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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-6,115 Information; confidentiality.
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All information reported to the department pursuant to section 81-6,114 shall be privileged communications, shall not be discoverable or subject to subpoena, and may not be used or offered or received in evidence in any legal proceeding of any kind or character. Such information …
Neb. Rev. Stat. § 81-6,116 Information; use.
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Information reported under section 81-6,114 may be used by the department for statistical and public health planning purposes and for other public health purposes as identified by the department in rule and regulation.
Neb. Rev. Stat. § 81-6,117 Department; annual statistical report.
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The department shall publish an annual statistical report from information collected under section 81-6,114 which shall include: (1) The twenty most frequently performed outpatient surgical procedures by type of procedure; (2) the total number of persons served for each listed pr…
Neb. Rev. Stat. § 81-6,118 Costs; use in establishing licensure fees.
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Costs associated with implementation of the Outpatient Surgical Procedures Data Act may be considered by the department in determining variable costs for purposes of establishing licensure fees under section 71-434 and shall not require an appropriation of General Funds.
Neb. Rev. Stat. § 81-6,119 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to implement the Outpatient Surgical Procedures Data Act. Such rules and regulations shall comply with all applicable provisions of federal law and shall minimize the imposition of additional costs to reporting facil…
Neb. Rev. Stat. § 81-6,120 Transportation services; restrictions on providers; criminal history record information check required; fingerprinting; costs; release of results; violation; penalty.
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(1) No individual who has been convicted of a felony or of any crime involving moral turpitude, or who has been charged with or indicted for a felony or crime involving moral turpitude and there has been no final resolution of the prosecution of the crime, shall provide transport…
Neb. Rev. Stat. § 81-6,121 Persons with disabilities; legislative findings and declarations.
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The Legislature finds and declares that: (1) In 1999 the United States Supreme Court held in the case of Olmstead v. L.C., 527 U.S. 581, that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the federal Americans with Dis…
Neb. Rev. Stat. § 81-6,122 Strategic plan for providing services; department; duties; advisory committee; analysis and report; Health and Human Services Committee of the Legislature; Urban Affairs Committee of the Legislature; joint hearing; report, when.
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(1) The Department of Health and Human Services shall, in collaboration with the Department of Correctional Services, the Department of Economic Development, the Department of Labor, the Department of Transportation, the Department of Veterans' Affairs, the State Department of Ed…
Neb. Rev. Stat. § 81-6,123 Population Health Information Act; act, how cited.
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Sections 81-6,123 to 81-6,128 shall be known and may be cited as the Population Health Information Act.
Neb. Rev. Stat. § 81-6,124 Terms, defined.
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For purposes of the Population Health Information Act: (1) Clinical information means information related to the diagnosis and treatment of health conditions or services provided for health conditions; (2) Department means the Department of Health and Human Services; (3) Designat…
Neb. Rev. Stat. § 81-6,125 Act; purpose; designated health information exchange; duties; health care facility; health insurance plan; participation required; terms and conditions; individuals; opt out.
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(1) The purpose of the Population Health Information Act is to designate a health information exchange to provide the data infrastructure needed to assist in creating a healthier Nebraska and operating the electronic health records initiative. (2) The designated health informatio…
Neb. Rev. Stat. § 81-6,126 Federal funding; department; duties.
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(1) The department shall work collaboratively with the designated health information exchange to access funding through federal programs, which shall include, but not be limited to, the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, an…
Neb. Rev. Stat. § 81-6,127 Health Information Technology Board; created; members; expenses; quorum.
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(1) The Health Information Technology Board is created. The board shall have twenty-one members. Except for members designated in subdivision (2)(o) of this section, the members shall be appointed by the Governor with the approval of a majority of the members of the Legislature. …
Neb. Rev. Stat. § 81-6,128 Health Information Technology Board; duties; meetings; annual report.
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(1) The Health Information Technology Board shall: (a) Establish criteria for data collection and disbursement by the statewide health information exchange described in section 71-2455 and the prescription drug monitoring program created under section 71-2454 to improve the quali…
Neb. Rev. Stat. § 81-601 Department of Health and Human Services; powers.
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The Department of Health and Human Services shall have general supervision and control over matters relating to public health and sanitation and shall provide for examination as provided in section 81-602 and have supervision over all matters of quarantine and quarantine regulati…
Neb. Rev. Stat. § 81-602 Department of Health and Human Services; medical schools; inspection; examination of graduates.
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The Department of Health and Human Services shall have the right at all times to inspect the equipment and methods of teaching in all medical colleges and medical schools of the state and shall have the power to refuse examination to the graduates of any school which, on proper n…
Neb. Rev. Stat. § 81-603 Formal grievance process for families involved in child welfare system or juvenile justice system; duties; report.
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The Department of Health and Human Services shall implement a formal grievance process for families involved in the child welfare system or juvenile justice system. Such grievance process shall ensure that families are not dissuaded from utilizing the grievance process for fear o…
Neb. Rev. Stat. § 81-604 Notice to Health and Human Services Committee of the Legislature; hearing.
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The Department of Health and Human Services shall notify the chairperson and members of the Health and Human Services Committee of the Legislature prior to submitting any request or application to the Centers for Medicare and Medicaid Services of the United States Department of H…
Neb. Rev. Stat. § 81-604.01 Department of Health and Human Services; notified of facility not currently licensed; reports made; by whom; investigation.
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Any local or state agency or department, or any private facility involved in arranging or supervising placements for those persons requiring care or supervision, shall notify the Department of Health and Human Services when there is reason to believe that the total number of pers…
Neb. Rev. Stat. § 81-604.02 Division of Public Health of Department of Health and Human Services; survey and certification agency for medicare program and federal clinical laboratory requirements.
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For the purpose of assisting the citizens of the state in receiving benefits under the federal medicare law, the State of Nebraska authorizes the Division of Public Health of the Department of Health and Human Services to act as the survey and certification agency for the medicar…
Neb. Rev. Stat. § 81-604.03 Division of Public Health of Department of Health and Human Services; survey and certification agency for medicaid program; notice of violation; duties.
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The Division of Public Health of the Department of Health and Human Services is hereby authorized to act as the survey and certification agency for the medicaid program and to enter into such agreements as may be necessary to carry out its duties. On and after July 1, 2007, the d…
Neb. Rev. Stat. § 81-637 Cancer and smoking disease research; terms, defined.
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As used in sections 81-637 to 81-640, unless the context otherwise requires: (1) Cancer means all malignant neoplasm regardless of the tissue of origin, including malignant lymphoma and leukemia; (2) Department means the Department of Health and Human Services; and (3) Smoking di…
Neb. Rev. Stat. § 81-638 Cancer and smoking disease research; appropriation; distribution; contracts; requirements.
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(1) Subject to subsection (4) of this section, the Legislature shall appropriate for each year from the Health and Human Services Cash Fund to the department an amount derived from one cent of the cigarette tax imposed by section 77-2602, less any amount appropriated from the fun…
Neb. Rev. Stat. § 81-639 Cancer and smoking disease research; department; make grants and contracts; considerations.
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The department when making grants and contracts pursuant to sections 81-637 to 81-640 shall consider: (1) The relevancy of the applicant's proposal to the furthering of research of cancer and smoking diseases; (2) The feasibility of the applicant's proposal; (3) The availability …
Neb. Rev. Stat. § 81-640 Cancer and smoking disease research; department; adopt rules and regulations.
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The department shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act to: (1) Establish an application process for grants and contracts; (2) Establish criteria for programs in order to receive funding; (3) Establish criteria as to the rates …
Neb. Rev. Stat. § 81-640.01 Cancer research; legislative findings and declarations.
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The Legislature finds and declares that: (1) Cancer is a disease which strikes many Nebraska families and has an extremely detrimental effect on the lives of many Nebraskans and on the economy of this state; (2) Cancer research is of utmost importance to Nebraskans in efforts to …
Neb. Rev. Stat. § 81-642 Cancer registry; legislative intent; information released.
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It is the intent of the Legislature to require the establishment and maintenance of a cancer registry for the State of Nebraska. This responsibility is delegated to the Department of Health and Human Services along with the authority to exercise the necessary powers to implement …
Neb. Rev. Stat. § 81-643 Cancer registry; terms, defined.
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As used in sections 81-642 to 81-649.02, unless the context otherwise requires, the definitions in section 81-664 shall be used and: (1) Cancer shall mean: (a) A large group of diseases characterized by an uncontrolled growth and spread of abnormal cells; (b) any condition of tum…
Neb. Rev. Stat. § 81-644 Cancer registry; Department of Health and Human Services; establish and maintain; information released.
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The department shall establish and maintain a cancer registry that includes a record of the cases of cancer that occur within the state and such information concerning these cases which the department determines necessary and appropriate to provide a basic source of information t…
Neb. Rev. Stat. § 81-645 Cancer registry; Department of Health and Human Services; duties.
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In order to implement the intent and purposes of sections 81-642 to 81-649.02, the department shall: (1) Compile and publish a statistical report annually or at reasonable intervals containing information obtained from patient data pursuant to such sections in order to provide ac…
Neb. Rev. Stat. § 81-646 Cancer registry; hospital; health practitioner; provide data; contents.
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(1) On the request of the department or its authorized representative, each medical doctor, osteopathic physician, or dentist within the state shall produce and make available to the department or its authorized representative, in a manner prescribed by the department, data which…
Neb. Rev. Stat. § 81-647 Cancer registry; certain data; confidential; access for research.
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(1) All data obtained from medical records of individual patients is for the confidential use of the department and the private or public persons or entities that the department determines may view such records as provided in sections 81-663 to 81-675. (2) The department may appr…
Neb. Rev. Stat. § 81-648 Cancer registry; liability for providing information; limitation.
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No hospital, medical doctor, osteopathic physician, or dentist nor any administrator, officer, or employee of such hospital or office in which any such professional practices take place who is in compliance with sections 81-642 to 81-649.02 and 81-663 to 81-675 shall be civilly o…
Neb. Rev. Stat. § 81-649 Cancer registry; sections, how construed; patient and patient's family; privacy rights.
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Sections 81-642 to 81-649.02 shall not be deemed to compel any individual to submit to any medical examination or supervision by the department, any of its authorized representatives, or an approved researcher. No person who seeks information or obtains registry data pursuant to …
Neb. Rev. Stat. § 81-649.02 Cancer registry; hospital; failure to report; penalty.
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Any hospital which fails to make reports as provided in sections 81-642 to 81-649.02 shall be guilty of a Class V misdemeanor for each offense.
Neb. Rev. Stat. § 81-651 Services authorized; powers.
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(1) The Department of Health and Human Services may provide visiting community nursing services or home health services to persons living in the state and may charge fees for such services. The department shall not be exempt from licensure as a home health agency under the Health…
Neb. Rev. Stat. § 81-652 Home health agency; funding authorized.
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The Department of Health and Human Services may (1) charge and receive fees, (2) accept third-party reimbursements or matching funds from any federal governmental agency, private corporation, or other public or private organization or entity, and (3) accept grants or donations fr…
Neb. Rev. Stat. § 81-653 Act, how cited; brain injury registry; legislative intent.
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(1) Sections 81-653 to 81-662 shall be known and may be cited as the Brain Injury Registry Act. (2) The intent of the Brain Injury Registry Act is to require the establishment and maintenance of a brain injury registry in and for the State of Nebraska. (3) The purpose of the brai…
Neb. Rev. Stat. § 81-654 Brain injury registry; terms, defined.
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For purposes of the Brain Injury Registry Act: (1) Brain or head injury means clinically evident neurotrauma resulting directly or indirectly from closed or penetrating brain or head trauma, infection, febrile condition, anoxia, vascular lesions, toxin, or spinal cord injury, not…
Neb. Rev. Stat. § 81-655 Brain injury registry; Department of Health and Human Services; establish and maintain; information released.
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The department shall establish and maintain the brain injury registry. The registry shall consist of information concerning persons with brain or head injury that occurs within the state. The registry shall include such information as the department deems necessary and appropriat…
Neb. Rev. Stat. § 81-656 Brain injury registry; Department of Health and Human Services; duties.
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In order to implement the intent and purposes of the Brain Injury Registry Act, the department shall: (1) Adopt and promulgate necessary rules and regulations to carry out the act, including, but not limited to, a uniform system of classification of brain or head injury which is …
Neb. Rev. Stat. § 81-657 Brain injury registry; physician, psychologist, hospital, and rehabilitation center; report required; contents.
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(1) If a person with brain or head injury is treated in this state in the office of a physician or psychologist licensed to practice in this state but is not admitted to a hospital within this state, the treating physician or psychologist shall provide a report of such injury to …
Neb. Rev. Stat. § 81-659 Brain injury registry; certain data; confidential; access; when.
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No patient-identifying data as defined in section 81-664 shall be disclosed, made public, or released by the department to any public or private person or entity. All other data obtained from medical records of persons sustaining brain or head injury is for the confidential use a…
Neb. Rev. Stat. § 81-660 Brain injury registry; liability for providing information; limitation.
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No physician, psychologist, hospital, or administrator, officer, or employee of a hospital or medical professional who is in compliance with sections 81-657 and 81-663 to 81-675 shall be civilly or criminally liable for disclosing the information required under section 81-657.
Neb. Rev. Stat. § 81-662 Brain injury; department; provide information regarding services.
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Within thirty days after receiving a report of brain or head injury, the department shall provide relevant and timely information to the person with such injury to assist such person in accessing necessary and appropriate services relating to such injury. The department may devel…
Neb. Rev. Stat. § 81-663 Release of data; legislative findings.
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The Legislature finds that there is a need to establish a framework for consistent release of medical record and health information from the many registries and databases the department maintains for the State of Nebraska. The purpose of the release of data is to encourage resear…
Neb. Rev. Stat. § 81-664 Terms, defined.
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For purposes of sections 81-663 to 81-675: (1) Aggregate data means data contained in the medical record and health information registries maintained by the department which is compiled in a statistical format and which does not include patient-identifying data; (2) Approved rese…
Neb. Rev. Stat. § 81-665 Department of Health and Human Services; duties.
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To implement the intent and purposes of sections 81-663 to 81-675, the department shall: (1) Adopt and promulgate necessary rules and regulations, including rules and regulations for the frequency and form of information submitted and for standards and procedures for approving re…
Neb. Rev. Stat. § 81-666 Approved researcher; application; contents; Department of Health and Human Services; powers.
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The department may approve an individual or entity to be an approved researcher upon application and proof satisfactory to the department that the applicant is a qualified researcher, that the data will be used for bona fide scientific or medical research for prevention, cure, or…
Neb. Rev. Stat. § 81-667 Medical records; classification.
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Medical records provided to the department for use in its medical record and health information registries shall be classified for release according to the following categories: (1) Class I data shall be confidential with release only in aggregate data reports created by the depa…