Chapter 44 — INSURANCE
2,728 sections in this chapter.
Neb. Rev. Stat. § 44-2831.01 Applicability of change to law.
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(1) Any health care provider who has furnished proof of financial responsibility prior to January 1, 2025, under sections 44-2824 and 44-2827 shall be qualified under section 44-2824 for the remainder of the policy year or risk-loss trust year. (2) The increases in coverage requi…
Neb. Rev. Stat. § 44-2832 Claims; paid; procedure; limitation.
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(1) The Director of Administrative Services shall issue a warrant drawn on the fund in the amount of each claim submitted by the director. All claims against the fund shall be made on a voucher or other appropriate request by the director after he or she has received: (a) A certi…
Neb. Rev. Stat. § 44-2833 Claim; agreement to settle; procedure; settlement; judgment; appeal.
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(1) If the insurer of a health care provider shall agree to settle its liability on a claim against its insured by payment of its policy limits of eight hundred thousand dollars and the claimant shall demand an amount in excess thereof for a complete and final release and if no o…
Neb. Rev. Stat. § 44-2834 Cause of action; attorney's fees; court costs; loss of earnings; when payable.
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(1) In all cases against a health care provider for malpractice or professional negligence, upon motion of either party the court shall review the attorney's fees incurred by that party and allow such compensation as the court shall deem reasonable. (2) In all cases against healt…
Neb. Rev. Stat. § 44-2835 Malpractice claim; settled or adjudicated to final judgment; report; contents; forwarded to Department of Health and Human Services.
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(1) Each malpractice claim settled or adjudicated to final judgment against a health care provider under the Nebraska Hospital-Medical Liability Act shall be reported to the director by the plaintiff's attorney and by the health care provider or his or her insurer or risk manager…
Neb. Rev. Stat. § 44-2836 Malpractice liability insurance; limitation on liability; when; required policy provisions; insurer; failure to pay final judgment; effect.
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(1) As long as malpractice liability insurance remains in force under the qualification set forth in section 44-2824 and unless the patient has elected not to come under sections 44-2801 to 44-2855, the health care provider and his insurer shall be liable to a patient, or his rep…
Neb. Rev. Stat. § 44-2837 Residual Malpractice Insurance Authority; created; purpose; risk manager; powers and duties; compensation.
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(1) The purpose of sections 44-2837 to 44-2839 is to make malpractice liability insurance available to risks as defined in this section. (2) There is hereby created the Residual Malpractice Insurance Authority. The Department of Insurance is hereby designated as the authority for…
Neb. Rev. Stat. § 44-2838 Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal.
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(1) If, after diligent effort to obtain coverage, a health care provider has been declined by at least two insurers, the risk may forward his application to the risk manager together with evidence of the two declinations. (2) If the risk manager declines to accept the risk, notic…
Neb. Rev. Stat. § 44-2839 Health care professional liability insurance plan; contents; premiums; use.
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The director shall adopt and promulgate a health care professional liability insurance plan pursuant to sections 44-2837 to 44-2839 which shall contain a requirement that the Excess Liability Fund shall participate in such plan. Such plan may contain such other reasonable provisi…
Neb. Rev. Stat. § 44-2840 Medical review panels; review claims; procedure; waiver.
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(1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska Hospital-Medical Liability Act in advance of filing such actions. (2) No action against a health care provider may be…
Neb. Rev. Stat. § 44-2841 Medical review panel; members; selection; procedure.
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(1) The medical review panel shall consist of one attorney admitted to practice law in the State of Nebraska and three physicians who hold unlimited licenses under the laws of this state to practice medicine. The attorney shall act in an advisory capacity and as chairperson of th…
Neb. Rev. Stat. § 44-2842 Medical review panel; evidence considered; depositions; chairperson; duties.
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(1) The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties in written form only. If any party to the proceedings fails to submit his or her evidence within a reasonable time after notice from the panel requesting such evide…
Neb. Rev. Stat. § 44-2843 Medical review panel; access to information; written opinion; issuance; basis for.
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(1) The panel shall have the right and duty to request all necessary information. The panel may consult with medical authorities and may examine reports of such health care providers as may be necessary to fully inform itself regarding the issue to be decided. Both parties shall …
Neb. Rev. Stat. § 44-2844 Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.
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(1) The filing of the request for review of a claim shall toll the applicable statute of limitations for a period of ninety days following the issuance of the opinion by the medical review panel. The request for review of a claim shall be deemed filed when copy of the request tog…
Neb. Rev. Stat. § 44-2845 Medical review panel; members; compensation; expert witness fee.
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Each member of the medical review panel shall be paid fifty dollars per day for all work performed as a member of the panel, exclusive of time and services involved if called as a witness to testify in court and reasonable expenses incurred. Fees of the panel, including expenses,…
Neb. Rev. Stat. § 44-2846 Proceedings before panel; confidential; exception; waiver of privileges; when; witnesses; rights.
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(1) Except for the introduction into evidence of the report of the panel, all proceedings before the medical review panel, all actions taken by any party or his counsel in preparation for such proceedings, and the submission of any matter to the medical review panel shall be hand…
Neb. Rev. Stat. § 44-2847 Medical review panel; not to consider disputed questions of law; adviser to panel.
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(1) Medical review panels shall be concerned only with the determination of the questions set forth in section 44-2843. Such panels shall not consider or report on disputed questions of law. (2) To provide for uniformity of procedure, the Department of Health and Human Services m…
Repealed. Laws 1994, LB 1223, § 135.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 1223, § 135.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 1223, § 135.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 1223, § 135.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 1223, § 135.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 1223, § 135.
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[Repealed or reserved.]
Neb. Rev. Stat. § 44-2854 Director; contract for administrative duties and responsibilities; supervisory authority.
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The Director of Insurance may contract with an insurance company licensed to do business in the State of Nebraska to perform any administrative duties and responsibilities of the Department of Insurance pursuant to sections 44-2801 to 44-2855, with the Director of Insurance retai…
Neb. Rev. Stat. § 44-2854.01 Rules and regulations.
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The Department of Insurance shall adopt and promulgate rules and regulations regarding the administration of the Nebraska Hospital-Medical Liability Act. Such rules and regulations shall relate to issuing notices of payment due and such other matters as may be necessary to promot…
Neb. Rev. Stat. § 44-2855 Act, how cited.
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Sections 44-2801 to 44-2855 shall be known and may be cited as the Nebraska Hospital-Medical Liability Act.
Neb. Rev. Stat. § 44-2901 Hospitals; mutual insurance association; how incorporated; purpose.
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Any three or more hospitals as defined in section 71-419, which are located in this state and licensed by the Department of Health and Human Services, may incorporate a mutual insurance association to insure member hospitals and their officers, directors, employees, and volunteer…
Neb. Rev. Stat. § 44-2902 Physicians; mutual insurance association; how incorporated; purpose.
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Any ten or more physicians licensed under the Medicine and Surgery Practice Act may incorporate a mutual insurance association to insure member physicians, their professional corporations, partnerships, limited liability companies, agents, and employees against liability arising …
Neb. Rev. Stat. § 44-2903 Mutual insurance association; coverages; supplement professional liability insurance.
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Any association authorized by section 44-2901 or 44-2902 shall be authorized to insure members against other liability for injury to persons or property caused by agents or employees of the member or by property used in or activities arising from the operations or business of the…
Neb. Rev. Stat. § 44-2904 Hospital association; qualified to become a member; when; insuring of risks; considerations.
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Any hospital, whether within or without the state, shall be qualified to become a member of a hospital association incorporated under sections 44-2901 to 44-2918 if it is licensed either by the Department of Health and Human Services or by the corresponding authority in the state…
Neb. Rev. Stat. § 44-2905 Physicians association; qualified to become member; when.
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Any physician, licensed to practice medicine in Nebraska, shall be qualified to become a member of a physicians association incorporated under sections 44-2901 to 44-2918 upon acceptance of his application for membership by the association in accordance with the rules and bylaws.
Neb. Rev. Stat. § 44-2906 Association; articles of incorporation; bylaws; contents; filed; where.
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(1) Any association to be formed pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall be formed by submitting executed articles of incorporation to the Department of Insurance for examination, and if approved and found by it to be in accordance …
Neb. Rev. Stat. § 44-2907 Association; board of directors; number of directors; make bylaws.
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The board of directors of an association formed pursuant to sections 44-2901 to 44-2918 shall be comprised of not fewer than five nor more than twenty-one persons and a majority of them must be residents of the State of Nebraska. A person convicted of a felony may not be a direct…
Neb. Rev. Stat. § 44-2908 Articles and bylaws; approval or disapproval; procedure.
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(1) Within sixty days after the articles and bylaws are filed with the Director of Insurance pursuant to section 44-2906, the director shall make a determination whether the filed documents meet the requirements of sections 44-2901 to 44-2918. Such determination shall be communic…
Neb. Rev. Stat. § 44-2909 Association; requirements to transact business.
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No association organized under the Nebraska Hospital and Physicians Mutual Insurance Association Act shall transact the business of insurance until: (1) Its articles and bylaws have been approved by the Director of Insurance and the articles filed as required by section 44-2906; …
Neb. Rev. Stat. § 44-2910 Association; not a member of the Nebraska Property and Liability Insurance Guaranty Association.
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The association shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24.
Neb. Rev. Stat. § 44-2911 Association; membership fee; paid into surplus.
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The association may collect, at the time a policy is issued, a membership fee of not more than three hundred dollars for each bed owned or operated by the member hospital and, in case of physicians associations, ten thousand dollars for each member physician. Such fee shall be pa…
Neb. Rev. Stat. § 44-2912 Association; members; liable only for membership fee and premiums.
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No member of the association shall be liable for any amounts because of such membership, other than the membership fee, prescribed in section 44-2911, and premiums.
Neb. Rev. Stat. § 44-2913 Association; administrative fee; computation; forms; failure to remit fee; rescind license; procedure; appeal.
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(1) Every association incorporated pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall, on or before March 1 of each year, pay an administrative fee to the director in the amount of three-tenths of one percent of the gross amount of direct writ…
Neb. Rev. Stat. § 44-2914 Association; business; how conducted.
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The business of the association shall be conducted so as to preclude any distribution of income, profit, or property of the association to members thereof except in payment of claims, in reduction of premiums, for experience refunds to members, or upon final dissolution.
Neb. Rev. Stat. § 44-2915 Director; determine maximum exposure to loss; approve forms, premium rates, and limits of indemnity; considerations.
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For purposes of sections 44-2901 to 44-2918, the director shall have the authority to determine the maximum exposure to loss on any risk to be written by the association. All policy forms, premium rates and limits of indemnity shall be filed with and subject to the approval of th…
Neb. Rev. Stat. § 44-2916 Associations; provisions applicable.
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To the extent applicable and when not in conflict with the Nebraska Hospital and Physicians Mutual Insurance Association Act, the provisions of the Nebraska Model Business Corporation Act and Chapters 44 and 77 relating to corporations and insurance shall apply to associations in…
Neb. Rev. Stat. § 44-2917 Rules and regulations.
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The Department of Insurance shall be empowered to adopt and promulgate such reasonable rules and regulations as may be necessary or appropriate to carry out the provisions of sections 44-2901 to 44-2918.
Neb. Rev. Stat. § 44-2918 Act, how cited.
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Sections 44-2901 to 44-2918 shall be known and may be cited as the Nebraska Hospital and Physicians Mutual Insurance Association Act.
Repealed. Laws 1989, LB 92, § 278.
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…