reglab/housing_qa huggingface dataset:
NE Code § 44-8215 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8215 - Suspension or revocation of certificate of authority; administrative fine; grounds; notice; hearing; cease and desist order.

44-8215.  Suspension or revocation of certificate of authority; administrative fine; grounds; notice; hearing; cease and desist order.(1) After notice and a hearing conducted pursuant to the Administrative Procedure Act, the director may suspend or revoke a certificate of authority or may impose an administrative fine not to exceed one thousand dollars per violation, or any combination of such actions, if the director finds the captive insurer:(a) Engages in financial practices that make further transaction of business in this state hazardous or injurious to claimants or the public as defined by rule and regulation adopted and promulgated by the director;(b) Within fifteen business days fails to respond to an inquiry of the director;(c) Fails to pay any final judgment rendered against it in this state on any contractual obligation in a reasonable period of time;(d) Conducts business fraudulently or has not met its contractual obligations in good faith; or(e) Violates any provision of the laws of this or any other state.(2) In lieu of or in addition to the administrative fines set forth in subsection (1) of this section, the director may issue a cease and desist order to a captive insurer if the captive insurer engages in any of the activities set forth in subsection (1) of this section.Source Laws 2007, LB117, § 49. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-8217 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8217 - Rules and regulations.

44-8217.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Captive Insurers Act.Source Laws 2007, LB117, § 51.
NE Code § 44-8218 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8218 - Applicability of insurance laws.

44-8218.  Applicability of insurance laws.(1) The insurance laws of this state shall not apply to captive insurers except as permitted in the Captive Insurers Act.(2) The following provisions of Chapter 44 apply to captive insurers:(a) The Insurers Examination Act;(b) Sections 44-101, 44-101.01, 44-102, 44-103, 44-114, 44-116, 44-154, 44-205.01, 44-231, 44-301, 44-318, 44-320, 44-326, and 44-360; and(c) The Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act. Such act shall only apply to a captive insurer that provides insurance and reinsurance to a parent or affiliated entity that is an insurer.Source Laws 2007, LB117, § 52. Cross References   Insurers Examination Act, see section 44-5901.  Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
NE Code § 44-8301 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8301 - Act, how cited.

44-8301.  Act, how cited.Sections 44-8301 to 44-8316 shall be known and may be cited as the Discount Medical Plan Organization Act.Source Laws 2008, LB855, § 33.
NE Code § 44-8302 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8302 - Purpose of act.

44-8302.  Purpose of act.The purpose of the Discount Medical Plan Organization Act is to promote the public interest by establishing standards for discount medical plan organizations to protect consumers from unfair or deceptive marketing, sales, or enrollment practices and to facilitate consumer understanding of the role and function of discount medical plan organizations in providing access to medical or ancillary services.Source Laws 2008, LB855, § 34.
NE Code § 44-8304 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8304 - Control; presumption.

44-8304.  Control; presumption.Control as used in the Discount Medical Plan Organization Act is presumed to exist if any person, directly or indirectly, owns, holds with the power to vote, or holds proxies representing ten percent or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided in subsection (11) of section 44-2132 that control does not exist in fact. The director may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support the determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.Source Laws 2008, LB855, § 36.
NE Code § 44-8305 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8305 - Applicability of act.

44-8305.  Applicability of act.(1) The Discount Medical Plan Organization Act applies to all discount medical plan organizations doing business in or from this state.(2) A discount medical plan organization that is a health carrier is not required to obtain a certificate of registration under section 44-8306, except that each of its affiliates that operates as a discount medical plan organization in this state shall obtain a certificate of registration under section 44-8306 and comply with all other provisions of the act. The discount medical plan organization is required to comply with sections 44-8308 to 44-8311 and report, in the form and manner as the director may require, any of the information described in subsection (2) of section 44-8313 that is not otherwise already reported.(3) A provider who provides discounts to his or her own patients without any cost or fee of any kind to the patient is not required to obtain and maintain a certificate of registration under the act as a discount medical plan organization.Source Laws 2008, LB855, § 37.
NE Code § 44-8307 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8307 - Director; examination or investigation; powers; expenses.

44-8307.  Director; examination or investigation; powers; expenses.(1) The director may examine or investigate the business and affairs of any discount medical plan organization to protect the interests of the residents of this state based on the following reasons, including, but not limited to, complaint indices, recent complaints, information from other states, or as the director deems necessary.(2) An examination or investigation conducted as provided in subsection (1) of this section shall be performed in accordance with the provisions of the Insurers Examination Act.(3) The director may:(a) Order any discount medical plan organization or applicant that operates a discount medical plan organization to produce any records, books, files, advertising and solicitation materials, or other information; and(b) Take statements under oath to determine whether the discount medical plan organization or applicant is in violation of the law or is acting contrary to the public interest.(4) The discount medical plan organization or applicant that is the subject of the examination or investigation shall pay the expenses incurred in conducting the examination or investigation. Failure by the discount medical plan organization or applicant to pay such expenses is grounds for denial of a certificate of registration to operate as a discount medical plan organization or revocation of a certificate of registration to operate as a discount medical plan organization.Source Laws 2008, LB855, § 39. Cross References  Insurers Examination Act, see section 44-5901.
NE Code § 44-8308 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8308 - Charges authorized; right to cancel membership; plan sold in conjunction with other products; duties.

44-8308.  Charges authorized; right to cancel membership; plan sold in conjunction with other products; duties.(1) A discount medical plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount medical plan.(2)(a)(i) If a member cancels his or her membership in the discount medical plan organization within thirty days after the date of receipt of the written document for the discount medical plan described in subsection (4) of section 44-8311, the member shall receive a reimbursement of all periodic charges and the amount of any one-time processing fee that exceeds thirty dollars upon return of the discount medical plan card to the discount medical plan organization.(ii)(A) Cancellation occurs when notice of cancellation is given to the discount medical plan organization.(B) Notice of cancellation is deemed given when delivered by hand or deposited in a mailbox, properly addressed, and postage prepaid to the mailing address of the discount medical plan organization.(iii) A discount medical plan organization shall return any periodic charge charged or collected after the member has returned the discount medical plan card or given the discount medical plan organization notice of cancellation.(b) If the discount medical plan organization cancels a membership for any reason other than nonpayment of charges by the member, the discount medical plan organization shall make a pro rata reimbursement of all periodic charges to the member.(3) When a marketer or discount medical plan organization sells a discount medical plan in conjunction with any other products, the marketer or discount medical plan organization shall:(a) Provide the charges for each discount medical plan in writing to the member; or(b) Reimburse the member for all periodic charges for the discount medical plan if the member cancels his or her membership in accordance with subdivision (2)(a) of this section.(4) Any discount medical plan organization that is a health carrier that provides a discount medical plan product that is incidental to the insured product is not subject to this section.Source Laws 2008, LB855, § 40.
NE Code § 44-8310 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8310 - Marketing; written agreement required; approval of advertising; powers of director.

44-8310.  Marketing; written agreement required; approval of advertising; powers of director.(1) A discount medical plan organization may market directly or contract with other marketers for the distribution of its product.(2)(a) The discount medical plan organization shall have an executed written agreement with each marketer prior to the marketer's marketing, promoting, selling, or distributing the discount medical plan.(b) The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures, and discount medical plan cards without the discount medical plan organization's approval in writing.(c) The discount medical plan organization shall be bound by and responsible for the activities of a marketer that are within the scope of the marketer's agency relationship with the organization.(3) A discount medical plan organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards used by marketers to market, promote, sell, or distribute the discount medical plan prior to their use.(4) Upon request, a discount medical plan organization shall submit to the director all advertising, marketing materials, and brochures regarding a discount medical plan.Source Laws 2008, LB855, § 42.
NE Code § 44-8312 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8312 - Change in information; notice to director.

44-8312.  Change in information; notice to director.Each discount medical plan organization shall provide the director notice of any change in the discount medical plan organization's name, address, telephone number, principal business address or mailing address, or Internet website address no less than thirty days before such change is to occur.Source Laws 2008, LB855, § 44.
NE Code § 44-8313 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8313 - Annual report; contents; failure to file; effect.

44-8313.  Annual report; contents; failure to file; effect.(1) If the information required in subsection (2) of this section is not provided at the time of renewal of a certificate of registration under section 44-8306, a discount medical plan organization shall file an annual report with the director in the form prescribed by the director within three months after the end of each fiscal year.(2) The report shall include:(a) If different from the initial application for a certificate of registration or at the time of renewal of a certificate of registration, a list of the names and residence addresses of all persons responsible for the conduct of the organization's affairs, together with a disclosure of the extent and nature of any contracts or arrangements with such persons and the discount medical plan organization, including any possible conflicts of interest;(b) The number of discount medical plan members in the state; and(c) Any other information relating to the performance of the discount medical plan organization that may be required by the director.(3)(a) Any discount medical plan organization that fails to file an annual report in the form and within the time required by this section shall forfeit:(i) Up to five hundred dollars each day for the first ten days during which the violation continues; and(ii) Up to one thousand dollars each day after the first ten days during which the violation continues.(b) Upon notice by the director, the discount medical plan organization described in subdivision (a) of this subsection shall lose its authority to enroll new members or to do business in this state if the violation continues.Source Laws 2008, LB855, § 45.
NE Code § 44-8314 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8314 - Violation; unfair trade practice; administrative penalty; fraudulent insurance act; restitution.

44-8314.  Violation; unfair trade practice; administrative penalty; fraudulent insurance act; restitution.(1) A violation of the Discount Medical Plan Organization Act shall be an unfair trade practice under the Unfair Insurance Trade Practices Act.(2) In addition to the penalties and other enforcement provisions of the Discount Medical Plan Organization Act, any person who willfully violates the act is subject to administrative penalties of up to one thousand dollars per violation.(3) A person that willfully operates as or aids and abets another operating as a discount medical plan organization in violation of subsection (1) of section 44-8306 commits a fraudulent insurance act under section 28-631.(4) A person that collects fees for purported membership in a discount medical plan but purposefully fails to provide the promised benefits commits a fraudulent insurance act under section 28-631. In addition, upon conviction, such person shall be ordered to pay restitution to persons aggrieved by the violation of the act. Restitution shall be ordered in addition to a fine or imprisonment, but not in lieu of such fine or imprisonment.Source Laws 2008, LB855, § 46. Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.
NE Code § 44-8315 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8315 - Violations of act; cease and desist order; hearing; appeal; director; additional powers.

44-8315.  Violations of act; cease and desist order; hearing; appeal; director; additional powers.(1) The director may issue an order directing a discount medical plan organization to cease and desist from engaging in any action or practice in violation of the Discount Medical Plan Organization Act. Within ten days after service of the cease and desist order, the organization may request a hearing on the question of whether an action or practice in violation of the act has occurred. Such hearing shall be conducted as provided by the Administrative Procedure Act. The organization may appeal the decision of the director. Such appeal shall be in accordance with the Administrative Procedure Act.(2)(a) In addition to the penalties and other enforcement provisions of the Discount Medical Plan Organization Act, the director may seek both temporary and permanent injunctive relief when:(i) A discount medical plan is being operated by a person or entity that is not registered pursuant to the act; or(ii) Any person, entity, or discount medical plan organization has engaged in any activity prohibited by the act or any rules or regulations adopted and promulgated pursuant to the act.(b) The district court of Lancaster County shall have exclusive jurisdiction over any proceeding brought pursuant to this section.(3) The director's authority to seek relief under this section is not conditioned upon having conducted any proceeding pursuant to the provisions of the Administrative Procedure Act.Source Laws 2008, LB855, § 47. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-8316 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8316 - Rules and regulations.

44-8316.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the provisions of the Discount Medical Plan Organization Act.Source Laws 2008, LB855, § 48.
NE Code § 44-8401 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8401 - Act, how cited.

44-8401.  Act, how cited.Sections 44-8401 to 44-8404 shall be known and may be cited as the Mandate Opt-Out and Insurance Coverage Clarification Act.Source Laws 2011, LB22, § 1.
NE Code § 44-8402 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8402 - Legislative findings.

44-8402.  Legislative findings.(1) The Legislature finds that:(a) In the federal Patient Protection and Affordable Care Act, Public Law 111-148, federal tax dollars are routed via affordability credits to qualified health insurance plans offered through a health insurance exchange created under the act, including plans that provide coverage for abortion;(b) Federal funding for health insurance plans that cover abortions is prohibited by the federal statutory restriction commonly known as the Hyde Amendment and the Federal Employees Health Benefits Program established under Chapter 89 of Title 5 of the United States Code, as amended;(c) Section 1303 of the federal Patient Protection and Affordable Care Act explicitly permits each state to pass laws prohibiting qualified health insurance plans offered through a health insurance exchange created under the act in such state from offering abortion coverage. Such section allows a state to prohibit the use of public funds to subsidize health insurance plans that cover abortions within the state;(d) The laws of the State of Nebraska provide that group health insurance plans or health maintenance agreements paid for with public funds shall not cover abortion unless necessary to prevent the death of the woman;(e) Rust v. Sullivan, 500 U.S. 173 (1991), states that it is permissible for a state to engage in unequal subsidization of abortion and other medical services to encourage alternative activity deemed in the public interest; and(f) A majority of the citizens of the State of Nebraska, like other Americans, oppose the use of public funds, both federal and state, to pay for abortions.(2) Based on the findings in subsection (1) of this section, it is the purpose of the Mandate Opt-Out and Insurance Coverage Clarification Act to affirmatively opt out of allowing qualified health insurance plans that cover abortions to participate in health insurance exchanges within the State of Nebraska. Further, it is also the purpose of the act to limit the coverage of abortion in all health insurance plans, contracts, or policies delivered or issued for delivery in the State of Nebraska.Source Laws 2011, LB22, § 2.
NE Code § 44-8403 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8403 - Qualified health insurance plan offered through health insurance exchange; abortion coverage; restriction; health insurance plan, contract, or policy; optional rider.

44-8403.  Qualified health insurance plan offered through health insurance exchange; abortion coverage; restriction; health insurance plan, contract, or policy; optional rider.(1) No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-148, within the State of Nebraska. This subsection shall not apply to coverage for an abortion which is verified in writing by the attending physician as necessary to prevent the death of the woman or to coverage for medical complications arising from an abortion.(2) No health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska shall provide coverage for an elective abortion except through an optional rider to the policy for which an additional premium is paid solely by the insured. This subsection applies to any health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska by any health insurer, any nonprofit hospital, medical, surgical, dental, or health service corporation, any group health insurer, and any health maintenance organization subject to the laws of insurance in this state and any employer providing self-funded health insurance for his or her employees. This subsection also applies to any plan provision of hospital, medical, surgical, or funeral benefits or of coverage against accidental death or injury if such benefits or coverage are incidental to or a part of any other insurance plan delivered or issued for delivery in the State of Nebraska.(3) The issuer of a health insurance plan, contract, or policy in the State of Nebraska shall not provide any incentive or discount to an insured if the insured elects abortion coverage.(4) For purposes of this section, elective abortion means an abortion (a) other than a spontaneous abortion or (b) that is performed for any reason other than to prevent the death of the female upon whom the abortion is performed.Source Laws 2011, LB22, § 3.
NE Code § 44-8404 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8404 - Act; not construed as right to abortion.

44-8404.  Act; not construed as right to abortion.Nothing in the Mandate Opt-Out and Insurance Coverage Clarification Act shall be construed as creating a right to an abortion.Source Laws 2011, LB22, § 4.
NE Code § 44-8501 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8501 - Act, how cited.

44-8501.  Act, how cited.Sections 44-8501 to 44-8509 shall be known and may be cited as the Portable Electronics Insurance Act.Source Laws 2011, LB535, § 1.