraska Life and Health Insurance Guaranty Association Act.
Neb. Rev. Stat. § 44-2801 Legislative findings and intent.
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(1) The Legislature finds and declares that it is in the public interest that competent medical and hospital services be available to the public in the State of Nebraska at reasonable costs, and that prompt and efficient methods be provided for eliminating the expense as well as …
Neb. Rev. Stat. § 44-2802 Terms, defined; common-law meaning; when.
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(1) As used in the Nebraska Hospital-Medical Liability Act, unless the context otherwise requires, the definitions in sections 44-2803 to 44-2817 shall apply. (2) Any legal word or term of art used in the Nebraska Hospital-Medical Liability Act and not otherwise defined shall hav…
Neb. Rev. Stat. § 44-2803 Health care provider, defined.
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Health care provider means: (1) A physician; (2) a certified registered nurse anesthetist; (3) an individual, partnership, limited liability company, corporation, association, facility, institution, or other entity authorized by law to provide professional medical services by phy…
Neb. Rev. Stat. § 44-2804 Physician, defined.
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Physician shall mean a person with an unlimited license to practice medicine in this state pursuant to the Medicine and Surgery Practice Act or a person with a license to practice osteopathic medicine or osteopathic medicine and surgery in this state pursuant to sections 38-2029 …
Neb. Rev. Stat. § 44-2805 Patient, defined.
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Patient shall mean a natural person who receives or should have received health care from a licensed health care provider under a contract, express or implied.
Neb. Rev. Stat. § 44-2806 Hospital, defined.
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Hospital shall mean a public or private institution licensed pursuant to the Health Care Facility Licensure Act.
Neb. Rev. Stat. § 44-2807 Director, defined.
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Director shall mean the Director of Insurance.
Neb. Rev. Stat. § 44-2808 Representative, defined.
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Representative shall mean the spouse, parent, guardian, adult child, executor, administrator, trustee, attorney, or other legal agent of the patient.
Neb. Rev. Stat. § 44-2809 Tort, defined.
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Tort shall mean any legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another.
Neb. Rev. Stat. § 44-2810 Malpractice or professional negligence, defined.
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Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged …
Neb. Rev. Stat. § 44-2811 Health care, defined.
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Health care shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement.
Neb. Rev. Stat. § 44-2812 Risk manager, defined.
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Risk manager shall mean an insurance company admitted to write insurance in Nebraska, which company shall be appointed by the director to manage the Residual Malpractice Insurance Authority.
Neb. Rev. Stat. § 44-2813 Occurrence, defined.
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Occurrence shall mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately cause injuries or damages for which reimbursement is or may be claimed by the patient or his representative.
Neb. Rev. Stat. § 44-2814 Insurer, defined.
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Insurer shall mean the authority or an insurance company engaged in writing malpractice liability insurance in this state.
Neb. Rev. Stat. § 44-2815 Authority, defined.
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Authority shall mean the Residual Malpractice Insurance Authority established pursuant to section 44-2837.
Neb. Rev. Stat. § 44-2816 Informed consent, defined.
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Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in the locality or in similar localities. Failure to obtain informed consent s…
Neb. Rev. Stat. § 44-2817 Nonrefundable payments, benefits, or damages, defined.
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Nonrefundable payments, benefits, or damages shall mean those payments, benefits, or damages which are not required to be refunded in event of recovery of damages pursuant to sections 44-2801 to 44-2855.
Neb. Rev. Stat. § 44-2818 Health care provider; express or implied contract assuring results; liability; when.
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No liability shall be imposed upon any health care provider on the basis of an alleged breach of an express or implied contract assuring results to be obtained from any procedure undertaken in the course of health care, unless such contract is expressly set forth in writing and i…
Neb. Rev. Stat. § 44-2819 Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.
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(1) In any action for damages for bodily injuries or for wrongful death when it is alleged that the claimant suffered damages for the cost of medical care, custodial care or rehabilitation services, evidence which tends to establish that the claimant or another person so damaged …
Neb. Rev. Stat. § 44-2820 Action based on failure to obtain informed consent; burden of proof.
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Before the plaintiff may recover any damages in any action based on failure to obtain informed consent, it shall be established by a preponderance of the evidence that a reasonably prudent person in the plaintiff's position would not have undergone the treatment had he or she bee…
Neb. Rev. Stat. § 44-2821 Health care provider; failure to qualify under act; liability under common law; qualified under act; remedy; election not to be bound by act; procedure; post sign; contents.
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(1) Any health care provider who fails to qualify under the Nebraska Hospital-Medical Liability Act shall not be covered by the provisions of such act and shall be subject to liability under doctrines of common law. If a health care provider shall not so qualify, the patient's re…
Neb. Rev. Stat. § 44-2822 Claim for bodily injury or death; petition or complaint; file; damages.
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Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional negligence, failure to provide care, brea…
Repealed. Laws 2003, LB 216, § 25.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-2824 Health care provider; qualify under act; conditions.
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(1) To be qualified under the Nebraska Hospital-Medical Liability Act, a health care provider or such health care provider's employer, employee, partner, or limited liability company member shall: (a) File with the director proof of financial responsibility, pursuant to section 4…
Neb. Rev. Stat. § 44-2825 Action for injury or death; maximum amount recoverable; settlement; manner; coverage; how treated.
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(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurr…
Neb. Rev. Stat. § 44-2826 Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.
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(1) Any payment made by a health care provider or his insurer to or for the patient or any other person in the patient's behalf in advance of a final determination of liability of all health care providers shall not be construed as an admission of liability for injuries or damage…
Neb. Rev. Stat. § 44-2827 Health care provider; proof of financial responsibility; filing by insurer.
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Financial responsibility of a health care provider may be established only by filing with the director proof that the health care provider is insured pursuant to sections 44-2837 to 44-2839 or by a policy of professional liability insurance in a company authorized to do business …
Neb. Rev. Stat. § 44-2827.01 General acute hospital; psychiatric or mental hospital operated by Board of Regents; physician employed by Board of Regents; risk-loss trust authorized; requirements; director; powers and duties; surcharge.
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(1) Any general acute hospital as defined in section 71-412 or a psychiatric or mental hospital as defined in section 71-426 operated by the Board of Regents of the University of Nebraska or any physician employed by the Board of Regents of the University of Nebraska may, in addi…
Neb. Rev. Stat. § 44-2828 Action to recover damages; limitation of action.
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Except as provided in section 25-213, any action to recover damages based on alleged malpractice or professional negligence or upon alleged breach of warranty in rendering or failing to render professional services shall be commenced within two years next after the alleged act or…
Neb. Rev. Stat. § 44-2829 Excess Liability Fund; created; how funded; use surcharge; premiums.
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(1) There is hereby created an Excess Liability Fund to be collected and received by the director for the exclusive use and purposes stated in the Nebraska Hospital-Medical Liability Act. Such fund and any income from it shall be held by the State Treasurer in trust, deposited in…
Neb. Rev. Stat. § 44-2830 Excess Liability Fund; surcharge, adjusted; when; reinsurance; effect.
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If the fund shall exceed the sum of four million five hundred thousand dollars at the end of any calendar year after the payment of all claims and expenses and after adding all reversions to the fund, and if no reinsurance is involved, the director shall reduce the surcharge requ…
Neb. Rev. Stat. § 44-2831 Excess Liability Fund; special surcharge; reinsurance.
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(1) The director may, at any time, analyze the fund to determine if the amount in such fund is inadequate to pay in full all claims allowed or to be allowed during the calendar year. Upon such determination, the director shall have the power to levy a special surcharge on all hea…