Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Repealed. Laws 2000, LB 1427, § 12.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 692, § 29.
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[Repealed or reserved.]
Repealed. Laws 2008, LB 480, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-7615 Act, how cited.
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Sections 71-7615 to 71-7622 shall be known and may be cited as the Native American Public Health Act.
Neb. Rev. Stat. § 71-7616 Legislative findings.
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The Legislature finds that members of Nebraska's federally recognized Native American tribes are not receiving adequate basic public health services, especially in the areas of education and prevention. The leading causes of death among Native American people are largely preventa…
Neb. Rev. Stat. § 71-7617 Contracts to provide educational and public health services; Department of Health and Human Services; duties.
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The Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational…
Neb. Rev. Stat. § 71-7618 Funding of contracts; priority.
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During each fiscal year, the Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes as approved by the tribal councils, Indian health organizations, or other public health organizations that have a …
Neb. Rev. Stat. § 71-7619 Aid to tribal councils.
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The Department of Health and Human Services shall provide technical assistance and assessment of needs evaluations upon request to aid tribal councils in the development of contract proposals.
Neb. Rev. Stat. § 71-7620 Recipients; reports.
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The recipients of funds under the Native American Public Health Act shall submit a report on the activities funded each fiscal year. The report shall provide information as required by the Department of Health and Human Services to determine the effectiveness of the contract in m…
Neb. Rev. Stat. § 71-7621 Recapture of funds.
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If the Department of Health and Human Services determines that services are not being delivered in accordance with the contract, the department may seek to recapture all or a portion of funds expended.
Neb. Rev. Stat. § 71-7622 Rules and regulations.
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The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Native American Public Health Act and shall adhere to already established or adopted and promulgated rules and regulations for contracted services under the act.
Neb. Rev. Stat. § 71-7701 Act, how cited.
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Sections 71-7701 to 71-7711 shall be known and may be cited as the Health Care Facility-Provider Cooperation Act.
Neb. Rev. Stat. § 71-7702 Terms, defined.
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For purposes of the Health Care Facility-Provider Cooperation Act: (1) Community planning means a plan which identifies (a) health-care-related resources, facilities, and services within the community, (b) the health care needs of the community, (c) gaps in services, (d) duplicat…
Neb. Rev. Stat. § 71-7703 Certificate of public advantage; governing cooperative agreement; application.
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Parties to a cooperative agreement may apply to the department for a certificate of public advantage governing the cooperative agreement. The application shall include an executed letter of intent signed by the parties indicating the parties' intent to proceed with a cooperative …
Neb. Rev. Stat. § 71-7704 Certificate of public advantage; notice; review; hearing; rules and regulations.
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(1) Within five working days after receipt of an application for a certificate of public advantage, the department shall publish notice of the application through public channels and shall notify health care facilities providing similar services in the area affected by the propos…
Neb. Rev. Stat. § 71-7705 Certificate of public advantage; decision; execute cooperative agreement; when; contest of decision; appeal.
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(1) The department shall grant or deny an application for a certificate of public advantage within ninety days after the date of filing of the application, not including days the application is deemed to be incomplete. The decision shall be in writing and set forth the basis for …
Neb. Rev. Stat. § 71-7706 Certificate of public advantage; issuance; considerations.
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(1) The department shall issue a certificate of public advantage for a cooperative agreement if it determines that the applicants have demonstrated by clear and convincing evidence that the likely benefits resulting from the agreement outweigh any disadvantages attributable to a …
Neb. Rev. Stat. § 71-7707 Certificate of public advantage; termination.
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If the department determines at any time that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the department shall initiate proceedings t…
Neb. Rev. Stat. § 71-7708 Parties to agreement; report; petition to terminate certificate; adverse job actions prohibited.
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(1) The department shall require the parties to a cooperative agreement for which a certificate of public advantage has been issued to report annually on the functioning of the cooperative agreement for the preceding year. The report shall be in such form and contain such informa…
Neb. Rev. Stat. § 71-7709 Parties and participants; immunity; notice; act, how construed.
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(1) Any party to a cooperative agreement which has been approved in whole or in part by the department pursuant to the Health Care Facility-Provider Cooperation Act shall be immune from any civil or criminal antitrust action if such action is based upon the cooperative agreement …
Neb. Rev. Stat. § 71-7710 Act; how construed.
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Nothing in the Health Care Facility-Provider Cooperation Act shall be construed to prohibit: (1) The formation of a cooperative agreement that has been approved in whole or in part in accordance with the act; (2) Community planning, discussions, or negotiations intended in good f…
Neb. Rev. Stat. § 71-7711 Department; maintain copies of agreements; notice of termination, filing required.
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The department shall maintain on file a copy of all cooperative agreements for which certificates of public advantage remain in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination with the department within thirty days afte…
Neb. Rev. Stat. § 71-7801 Act, how cited.
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Sections 71-7801 to 71-7807 shall be known and may be cited as the Primary Care Investment Act.
Neb. Rev. Stat. § 71-7802 Federal Consolidated Appropriations Act, 2021; requirements; Primary Care Investment Council; purpose.
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On December 27, 2020, the federal Consolidated Appropriations Act, 2021, Public Law 116-260, became law. It requires group health plans, health insurance issuers, and health insurance plans to provide data to the federal government on the total amount of spending on hospital cost…
Neb. Rev. Stat. § 71-7803 Terms, defined.
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For purposes of the Primary Care Investment Act: (1) Department means the Department of Insurance; and (2) Primary care physician means a physician licensed under the Uniform Credentialing Act and practicing in the area of family medicine, pediatrics, internal medicine, geriatric…
Neb. Rev. Stat. § 71-7804 Primary Care Investment Council; created; members; termination.
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(1) The Primary Care Investment Council is created. The council shall consist of fifteen voting members and two ex officio, nonvoting members. (2) The Primary Care Investment Council shall consist of the following voting members: (a) Three representatives of primary care physicia…
Neb. Rev. Stat. § 71-7805 Primary Care Investment Council; duties.
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The Primary Care Investment Council shall: (1) Develop an appropriate definition for primary care investment; (2) Measure the current level of primary care investment, measured as a part of overall health care spending, by public and private payors in Nebraska; (3) Conduct a comp…
Neb. Rev. Stat. § 71-7806 Primary Care Investment Council; convene; review and update.
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The Primary Care Investment Council shall convene at least once a year through 2028 to review the state's progress in meeting the target level of primary care investment, update the data regarding public health benefits and cost savings as a result of investments in primary care,…
Neb. Rev. Stat. § 71-7807 Primary Care Investment Council; report.
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On or before November 1, 2023, and on or before each November 1 until November 1, 2028, the Primary Care Investment Council shall prepare and the department shall electronically submit a report to the Executive Board of the Legislative Council and the Governor which contains, at …
Repealed. Laws 2011, LB 431, § 17.
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[Repealed or reserved.]
Repealed. Laws 2011, LB 431, § 17.
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[Repealed or reserved.]
Repealed. Laws 2011, LB 431, § 17.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-7904 Act, how cited.
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Sections 71-7904 to 71-7913 shall be known and may be cited as the Health Care Quality Improvement Act.
Neb. Rev. Stat. § 71-7905 Purposes of act.
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The purposes of the Health Care Quality Improvement Act are to provide protection for those individuals who participate in peer review activities which evaluate the quality and efficiency of health care providers and to protect the confidentiality of peer review records.
Neb. Rev. Stat. § 71-7906 Definitions, where found.
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For purposes of the Health Care Quality Improvement Act, the definitions found in sections 71-7907 to 71-7910.01 apply.
Neb. Rev. Stat. § 71-7907 Health care provider, defined.
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Health care provider means: (1) A facility licensed under the Health Care Facility Licensure Act; (2) A health care professional licensed under the Uniform Credentialing Act; (3) A professional health care service entity; and (4) An organization or association of health care prof…
Neb. Rev. Stat. § 71-7908 Incident report, defined.
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Incident report or risk management report means a report of an incident involving injury or potential injury to a patient as a result of patient care provided by a health care provider, including both an individual who provides health care and an entity that provides health care,…
Neb. Rev. Stat. § 71-7909 Peer review, defined.
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Peer review means the procedure by which health care providers evaluate the quality and efficiency of services ordered or performed by other health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambula…
Neb. Rev. Stat. § 71-7910 Peer review committee, defined; policies and procedures.
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(1) Peer review committee means a utilization review committee, quality assessment committee, performance improvement committee, tissue committee, credentialing committee, or other committee established by a professional health care service entity or by the governing board of a f…
Neb. Rev. Stat. § 71-7910.01 Professional health care service entity, defined.
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Professional health care service entity means an entity which is organized under the Nebraska Nonprofit Corporation Act, the Nebraska Professional Corporation Act, the Nebraska Uniform Limited Liability Company Act, or the Uniform Partnership Act of 1998 and which renders health …
Neb. Rev. Stat. § 71-7911 Liability for activities relating to peer review.
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(1) A health care provider or an individual (a) serving as a member or employee of a peer review committee, working on behalf of a peer review committee, furnishing counsel or services to a peer review committee, or participating in a peer review activity as an officer, director,…
Neb. Rev. Stat. § 71-7912 Confidentiality; discovery; availability of medical records, documents, or information; limitation; burden of proof.
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(1) The proceedings, records, minutes, and reports of a peer review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action. No person who attends a meeting of a peer review committee, works for or on behalf of…
Neb. Rev. Stat. § 71-7913 Incident report or risk management report; how treated; burden of proof.
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(1) An incident report or risk management report and the contents of an incident report or risk management report are not subject to discovery in, and are not admissible in evidence in the trial of, a civil action for damages for injury, death, or loss to a patient of a health ca…
Neb. Rev. Stat. § 71-8001 Act, how cited.
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Sections 71-8001 to 71-8008 shall be known and may be cited as the Certified Industrial Hygienist Title Protection Act.
Neb. Rev. Stat. § 71-8002 Legislative intent.
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It is the intent of the Legislature to provide legal recognition to the professional practice of industrial hygiene so as to provide assurance to government, business, private entities, and the public that a person who represents himself or herself as a certified industrial hygie…
Neb. Rev. Stat. § 71-8003 Industrial hygiene, defined.
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For purposes of the Certified Industrial Hygienist Title Protection Act, industrial hygiene means the science and practice devoted to the anticipation, recognition, evaluation, and specification of controls of environmental factors, stressors, physical hazards, and chemical expos…
Neb. Rev. Stat. § 71-8004 Individual; use of title; requirements.
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(1) An individual shall not use the title of or represent or advertise himself or herself as a certified industrial hygienist, CIH, or C.I.H. unless such individual has received the designation Certified Industrial Hygienist from the American Board of Industrial Hygiene and the d…
Neb. Rev. Stat. § 71-8005 Business enterprise; use of certified industrial hygienist required; when.
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A business enterprise shall not identify, represent, or advertise itself as a provider of industrial hygiene services provided by or under the direction and supervision of a certified industrial hygienist or a variation of such words unless the individuals directly employed by su…
Neb. Rev. Stat. § 71-8006 Violations; unfair trade practice; civil penalty.
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An individual or business enterprise who violates section 71-8004 or 71-8005 commits an unfair trade practice. Any person or entity injured by such a violation shall have a right of action against the violator for damages for each occurrence when any person or entity suffered or …
Neb. Rev. Stat. § 71-8007 Act; applicability.
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The Certified Industrial Hygienist Title Protection Act does not regulate or otherwise limit the activity of any individual or entity that does not represent or advertise himself, herself, or itself as a certified industrial hygienist, CIH, or C.I.H. or as a provider of services …