reglab/housing_qa huggingface dataset:
NE Code § 44-8002 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8002 - Terms, defined.

44-8002.  Terms, defined.For purposes of the Health Care Prompt Payment Act:(1) Claim form means an insurer's standard printed or electronic transaction form that complies with the standards issued by the Secretary of the United States Department of Health and Human Services or, if an insurer does not have a standard printed or electronic transaction form, any form which complies with such standards;(2) Clean claim means a claim for payment of health care services that is submitted by a Nebraska health care provider to an insurer on a claim form with all required fields completed with information to adjudicate the claim in accordance with any published filing requirements of the insurer;(3) Director means the Director of Insurance;(4) Insurer means an entity that contracts to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a prepaid limited health service organization, a prepaid dental service corporation, a participant in an insurance arrangement as defined in section 44-4105, or any other entity providing a plan of health insurance, health benefits, or health care services. Insurer does not include the medical assistance program established pursuant to the Medical Assistance Act, a property and liability insurer, a motor vehicle insurer, a workers' compensation insurer, a risk management pool, or a self-insured employer who contracts for services to be provided through a managed care plan certified pursuant to section 48-120.02;(5) Prompt payment act compliance statement means a certification made in good faith by an insurer that, during the twenty-four-month period ending on the preceding June 30, it paid, denied, or settled more than ninety percent of its clean claims within the time periods set forth in subsections (1) and (2) of section 44-8004;(6) Repricer means an entity that receives claims from health care providers and submits them to insurers after adjudicating or repricing such claims; and(7) Unfair payment pattern means any of the following patterns of conduct:(a) Engaging in a demonstrable and unjust pattern of reviewing or processing complete and accurate claims that results in payment delays;(b) Engaging in a demonstrable and unjust pattern of reducing the amount of payment or denying complete and accurate claims;(c) Repeated failure to pay the uncontested portions of a claim within the time periods specified in section 44-8004; or(d) Failing on a repeated basis to pay the interest when due on claims pursuant to section 44-8005.Source  Laws 2005, LB 389, § 2;  Laws 2006, LB 1248, § 66.  Cross References  Medical Assistance Act, see section 68-901.
NE Code § 44-8003 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8003 - Claim; date of receipt; rebuttable presumption.

44-8003.  Claim; date of receipt; rebuttable presumption.If a claim is submitted electronically, the claim is presumed to have been received on the date of the electronic verification of receipt by the insurer or the insurer's clearinghouse. If a claim is submitted by mail, the claim is presumed to have been received five business days after the claim has been placed in the United States mail with first-class postage prepaid. The presumption may be rebutted by sufficient evidence that the claim was received on another day or not received at all.Source Laws 2005, LB 389, § 3.
NE Code § 44-8004 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8004 - Action on claim; deadline.

44-8004.  Action on claim; deadline.(1) A clean claim shall be paid, denied, or settled within thirty calendar days after receipt by the insurer if submitted electronically and within forty-five calendar days after receipt if submitted in a form other than electronically.(2) If the resolution of a claim requires additional information, the insurer shall, within thirty calendar days after receipt of the claim, give the health care provider, policyholder, insured, or patient, as appropriate, a full explanation in writing of what additional information is needed to resolve the claim, including any additional medical or other information related to the claim. The applicable time period set forth in subsection (1) of this section shall be tolled as of the date the additional information is requested until the date all such additional information necessary to resolve the claim is received. The person receiving a request for such additional information shall submit all additional information requested by the insurer within thirty calendar days after receipt of such request. After such person has provided all such additional information necessary to resolve the claim, the claim shall be paid, denied, or settled by the insurer within the remaining applicable time period set forth in subsection (1) of this section. Failure to furnish additional information within the time period required shall not invalidate or reduce the claim if it was not reasonably possible to give such information within such time period. The insurer may deny a claim if a health care provider receives a request for additional information and fails to submit additional information requested under this subsection.(3) For purposes of subsection (1) of this section, a clean claim shall not include a claim:(a) For which the insurer needs additional information in order to resolve one or more issues concerning coverage, eligibility, coordination of benefits, investigation of preexisting conditions, subrogation, determination of medical necessity, or the use of unlisted procedural codes; or(b) For which the insurer has a reasonable belief supported by specific information that the claim has been submitted fraudulently.(4) If a claim is submitted to a repricer, the time periods for payment, denial, or settlement of such claims set forth in this section shall commence upon receipt of the claim by the repricer.Source Laws 2005, LB 389, § 4.
NE Code § 44-8005 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8005 - Interest; rate; payment.

44-8005.  Interest; rate; payment.(1) An insurer that fails to pay, deny, or settle a clean claim in accordance with the time periods set forth in subsection (1) of section 44-8004 or to take other required action within the time periods set forth in subsection (2) of section 44-8004 shall pay interest at the rate of twelve percent per annum on the total amount ultimately allowed on the claim, accruing from the date payment was due pursuant to section 44-8004.(2) To the extent that interest is not paid concurrently with the claim, it may be paid on a quarterly basis or when the aggregate interest for a health care provider exceeds ten dollars.Source Laws 2005, LB 389, § 5.
NE Code § 44-8006 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8006 - Prompt payment act compliance statement; filing; effect; list available.

44-8006.  Prompt payment act compliance statement; filing; effect; list available.An insurer shall be exempt from the requirements of section 44-8005 during a calendar year when the insurer has a prompt payment act compliance statement on file with the director. Any insurer desiring to obtain the exemption shall file a prompt payment act compliance statement with the director not later than December 1 of the year prior to the exemption year. A list of insurers with prompt payment act compliance statements on file shall be publicly available from the director.Source Laws 2005, LB 389, § 6.
NE Code § 44-8007 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8007 - Claims processing functions; delegation; requirements.

44-8007.  Claims processing functions; delegation; requirements.If an insurer delegates its claims processing functions to a third party, the delegation agreement shall provide that the third party shall consent to an examination and cooperate with that examination by the director and shall comply with the requirements of the Health Care Prompt Payment Act. Any delegation by the insurer shall not be construed to limit the insurer's responsibility to comply with the act.Source Laws 2005, LB 389, § 7.
NE Code § 44-8009 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8009 - Applicability of act.

44-8009.  Applicability of act.The Health Care Prompt Payment Act does not apply to any individual or group policies that provide coverage for a specific disease, accident-only coverage, hospital indemnity coverage, disability income coverage, medicare supplement coverage, long-term care coverage, or other limited-benefit coverage. The act does not apply to any claim submitted before January 1, 2006.Source Laws 2005, LB 389, § 9.
NE Code § 44-8010 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8010 - Rules and regulations.

44-8010.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Health Care Prompt Payment Act.Source Laws 2005, LB 389, § 10.
NE Code § 44-8101 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8101 - Act, how cited.

44-8101.  Act, how cited.Sections 44-8101 to 44-8109 shall be known and may be cited as the Nebraska Protection in Annuity Transactions Act.Source  Laws 2006, LB 875, § 13;  Laws 2007, LB117, § 26;  Laws 2012, LB887, § 21.
NE Code § 44-8102 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8102 - Purpose of act; cause of action; liability; act, how construed.

44-8102.  Purpose of act; cause of action; liability; act, how construed.(1) The purpose of the Nebraska Protection in Annuity Transactions Act is to require producers to act in the best interest of the consumer when making a recommendation of an annuity and to require insurers to establish and maintain a system to supervise recommendations so that the consumers' insurance needs and financial objectives at the time of the transaction are appropriately addressed.(2) Nothing in the Nebraska Protection in Annuity Transactions Act shall be construed to create or imply a private cause of action for a violation of the act or to subject a producer to civil liability under the best interest standard of care outlined in section 44-8106 or under standards governing the conduct of a fiduciary or fiduciary relationship.Source  Laws 2006, LB 875, § 14;  Laws 2007, LB117, § 27;  Laws 2012, LB887, § 22;  Laws 2021, LB22, § 1.   Effective Date: April 8, 2021
NE Code § 44-8103 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8103 - Applicability of act; rules and regulations.

44-8103.  Applicability of act; rules and regulations.(1) The Nebraska Protection in Annuity Transactions Act applies to any recommendation or sale of an annuity.(2) The Director of Insurance may adopt and promulgate rules and regulations to carry out the Nebraska Protection in Annuity Transactions Act.Source  Laws 2006, LB 875, § 15;  Laws 2007, LB117, § 28;  Laws 2012, LB887, § 23;  Laws 2021, LB22, § 2.   Effective Date: April 8, 2021
NE Code § 44-8104 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8104 - Act; exemptions.

44-8104.  Act; exemptions.Unless otherwise specifically included, the Nebraska Protection in Annuity Transactions Act does not apply to transactions involving:(1) Direct response solicitations if there is no recommendation based on information collected from the consumer pursuant to the act; or(2) Contracts used to fund:(a) An employee pension or welfare benefit plan that is covered by the federal Employee Retirement Income Security Act of 1974;(b) A plan described by section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code if established or maintained by an employer;(c) A government or church plan defined in section 414 of the Internal Revenue Code, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the Internal Revenue Code;(d) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;(e) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or(f) Contracts entered into pursuant to the Burial Pre-Need Sale Act.Source  Laws 2006, LB 875, § 16;  Laws 2007, LB117, § 29;  Laws 2012, LB887, § 24. Cross References  Burial Pre-Need Sale Act, see section 12-1101.
NE Code § 44-8107 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8107 - Insurer; duties; Director of Insurance; powers; violations.

44-8107.  Insurer; duties; Director of Insurance; powers; violations.(1) An insurer is responsible for compliance with the Nebraska Protection in Annuity Transactions Act. If a violation occurs, either because of the action or inaction of the insurer or its producer, the Director of Insurance may order:(a) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with the Nebraska Protection in Annuity Transactions Act by the insurer, an entity contracted to perform the insurer's supervisory duties, or by the producer;(b) A general agency, an independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of the act; and(c) Appropriate penalties and sanctions.(2) A violation of the act shall be an unfair trade practice in the business of insurance under the Unfair Insurance Trade Practices Act.(3) The director may reduce or eliminate any applicable penalty under section 44-1529 for a violation of the Nebraska Protection in Annuity Transactions Act if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.Source  Laws 2006, LB 875, § 19;  Laws 2007, LB117, § 32;  Laws 2012, LB887, § 27;  Laws 2021, LB22, § 5.   Effective Date: April 8, 2021  Cross References  Unfair Insurance Trade Practices Act, see section 44-1521.
NE Code § 44-8109 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8109 - Changes made to act; applicability.

44-8109.  Changes made to act; applicability.The changes made to the Nebraska Protection in Annuity Transactions Act by Laws 2021, LB22, shall apply to solicitations occurring on and after January 1, 2022.Source  Laws 2012, LB887, § 29;  Laws 2021, LB22, § 7.   Effective Date: April 8, 2021
NE Code § 44-8201 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8201 - Act, how cited.

44-8201.  Act, how cited.Sections 44-8201 to 44-8218 shall be known and may be cited as the Captive Insurers Act.Source Laws 2007, LB117, § 35.
NE Code § 44-8202 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8202 - Purposes of act.

44-8202.  Purposes of act.The purposes of the Captive Insurers Act are to set forth the procedures for organizing and regulating the operations of captive insurers within the State of Nebraska and to encourage integrity, financial solvency, and stability of captive insurers for the purpose of promoting the development of Nebraska businesses.Source Laws 2007, LB117, § 36.
NE Code § 44-8203 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8203 - Terms, defined.

44-8203.  Terms, defined.For purposes of the Captive Insurers Act:(1) Affiliated entity means any entity that directly or indirectly controls, is controlled by, or is under common control with a captive insurer;(2) Captive insurer means a domestic insurer authorized under the act to provide insurance and reinsurance to its parent, any affiliated entity, or both. Such insurance and reinsurance shall be limited to the risks, hazards, and liabilities of its parent and affiliated entities;(3) Control means the power to direct or cause the direction of the management and policies of an entity through ownership of voting securities;(4) Director means the Director of Insurance; and(5) Parent means an entity that directly or indirectly owns, controls, or holds, with power to vote, more than fifty percent of the outstanding voting securities or other ownership interest of a captive insurer.Source Laws 2007, LB117, § 37.
NE Code § 44-8204 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8204 - Name.

44-8204.  Name.No captive insurer shall adopt the name of any existing insurer or any name that may be misleading to the public.Source Laws 2007, LB117, § 38.
NE Code § 44-8206 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8206 - Management of business; director or officer; restriction.

44-8206.  Management of business; director or officer; restriction.A board of directors or other governing body consisting of not less than three individuals shall manage the business of each captive insurer. The organizational documents or bylaws shall provide for the terms, meetings, and elections of the directors and officers of the governing body. No individual may serve as a director or officer who has been convicted of fraud involving any financial institution or of a felony involving misuse of funds.Source Laws 2007, LB117, § 40.
NE Code § 44-8207 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8207 - Certificate of authority; expiration; renewal; fee.

44-8207.  Certificate of authority; expiration; renewal; fee.The certificate of authority issued to a captive insurer shall expire on June 30 of each year. The director shall renew the certificate of authority upon payment of an annual renewal fee of five hundred dollars and all other required fees and the filing of all required reports.Source Laws 2007, LB117, § 41.
NE Code § 44-8208 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8208 - Report; filing required; form; director; other reports.

44-8208.  Report; filing required; form; director; other reports.(1) Every captive insurer with a certificate of authority to transact business in this state pursuant to the Captive Insurers Act shall file with the director a report, signed and sworn to by its chief officers, of its financial condition as of the end of each fiscal year. The report shall be in a form prescribed by the director and contain such information as the director deems necessary for the purpose of ascertaining whether the captive insurer can continue to meet its policy obligations to its parent, affiliated entities, and claimants. The report shall be filed within sixty days following the end of the captive insurer's fiscal year. The director may require that the report include the information required by section 44-322, including any instructions, procedures, and guidelines consistent with the act.(2) The director may prescribe the format and frequency of other reports to be filed, which may include, but not be limited to, summary loss reports, quarterly financial statements, audited annual financial statements, holding company statements, biographical information on officers and directors, and other professional reports.Source Laws 2007, LB117, § 42.
NE Code § 44-8209 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8209 - Total capital and surplus requirements; director; powers; letter of credit requirements.

44-8209.  Total capital and surplus requirements; director; powers; letter of credit requirements.(1) No captive insurer shall be permitted to transact any business in this state unless it maintains total capital and surplus in the amount of at least one hundred thousand dollars in such form as is acceptable to the director.(2) Upon a written finding by the director that the approved plan of operation or the operational results of the captive insurer require either additional capital or a larger surplus than required by this section, the director may require that additional capital or surplus, or both, be obtained. Additional capital or surplus may be tendered in the form of an irrevocable evergreen letter of credit acceptable to the director.(3) Any letter of credit provided to satisfy the requirements of the Captive Insurers Act shall be:(a) Jointly held under the control of the director and the captive insurer for the benefit of claimants;(b) Issued or confirmed by an institution that is insured by the Federal Deposit Insurance Corporation;(c) The sole property of such captive insurer; and(d) Free and clear of any claim or encumbrance.Source Laws 2007, LB117, § 43.
NE Code § 44-8210 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8210 - Examinations.

44-8210.  Examinations.The director may examine the financial condition, affairs, and management of any applicant or captive insurer pursuant to the Insurers Examination Act.Source Laws 2007, LB117, § 44. Cross References  Insurers Examination Act, see section 44-5901.
NE Code § 44-8211 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8211 - Investments; limitation on loans and investments.

44-8211.  Investments; limitation on loans and investments.(1) Captive insurers shall be subject to the types and nature of investments as set forth in the Insurers Investment Act, but not subject to any limitations contained in such act as to invested amounts, except that the director may prohibit or limit any investment that threatens the solvency or liquidity of any such captive insurer or if such investments are not made in accordance with the approved plan of operation.(2) No captive insurer may make a loan to or an investment in its parent or affiliated entities without prior written approval of the director and any such transaction shall be evidenced by documentation approved by the director. Loans of minimum capital and surplus funds are prohibited.Source Laws 2007, LB117, § 45. Cross References  Insurers Investment Act, see section 44-5101.
NE Code § 44-8212 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8212 - Credit for reserves ceded to reinsurer.

44-8212.  Credit for reserves ceded to reinsurer.(1) Except as otherwise provided in subsection (2) of this section, any captive insurer authorized to do business in this state may take credit for reserves on risks ceded to a reinsurer pursuant to the provisions of sections 44-416.05 to 44-416.10 and any rules and regulations adopted and promulgated under such sections.(2) Notwithstanding the provisions of subsection (1) of this section, any captive insurer may cede risks to a reinsurer not meeting the standards of sections 44-416.05 to 44-416.10 and may take reserve credits if the captive insurer receives prior written approval from the director.Source Laws 2007, LB117, § 46.
NE Code § 44-8213 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8213 - Membership in guaranty associations.

44-8213.  Membership in guaranty associations.A captive insurer shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association or the Nebraska Life and Health Insurance Guaranty Association. The Nebraska Property and Liability Insurance Guaranty Association Act and the Nebraska Life and Health Insurance Guaranty Association Act shall not be applicable to coverage offered by a captive insurer.Source Laws 2007, LB117, § 47. Cross References   Nebraska Life and Health Insurance Guaranty Association Act, see section 44-2720.  Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418.
NE Code § 44-8214 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8214 - Voluntary dissolution; approval of director required; effect of dissolution.

44-8214.  Voluntary dissolution; approval of director required; effect of dissolution.The director shall approve any voluntary dissolution of a captive insurer if the director determines that all obligations of the captive insurer have been satisfied. The dissolution of a captive insurer shall not impair the right of any person to commence an action against the captive insurer for any liability previously incurred.Source Laws 2007, LB117, § 48.