Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-8309 Facilities not previously licensed; legislative intent.
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If the Legislature finds that it is necessary for the protection of the public to regulate categories of facilities not previously regulated by state law after reviewing the criteria in section 71-8308 and considering governmental and societal costs and benefits, it is the intent…
Transferred to section 68-995.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-8310 Currently licensed facilities; changes in credentialing; when.
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Changes in the credentialing of categories of currently licensed facilities should occur only when: (1) Credentialing is not needed to ensure the protection of the public health, safety, or welfare or the then current rules and regulations or statutory provisions are not providin…
Neb. Rev. Stat. § 71-8311 Currently licensed facilities; legislative intent.
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If the Legislature finds that it is necessary for the protection of the public to make changes in the statutes regulating categories of facilities after reviewing the criteria in section 71-8310 and considering governmental and societal costs and benefits, it is the intent of the…
Neb. Rev. Stat. § 71-8312 Facility regulation system; periodic review.
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The Department of Health and Human Services shall periodically examine and reexamine the regulations, processes, and results of the facility regulation system. Changes in the facility regulation system should occur whenever the department finds that: (1) A program or procedure is…
Repealed. Laws 2025, LB376, § 42.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-8314 Sections; how construed.
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Nothing in sections 71-8301 to 71-8314 is intended to authorize any certificate of need activities for facilities or to authorize the licensure of private practice health care services offices.
Neb. Rev. Stat. § 71-832 Certified Community Behavioral Health Clinic Act; act, how cited.
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Sections 71-832 to 71-837 shall be known and may be cited as the Certified Community Behavioral Health Clinic Act.
Neb. Rev. Stat. § 71-833 Legislative intent.
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The intent of the Legislature is to increase access to mental health and substance use treatment and expand capacity for comprehensive, holistic services, respond to local needs, incorporate evidence-based practices, and establish care coordination as a linchpin for service deliv…
Neb. Rev. Stat. § 71-834 Terms, defined.
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For purposes of the Certified Community Behavioral Health Clinic Act: (1) Certified community behavioral health clinic means a nonprofit organization, a unit of the local behavioral health authority, an entity operated under authority of the Indian Health Service, an Indian tribe…
Neb. Rev. Stat. § 71-835 Prospective payment system; medicaid state plan amendment; development and implementation.
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(1) The department shall develop a prospective payment system under the medical assistance program for funding certified community behavioral health clinics. Such system shall permit either daily or monthly payment rates. (2) The department shall submit to the federal Centers for…
Neb. Rev. Stat. § 71-836 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to implement sections 71-833 to 71-836.
Neb. Rev. Stat. § 71-837 Appropriations; legislative intent.
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It is the intent of the Legislature to appropriate no more than four million five hundred thousand dollars annually beginning in fiscal year 2025-26 from the General Fund for the purpose of the Certified Community Behavioral Health Clinic Act.
Neb. Rev. Stat. § 71-8401 Legislative findings.
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The Legislature finds that medical records contain personal and sensitive information that if improperly used or released may do significant harm to a patient's interests. Patients need access to their own medical records as a matter of fairness to enable them to make informed de…
Neb. Rev. Stat. § 71-8402 Terms, defined.
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For purposes of sections 71-8401 to 71-8407: (1) Medical records means a provider's record of a patient's health history and treatment rendered; (2) Mental health medical records means medical records or parts thereof created by or under the direction or supervision of a licensed…
Neb. Rev. Stat. § 71-8403 Access to medical records.
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(1) A patient may request a copy of the patient's medical records or may request to examine such records. Access to such records shall be provided upon request pursuant to sections 71-8401 to 71-8407, except that mental health medical records may be withheld if any treating physi…
Neb. Rev. Stat. § 71-8404 Access; charges.
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Except as provided in sections 71-8405 and 71-8407, for medical records provided under section 71-8403 or under subpoena by a patient or his or her authorized representative a provider may charge no more than twenty dollars as a handling fee and may charge no more than fifty cent…
Neb. Rev. Stat. § 71-8405 Charges; exemptions.
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(1) A provider shall not charge a fee for medical records requested by a patient for use in supporting an application for disability or other benefits or assistance or an appeal relating to the denial of such benefits or assistance under: (a) Sections 43-501 to 43-536 regarding a…
Neb. Rev. Stat. § 71-8406 Provider; immunity.
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A provider who transfers or submits information in good faith to a patient's medical record shall not be liable in damages to the patient or any other person for the disclosure of such medical records as provided in sections 71-8401 to 71-8407.
Neb. Rev. Stat. § 71-8407 Sections; applicability.
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Sections 71-8401 to 71-8407 do not apply to the release of medical records under the Nebraska Workers' Compensation Act.
Neb. Rev. Stat. § 71-8501 Act, how cited.
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Sections 71-8501 to 71-8508 shall be known and may be cited as the Nebraska Telehealth Act.
Neb. Rev. Stat. § 71-8502 Legislative findings.
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The Legislature finds that: (1) Access to health care facilities and health care practitioners is critically important to the citizens of Nebraska; (2) Access to a continuum of health care services is restricted in some medically underserved areas of Nebraska, and many health car…
Neb. Rev. Stat. § 71-8503 Terms, defined.
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For purposes of the Nebraska Telehealth Act: (1) Department means the Department of Health and Human Services; (2) Health care practitioner means a Nebraska medicaid-enrolled provider who is licensed, registered, or certified to practice in this state by the department; (3)(a) Te…
Neb. Rev. Stat. § 71-8504 Act; how construed.
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The Nebraska Telehealth Act does not: (1) Alter the scope of practice of any health care practitioner; (2) authorize the delivery of health care services in a setting or manner not otherwise authorized by law; or (3) limit a patient's right to choose in-person contact with a heal…
Neb. Rev. Stat. § 71-8505 Written information; signed statement or verbal consent; requirements.
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(1) Prior to an initial telehealth consultation under section 71-8506, a health care practitioner who delivers a health care service to a patient through telehealth shall ensure that the following written information is provided to the patient: (a) A statement that the patient re…
Neb. Rev. Stat. § 71-8506 Medical assistance program; reimbursement; requirements.
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(1) In-person contact between a health care practitioner and a patient shall not be required under the medical assistance program established pursuant to the Medical Assistance Act and Title XXI of the federal Social Security Act, as amended, for health care services delivered th…
Neb. Rev. Stat. § 71-8507 Health care facility; duties.
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A health care facility licensed under the Health Care Facility Licensure Act that receives reimbursement under the Nebraska Telehealth Act for telehealth consultations shall establish quality of care protocols and patient confidentiality guidelines to ensure that such consultatio…
Neb. Rev. Stat. § 71-8508 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to carry out the Nebraska Telehealth Act, including, but not limited to, rules and regulations to: (1) Ensure the provision of appropriate care to patients; (2) prevent fraud and abuse; and (3) establish necessary me…
Neb. Rev. Stat. § 71-8509 Telehealth services for children's behavioral health; rules and regulations; terms, defined.
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(1) The Department of Health and Human Services shall adopt and promulgate rules and regulations providing for telehealth services for children's behavioral health. Such rules and regulations relate specifically to children's behavioral health and are in addition to the Nebraska …
Neb. Rev. Stat. § 71-8510 Behavioral health screenings; legislative intent; optional screening.
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It is the intent of the Legislature that behavioral health screenings be offered by physicians at the time of childhood physicals. The physician shall explain that such screening is optional. The results of behavioral health screenings and any related documents shall not be inclu…
Neb. Rev. Stat. § 71-8511 Behavioral Health Education Center; duties.
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The Behavioral Health Education Center created pursuant to section 71-830 shall provide education and training for educators on children's behavioral health in the areas of the state served by the Behavioral Health Screening and Referral Pilot Program created pursuant to section …
Neb. Rev. Stat. § 71-8512 Behavioral Health Screening and Referral Pilot Program; created by University of Nebraska Medical Center; clinics; selection; collection of data; evaluation; termination of section.
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(1) The University of Nebraska Medical Center shall create the Behavioral Health Screening and Referral Pilot Program. The pilot program shall utilize a strategy of screening and behavioral health intervention in coordination with the regional behavioral health authorities establ…
Neb. Rev. Stat. § 71-8601 Act, how cited.
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Sections 71-8601 to 71-8616 shall be known and may be cited as the Commission for the Blind and Visually Impaired Act.
Neb. Rev. Stat. § 71-8602 Purposes of act.
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The purposes of the Commission for the Blind and Visually Impaired Act are to assist blind persons in gaining remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimula…
Neb. Rev. Stat. § 71-8603 Terms, defined.
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For purposes of the Commission for the Blind and Visually Impaired Act: (1) Blind person means: (a) A person having sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life; or (b) A person, to be eligible and…
Neb. Rev. Stat. § 71-8604 Commission for the Blind and Visually Impaired; created; per diem; expenses.
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(1) The Commission for the Blind and Visually Impaired is created. The governing board of the commission shall consist of five members appointed by the Governor with the approval of a majority of the members of the Legislature. All board members shall have reasonable knowledge or…
Neb. Rev. Stat. § 71-8605 Commission; director; employees.
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(1) The commission shall employ a director who is the administrative officer of the commission. The director shall hire employees as necessary for the efficient operation of the commission. The director shall serve at the pleasure of the commission. (2) The commission shall have …
Repealed. Laws 2002, LB 93, § 27.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-8607 Commission; powers and duties.
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(1) The commission shall: (a) Apply for, receive, and administer money from any state or federal agency to be used for purposes relating to blindness, including federal funds relating to vocational rehabilitation of blind persons as provided in subsection (1) of section 71-8610; …
Neb. Rev. Stat. § 71-8608 Promotion of self-support; powers and duties.
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To promote self-support of blind persons: (1) The commission shall: (a) Provide placement and career development services; (b) Provide prevocational training; (c) Support integration with and access to community-based educational and vocational training opportunities; (d) Impleme…
Neb. Rev. Stat. § 71-8609 Blindness-related services; qualifications; commission; duties.
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(1) For a person to qualify for blindness-related services from the commission, the commission shall find such person to be (a) a blind person as defined in subdivision (1)(a) of section 71-8603 or (b) a person who is experiencing a deteriorating condition which is expected to re…
Neb. Rev. Stat. § 71-8610 Vocational rehabilitation services.
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(1) The commission is authorized to accept the provisions of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq., and to cooperate with the United States Government in any way necessary to enable the commission to receive federal funds for the vocational reh…
Neb. Rev. Stat. § 71-8610.01 Certified vocational rehabilitation counselor for the blind; duties.
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A certified vocational rehabilitation counselor for the blind's duties shall include, but not be limited to, the following: (1) Assist blind persons, their families, groups of blind persons, or employers of blind persons through the counseling relationship to develop understandin…
Neb. Rev. Stat. § 71-8610.02 Vocational rehabilitation counseling for the blind; certified vocational rehabilitation counselor for the blind; certification required; qualifications; continuing competency requirements.
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(1) No person shall engage in vocational rehabilitation counseling for the blind or hold himself or herself out as a certified vocational rehabilitation counselor for the blind in the state unless he or she is certified for such purpose by the commission. (2) A certified vocation…
Neb. Rev. Stat. § 71-8611 Vending facilities; license; priority status.
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For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons, and stimulating blind persons to greater efforts in striving to make themselves self-supporting, the commission shall administer and operate vending fac…
Neb. Rev. Stat. § 71-8612 Commission for the Blind and Visually Impaired Cash Fund; created; use; investment.
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The Commission for the Blind and Visually Impaired Cash Fund is created. The fund shall contain money received pursuant to the Commission for the Blind and Visually Impaired Act and shall include a percentage of the net proceeds derived from the operation of vending facilities. T…
Neb. Rev. Stat. § 71-8613 Annual report.
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The commission shall file an annual report with the Governor and the Clerk of the Legislature, prior to each regular session of the Legislature, which details the activities and expenditures of the commission and shall include separately information related to the activities and …
Neb. Rev. Stat. § 71-8614 Hearing authorized.
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The commission shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any action or failure to act arising from the operation or administration of any service or program authorized under the Commission for the Bli…
Neb. Rev. Stat. § 71-8615 Rules and regulations.
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The commission shall adopt and promulgate rules and regulations as necessary to implement the purposes of the Commission for the Blind and Visually Impaired Act.
Neb. Rev. Stat. § 71-8616 Transfer of property to commission; contracts and agreements; effect.
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(1) All property, equipment, supplies, and personnel which belonged to, were allocated to, or were used to support the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services prior to July 1, 2000, are transferred to the Co…