Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-922 Mental health board proceedings; commencement; custody; conditions; dismissal; when.
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(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-921 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under secti…
Neb. Rev. Stat. § 71-923 Petition; summons; hearing; sheriff; duties; failure to appear; warrant for custody.
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Upon the filing of the petition under section 71-921, the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal gu…
Neb. Rev. Stat. § 71-924 Hearing; mental health board; duties.
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(1) A hearing shall be held by the mental health board to determine whether there is clear and convincing evidence that the subject is mentally ill and dangerous as alleged in the petition. (2) At the commencement of the hearing, the board shall inquire whether the subject has re…
Neb. Rev. Stat. § 71-925 Burden of proof; mental health board; hearing; orders authorized; conditions; rehearing.
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(1) The state has the burden to prove by clear and convincing evidence that (a) the subject is mentally ill and dangerous and (b) neither voluntary hospitalization nor other treatment alternatives less restrictive of the subject's liberty than inpatient or outpatient treatment or…
Neb. Rev. Stat. § 71-926 Subject; custody pending entry of treatment order.
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(1) At the conclusion of a mental health board hearing under section 71-924 and prior to the entry of a treatment order by the board under section 71-925, the board may (a) order that the subject be retained in custody until the entry of such order and the subject may be admitted…
Neb. Rev. Stat. § 71-927 Mentally ill and dangerous subject; board; issue warrant; contents; immunity.
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If the mental health board finds the subject to be mentally ill and dangerous and commits the subject to the custody of the Department of Health and Human Services to receive inpatient treatment, the department shall secure placement of the subject in an appropriate inpatient tre…
Neb. Rev. Stat. § 71-928 Inpatient treatment; subject taken to facility; procedure.
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When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-927, together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such warr…
Neb. Rev. Stat. § 71-929 Mental health board; execution of warrants; costs; procedure; subject domiciled in Indian country; transportation to treatment facility; reimbursement.
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(1) If a mental health board issues a warrant for the admission or return of a subject to a treatment facility and funds to pay the expenses thereof are needed in advance, the board shall estimate the probable expense of conveying the subject to the treatment facility, including …
Neb. Rev. Stat. § 71-930 Treatment order of mental health board; appeal; final order of district court; appeal.
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The subject of a petition or the county attorney may appeal a treatment order of the mental health board under section 71-925 to the district court. Such appeals shall be de novo on the record. A final order of the district court may be appealed to the Court of Appeals in accorda…
Neb. Rev. Stat. § 71-9301 Act, how cited.
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Sections 71-9301 to 71-9306 shall be known and may be cited as the Home Care Consumer Bill of Rights Act.
Neb. Rev. Stat. § 71-9302 Terms, defined.
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For purposes of the Home Care Consumer Bill of Rights Act: (1) Home care consumer means any person who receives home care services and who is (a) sixty years of age or older or (b) a person with disabilities and is younger than sixty years of age. Home care consumer shall also in…
Neb. Rev. Stat. § 71-9303 Minor child; incapacitated person; representation; assistance in securing rights.
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(1) A home care consumer who is a minor child shall be represented by his or her parent or guardian. Such parent or guardian shall act on behalf of the minor child in securing the minor child’s rights under the Home Care Consumer Bill of Rights Act. (2) A home care consumer who h…
Neb. Rev. Stat. § 71-9304 Rights.
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In addition to any other rights recognized under state or federal law, a home care consumer has the following rights: (1) The right to confidentiality of all personal, financial, and medical information which is disclosed to a provider of home care services. A home care consumer …
Neb. Rev. Stat. § 71-9305 Attorney General; enforcement; powers; civil action; civil penalty; damages.
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(1) When the Attorney General has cause to believe that any provider of home care services is violating the Home Care Consumer Bill of Rights Act, the Attorney General may enforce the act. (2) For purposes of the act, the Attorney General may: (a) Require a provider of home care …
Neb. Rev. Stat. § 71-9306 Civil action.
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Any home care consumer who suffers a loss or harm as a result of a violation of the Home Care Consumer Bill of Rights Act may file a civil action to recover actual damages, attorney’s fees, court costs, and any other remedies provided by law.
Neb. Rev. Stat. § 71-931 Treatment order; individualized treatment plan; contents; copy; filed; treatment; when commenced.
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(1) Any treatment order entered by a mental health board under section 71-925 shall include directions for (a) the preparation and implementation of an individualized treatment plan for the subject and (b) documentation and reporting of the subject's progress under such plan. (2)…
Neb. Rev. Stat. § 71-932 Person responsible for subject's individualized treatment plan; periodic progress reports; copies; filed and served.
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The person or entity designated by the mental health board under section 71-931 to prepare and oversee the subject's individualized treatment plan shall submit periodic reports to the mental health board of the subject's progress under such plan and any modifications to the plan.…
Neb. Rev. Stat. § 71-933 Outpatient treatment provider; duties; investigation by county attorney; warrant for immediate custody of subject; when.
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(1) Any provider of outpatient treatment to a subject ordered by a mental health board to receive such treatment shall report to the board and to the county attorney if (a) the subject is not complying with his or her individualized treatment plan, (b) the subject is not followin…
Neb. Rev. Stat. § 71-934 Outpatient treatment; hearing by board; warrant for custody of subject; subject's rights; board determination.
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The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such sub…
Neb. Rev. Stat. § 71-935 Mental health board; review hearing; order discharge or change treatment disposition; when.
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(1) Upon the filing of a periodic report under section 71-932, the subject, the subject's counsel, or the subject's legal guardian or conservator, if any, may request and shall be entitled to a review hearing by the mental health board and to seek from the board an order of disch…
Neb. Rev. Stat. § 71-936 Regional center or treatment facility; administrator; discharge of involuntary patient; notice.
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When the administrator of any regional center or treatment facility for the treatment of persons who are mentally ill or substance dependent determines that any involuntary patient in such facility may be safely and properly discharged or placed on convalescent leave, the adminis…
Neb. Rev. Stat. § 71-937 Notice of release; mental health board; hearing; tribal court.
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(1) A mental health board shall be notified in writing of the release by the treatment facility of any individual committed by the mental health board. Such notice shall immediately be forwarded to the county attorney. The mental health board shall, upon the motion of the county …
Neb. Rev. Stat. § 71-938 Mental health board; person released from treatment; compliance with conditions of release; conduct hearing; make determination.
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The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from …
Neb. Rev. Stat. § 71-939 Escape from treatment facility or program; notification required; warrant; execution; peace officer; powers.
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(1)(a) When any person receiving treatment at a treatment facility or program for persons with mental illness or substance dependence pursuant to an order of a court or mental health board is absent without authorization from such treatment facility or program, the administrator …
Neb. Rev. Stat. § 71-940 Person with mental illness or substance dependence; committed under other state's laws; return to other state; procedure; warrant issued.
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The Governor may, upon demand from officials of another state, deliver to the executive authority of another state or his or her designee any person who is absent without authorization from a treatment facility or program for persons with mental illness or substance dependence to…
Neb. Rev. Stat. § 71-9401 Act, how cited.
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Sections 71-9401 to 71-9408 shall be known and may be cited as the Assisting Caregiver Transitions Act.
Neb. Rev. Stat. § 71-9402 Terms, defined.
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For purposes of the Assisting Caregiver Transitions Act: (1) Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administration of medication, and similar activities; (2) Aftercare means assistance provided by a caregiver to a patient in the p…
Neb. Rev. Stat. § 71-9403 Designation of caregiver; hospital; duties.
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(1) A hospital shall give each patient or patient’s legal guardian the opportunity to designate at least one caregiver as soon as practicable and prior to the patient’s release. (2) If a patient is unconscious or incapacitated upon his or her admission to the hospital, the hospit…
Neb. Rev. Stat. § 71-9404 Designation of caregiver; record; contents; effect of designation.
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(1) If a patient or a patient’s legal guardian designates a caregiver, the hospital shall record in the patient’s medical record the designated caregiver’s name, his or her relationship to the patient, and the caregiver’s telephone number, residence address, and other contact inf…
Neb. Rev. Stat. § 71-9405 Notification of discharge or transfer.
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If a patient or a patient’s legal guardian designates a caregiver, the hospital shall notify the caregiver of the patient’s discharge from the hospital or transfer to another facility as soon as practicable which may be after the patient’s physician issues a discharge or transfer…
Neb. Rev. Stat. § 71-9406 Discharge plan; contents; instructions concerning aftercare tasks; documentation.
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(1) As soon as possible after designation of a caregiver and prior to the patient’s discharge, the hospital shall attempt to consult with the patient or the patient’s legal guardian and the caregiver and shall issue a discharge plan that describes the patient’s aftercare needs. T…
Neb. Rev. Stat. § 71-9407 Assisting Caregiver Transitions Act; effect.
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The Assisting Caregiver Transitions Act does not: (1) Create a private right of action against a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship; (2) Create additional civil or regulatory liability for a hospital, a hospital employ…
Neb. Rev. Stat. § 71-9408 Rules and regulations.
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The Department of Health and Human Services may adopt and promulgate rules and regulations to carry out the Assisting Caregiver Transitions Act.
Neb. Rev. Stat. § 71-941 Person with mental illness or substance dependence; arrested under warrant; notice; rights; writ of habeas corpus; hearing.
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(1) A person arrested upon a warrant pursuant to section 71-940 shall not be delivered to a demanding state until he or she is notified of the demand for his or her surrender and has had an opportunity to apply for a writ of habeas corpus. If an application is filed, notice of th…
Neb. Rev. Stat. § 71-942 Person with mental illness, substance dependence, or personality disorder; dangerous sex offender; located outside state; demand return; procedure.
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The Governor may appoint an agent to demand of the executive authority of another state any person who is located in such other state, who was receiving treatment at a treatment facility or program in this state pursuant to the Nebraska Mental Health Commitment Act, the Sex Offen…
Neb. Rev. Stat. § 71-943 Subjects' rights during proceedings against them.
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In addition to the rights granted subjects by any other provisions of the Nebraska Mental Health Commitment Act, such subjects shall be entitled to the rights provided in sections 71-943 to 71-960 during proceedings concerning the subjects under the act.
Neb. Rev. Stat. § 71-944 Subject's rights; written notice of the time and place of hearing; reasons alleged for treatment; procedure.
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A subject shall, in advance of the mental health board hearing conducted under section 71-924 or 71-1208, be entitled to written notice of the time and place of such hearing, the reasons alleged for believing that he or she is mentally ill and dangerous or a dangerous sex offende…
Neb. Rev. Stat. § 71-945 Subject's rights; representation by counsel; appointment of counsel if indigent.
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A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. Counsel for a subject who is in custody shall have full access to and the right to consult privately with the subject…
Neb. Rev. Stat. § 71-946 Appointment of counsel; procedure.
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(1) The appointment of counsel under section 71-945 shall be in accordance with this section. (2) In counties not having a public defender, upon the receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify …
Neb. Rev. Stat. § 71-947 Appointed counsel; fees; reimbursement of costs incurred; procedure.
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Counsel appointed as provided in subsection (2) of section 71-946 shall apply to the court in which his or her appointment is recorded for fees for services performed. Such counsel may also apply to the court to secure separate professional examination of the person for whom coun…
Neb. Rev. Stat. § 71-948 Subject's rights; independent evaluation and assistance in proceedings; fees and expenses.
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A subject or the subject's counsel shall have the right to employ mental health professionals of his or her choice to independently evaluate the subject's mental condition and testify for and otherwise assist the subject in proceedings under the Nebraska Mental Health Commitment …
Neb. Rev. Stat. § 71-949 Counsel for subject; rights; enumerated; discovery; appeal from denial of discovery; when.
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Counsel for a subject, upon request made to the county attorney at any time after the subject has been taken into emergency protective custody under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, or after the filing of a petition under section 71-92…
Neb. Rev. Stat. § 71-950 Continuances; liberally granted.
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Continuances shall be liberally granted at the request of the subject. Continuances may be granted to permit the subject to obtain voluntary treatment at a private facility.
Neb. Rev. Stat. § 71-9501 Act, how cited.
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Sections 71-9501 to 71-9511 shall be known and may be cited as the Direct Primary Care Agreement Act.
Neb. Rev. Stat. § 71-9502 Legislative intent; purpose of act.
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(1) It is the intent of the Legislature to promote personal responsibility for health care and cost-effective delivery of health care by enabling the innovative use of direct primary care practice agreements for primary medical care in order to improve access to medical care, red…
Neb. Rev. Stat. § 71-9503 Terms, defined.
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For purposes of the Direct Primary Care Agreement Act: (1) Direct agreement means a direct primary care agreement entered into on or after July 21, 2016, meeting the requirements of section 71-9504; (2) Direct patient means an individual or family that is party to a direct agreem…
Neb. Rev. Stat. § 71-9504 Direct agreement; requirements; notice; copy to direct patient.
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(1) In order to be a valid direct agreement for purposes of the Direct Primary Care Agreement Act, a direct agreement between a direct provider and a direct patient or the patient's representative in which the direct provider charges a direct service charge as consideration for b…
Neb. Rev. Stat. § 71-9505 Direct provider; provide written disclaimer; notice; contents.
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A direct provider shall provide a written disclaimer on or accompanying each application for primary care services under a direct agreement with the direct provider and any guidelines distributed by or on behalf of the direct provider that informs a patient of his or her financia…
Neb. Rev. Stat. § 71-9506 Direct provider; limitation on activities; duty.
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(1) A direct provider shall not refuse to accept a new direct patient or discontinue care to an existing direct patient solely because of the patient’s health status. (2) A direct provider shall provide at least sixty days’ advance notice to an existing direct patient of any chan…
Neb. Rev. Stat. § 71-9507 Direct agreement; not insurance; certificate of authority or license not required; billing limitations.
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(1) A direct agreement is not insurance and is not subject to Chapter 44. (2) Neither a direct provider nor an agent of a direct provider is required to obtain a certificate of authority or license under Chapter 44 to market, sell, or offer to sell a direct agreement. (3) A direc…