reglab/housing_qa huggingface dataset:
NE Code § 44-2843 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2843 - Medical review panel; access to information; written opinion; issuance; basis for.

44-2843.  Medical review panel; access to information; written opinion; issuance; basis for.(1) The panel shall have the right and duty to request all necessary information. The panel may consult with medical authorities and may examine reports of such health care providers as may be necessary to fully inform itself regarding the issue to be decided. Both parties shall have full access to any material submitted to the panel.(2) The panel shall have the sole duty to express its expert opinion in writing to each of the parties as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care as charged in the complaint and as to the issue of damages proximately caused by failure to act in accordance with such standards. Any issue relating to informed consent shall be considered as a charge of failure to act within the appropriate standard of care.(3) After reviewing all evidence and, unless waived, after argument by counsel representing either party, the panel shall, within thirty days, render one or more of the following expert opinions which shall be in writing and mailed to each of the parties:(a) The evidence supports the conclusion that the defendant failed to comply with the appropriate standard of care as charged in the complaint in specified particulars;(b) The evidence supports the conclusion that the defendant involved met the applicable standard of care required under the circumstances; or(c) There is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court or jury in specified particulars.(4) No dollar amounts or percentages of disability shall be provided by the panel. A majority vote of the voting members shall control action by the panel. The report of the panel shall be signed only by the chairman who shall certify that the report reflects the opinion of a majority of the voting members. If requested, a minority report shall be provided to any party.Source  Laws 1976, LB 434, § 43.
NE Code § 44-2844 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2844 - Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.

44-2844.  Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.(1) The filing of the request for review of a claim shall toll the applicable statute of limitations for a period of ninety days following the issuance of the opinion by the medical review panel. The request for review of a claim shall be deemed filed when copy of the request together with a copy of the proposed complaint is delivered or mailed by registered or certified mail to the director, who shall immediately forward a copy to each health care provider named as a defendant at his last and usual place of residence or his office.(2) The report or any minority report of the medical review panel shall be admissible as evidence in any action subsequently brought by the claimant in a court of law, but such report shall not be conclusive and either party shall have the right to call any member of the medical review panel as a witness. If called, the witness shall be required to appear and testify.(3) A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by sections 44-2801 to 44-2855.Source  Laws 1976, LB 434, § 44. Annotations  The word toll, as used in this section, means to interrupt, suspend, or temporarily stop the running of the statute of limitations. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985). Under this section, the running of the statute of limitations, as set out in section 44-2828, is interrupted during the medical review proceedings and recommences ninety days after the medical review panel issues its opinion. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985). Statute of limitations is tolled while a claim is before the medical review panel and for ninety days following its opinion. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977). The report, or any minority report, of the review panel is admissible evidence if suit follows. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
NE Code § 44-2845 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2845 - Medical review panel; members; compensation; expert witness fee.

44-2845.  Medical review panel; members; compensation; expert witness fee.Each member of the medical review panel shall be paid fifty dollars per day for all work performed as a member of the panel, exclusive of time and services involved if called as a witness to testify in court and reasonable expenses incurred. Fees of the panel, including expenses, shall be paid equally by each side. If a panel member is called as an expert witness at the trial, the panel member shall be paid the customary expert witness fee.Source   Laws 1976, LB 434, § 45;  Laws 2002, LB 1139, § 23.
NE Code § 44-2846 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2846 - Proceedings before panel; confidential; exception; waiver of privileges; when; witnesses; rights.

44-2846.  Proceedings before panel; confidential; exception; waiver of privileges; when; witnesses; rights.(1) Except for the introduction into evidence of the report of the panel, all proceedings before the medical review panel, all actions taken by any party or his counsel in preparation for such proceedings, and the submission of any matter to the medical review panel shall be handled on a confidential basis. Such hearing may not be conducted as a public hearing and the proceedings before the panel shall not be matters of public record.(2) Initiation of proceedings before a medical review panel by a patient or his representative shall constitute waiver of any privilege or rights conferred by Chapter 27, article 5, as to any hospital records or testimony or records of any physician or surgeon who is attending or has attended such patient for physical or mental conditions or injuries or conditions involved in such proceeding to the same extent and with like effect as provided in Chapter 27, article 5. Any witness providing information or facts or opinions to the medical review panel shall be entitled to the immunities and protection provided to witnesses generally in court proceedings.Source  Laws 1976, LB 434, § 46.
NE Code § 44-2847 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2847 - Medical review panel; not to consider disputed questions of law; adviser to panel.

44-2847.  Medical review panel; not to consider disputed questions of law; adviser to panel.(1) Medical review panels shall be concerned only with the determination of the questions set forth in section 44-2843. Such panels shall not consider or report on disputed questions of law.(2) To provide for uniformity of procedure, the Department of Health and Human Services may appoint a doctor of medicine from the members of the Board of Medicine and Surgery who may sit with each panel as an observer and as an adviser on procedure but without a vote.Source   Laws 1976, LB 434, § 47;   Laws 1996, LB 1044, § 242;  Laws 1999, LB 828, § 5;  Laws 2000, LB 1115, § 4;  Laws 2007, LB296, § 181.
NE Code § 44-2854 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2854 - Director; contract for administrative duties and responsibilities; supervisory authority.

44-2854.  Director; contract for administrative duties and responsibilities; supervisory authority.The Director of Insurance may contract with an insurance company licensed to do business in the State of Nebraska to perform any administrative duties and responsibilities of the Department of Insurance pursuant to sections 44-2801 to 44-2855, with the Director of Insurance retaining supervisory authority over such insurance company.Source  Laws 1976, LB 434, § 54.
NE Code § 44-2854.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2854.01 - Rules and regulations.

44-2854.01.  Rules and regulations.The Department of Insurance shall adopt and promulgate rules and regulations regarding the administration of the Nebraska Hospital-Medical Liability Act. Such rules and regulations shall relate to issuing notices of payment due and such other matters as may be necessary to promote the efficient operation of the act in accordance with its terms.Source  Laws 1984, LB 692, § 19.
NE Code § 44-2855 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2855 - Act, how cited.

44-2855.  Act, how cited.Sections 44-2801 to 44-2855 shall be known and may be cited as the Nebraska Hospital-Medical Liability Act.Source   Laws 1976, LB 434, § 56;   Laws 1984, LB 692, § 20;   Laws 1990, LB 542, § 5;  Laws 2004, LB 998, § 9.
NE Code § 44-2901 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2901 - Hospitals; mutual insurance association; how incorporated; purpose.

44-2901.  Hospitals; mutual insurance association; how incorporated; purpose.Any three or more hospitals as defined in section 71-419, which are located in this state and licensed by the Department of Health and Human Services, may incorporate a mutual insurance association to insure member hospitals and their officers, directors, employees, and volunteer workers against liability arising from rendering, or failing to render, professional services in the treatment or care of patients by hospitals and their agents and employees or by member physicians.Source   Laws 1976, LB 809, § 1;   Laws 1996, LB 1044, § 243;  Laws 2002, LB 1062, § 10;  Laws 2007, LB296, § 182.
NE Code § 44-2902 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2902 - Physicians; mutual insurance association; how incorporated; purpose.

44-2902.  Physicians; mutual insurance association; how incorporated; purpose.Any ten or more physicians licensed under the Medicine and Surgery Practice Act may incorporate a mutual insurance association to insure member physicians, their professional corporations, partnerships, limited liability companies, agents, and employees against liability arising from rendering or failing to render professional services in the treatment or care of patients.Source   Laws 1976, LB 809, § 2;   Laws 1993, LB 121, § 249;  Laws 2007, LB463, § 1137. Cross References  Medicine and Surgery Practice Act, see section 38-2001.
NE Code § 44-2903 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2903 - Mutual insurance association; coverages; supplement professional liability insurance.

44-2903.  Mutual insurance association; coverages; supplement professional liability insurance.Any association authorized by section 44-2901 or 44-2902 shall be authorized to insure members against other liability for injury to persons or property caused by agents or employees of the member or by property used in or activities arising from the operations or business of the member or the professional services of member physicians or their agents or employees. Such coverage against other liability may be provided to members only to supplement professional liability insurance from the association.Source  Laws 1976, LB 809, § 3.
NE Code § 44-2904 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2904 - Hospital association; qualified to become a member; when; insuring of risks; considerations.

44-2904.  Hospital association; qualified to become a member; when; insuring of risks; considerations.Any hospital, whether within or without the state, shall be qualified to become a member of a hospital association incorporated under sections 44-2901 to 44-2918 if it is licensed either by the Department of Health and Human Services or by the corresponding authority in the state in which the hospital is located, except that no hospital outside of this state may become a member of such an association until one year after March 31, 1976, nor may any risks outside this state be insured under the provisions of sections 44-2901 to 44-2918 until one year after the issuance of a certificate of authority to transact insurance business by the Department of Insurance. All such risks shall be subject to the prior approval of the Director of Insurance.In determining whether or not to grant approval for the insuring of risks outside of Nebraska, the Director of Insurance shall consider the following: (1) Limits of indemnity; (2) past and present loss experience of the hospital to be insured; (3) statutes, court decisions, and the insurance climate of the jurisdiction in which the risk is located; and (4) such other information as the director may deem relevant.Source   Laws 1976, LB 809, § 4;   Laws 1996, LB 1044, § 244;  Laws 2007, LB296, § 183.
NE Code § 44-2905 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2905 - Physicians association; qualified to become member; when.

44-2905.  Physicians association; qualified to become member; when.Any physician, licensed to practice medicine in Nebraska, shall be qualified to become a member of a physicians association incorporated under sections 44-2901 to 44-2918 upon acceptance of his application for membership by the association in accordance with the rules and bylaws.Source  Laws 1976, LB 809, § 5.
NE Code § 44-2906 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2906 - Association; articles of incorporation; bylaws; contents; filed; where.

44-2906.  Association; articles of incorporation; bylaws; contents; filed; where.(1) Any association to be formed pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall be formed by submitting executed articles of incorporation to the Department of Insurance for examination, and if approved and found by it to be in accordance with the laws of this state, the department shall so certify. When such articles are thus approved, they shall be filed in the office of the Secretary of State and a copy thereof filed in the office of the department. The articles shall not be considered filed until they have been filed in each such office.(2) The articles and bylaws shall set forth in detail the association's proposed method of doing business. Such articles and bylaws may include provisions for the following matters:(a) Reinsurance with a professional reinsurance company;(b) The extent and method of risk sharing among its members; and(c) Borrowing money.Source   Laws 1976, LB 809, § 6;  Laws 1999, LB 259, § 8.
NE Code § 44-2907 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2907 - Association; board of directors; number of directors; make bylaws.

44-2907.  Association; board of directors; number of directors; make bylaws.The board of directors of an association formed pursuant to sections 44-2901 to 44-2918 shall be comprised of not fewer than five nor more than twenty-one persons and a majority of them must be residents of the State of Nebraska. A person convicted of a felony may not be a director and all directors must be of good moral character and known professional, administrative or business ability, such business ability to include a practical knowledge of insurance, finance, or investment. Unless otherwise provided in the articles of incorporation, the board of directors shall make all bylaws. If the number of, or qualifications for, directors shall be amended in the articles or bylaws, such change shall not affect the incumbent directors for the term of office for which they were elected.Source  Laws 1976, LB 809, § 7.
NE Code § 44-2908 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2908 - Articles and bylaws; approval or disapproval; procedure.

44-2908.  Articles and bylaws; approval or disapproval; procedure.(1) Within sixty days after the articles and bylaws are filed with the Director of Insurance pursuant to section 44-2906, the director shall make a determination whether the filed documents meet the requirements of sections 44-2901 to 44-2918. Such determination shall be communicated in writing to the organizers of the association.(2) If the documents so filed are deficient, the director's written findings shall state specifically on what grounds he is disapproving them. The organizers may thereafter amend and refile the articles and bylaws, which amended filing the Director of Insurance shall approve or disapprove within sixty days.Source  Laws 1976, LB 809, § 8.
NE Code § 44-2909 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2909 - Association; requirements to transact business.

44-2909.  Association; requirements to transact business.No association organized under the Nebraska Hospital and Physicians Mutual Insurance Association Act shall transact the business of insurance until:(1) Its articles and bylaws have been approved by the Director of Insurance and the articles filed as required by section 44-2906;(2) It has filed with the director acceptable evidence that it has and will maintain a minimum surplus aggregating at least five hundred thousand dollars in cash in the investments authorized under the Insurers Investment Act or a letter of credit issued by a Nebraska banking institution in accordance with loan restrictions prescribed by the laws of this state;(3) All policies, applications, and other forms together with all manuals and rates to be used have been filed and approved as provided in the Property and Casualty Insurance Rate and Form Act;(4) A certificate of authority has been issued to the association as provided in section 44-303; and(5) It has received at least five applications for policies in a hospital association or at least two hundred applications for policies in a physicians association.Source   Laws 1976, LB 809, § 9;   Laws 1991, LB 233, § 47;   Laws 1991, LB 237, § 67;  Laws 2000, LB 1119, § 38.  Cross References   Insurers Investment Act, see section 44-5101.  Property and Casualty Insurance Rate and Form Act, see section 44-7501.
NE Code § 44-2910 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2910 - Association; not a member of the Nebraska Property and Liability Insurance Guaranty Association.

44-2910.  Association; not a member of the Nebraska Property and Liability Insurance Guaranty Association.The association shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24.Source  Laws 1976, LB 809, § 10.
NE Code § 44-2911 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2911 - Association; membership fee; paid into surplus.

44-2911.  Association; membership fee; paid into surplus.The association may collect, at the time a policy is issued, a membership fee of not more than three hundred dollars for each bed owned or operated by the member hospital and, in case of physicians associations, ten thousand dollars for each member physician. Such fee shall be paid into the association's surplus and shall be in addition to any premium charged for insurance.Source  Laws 1976, LB 809, § 11.
NE Code § 44-2912 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2912 - Association; members; liable only for membership fee and premiums.

44-2912.  Association; members; liable only for membership fee and premiums.No member of the association shall be liable for any amounts because of such membership, other than the membership fee, prescribed in section 44-2911, and premiums.Source  Laws 1976, LB 809, § 12.
NE Code § 44-2913 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2913 - Association; administrative fee; computation; forms; failure to remit fee; rescind license; procedure; appeal.

44-2913.  Association; administrative fee; computation; forms; failure to remit fee; rescind license; procedure; appeal.(1) Every association incorporated pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall, on or before March 1 of each year, pay an administrative fee to the director in the amount of three-tenths of one percent of the gross amount of direct writing premiums received by it during the preceding calendar year for business done in this state.(2) The computation of the administrative fee shall be made on forms furnished by the Department of Insurance and shall be forwarded to the department together with a sworn statement by an appropriate officer of the company attesting the accuracy of the fee computation. The department shall furnish such forms prior to the end of the year for which the fees are payable.(3) The director shall rescind or refuse to reissue the license of any association which fails to remit the administrative fee in conformity with the provisions of this section. Prior to rescinding such license, the director shall issue an order to the association directing the association to show cause why such rescission should not be made. The director shall give not less than ten days' notice of a rescission hearing before the department. Should the company be aggrieved by such determination, an appeal may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1976, LB 809, § 13;   Laws 1988, LB 352, § 67.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-2914 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2914 - Association; business; how conducted.

44-2914.  Association; business; how conducted.The business of the association shall be conducted so as to preclude any distribution of income, profit, or property of the association to members thereof except in payment of claims, in reduction of premiums, for experience refunds to members, or upon final dissolution.Source  Laws 1976, LB 809, § 14.
NE Code § 44-2915 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2915 - Director; determine maximum exposure to loss; approve forms, premium rates, and limits of indemnity; considerations.

44-2915.  Director; determine maximum exposure to loss; approve forms, premium rates, and limits of indemnity; considerations.For purposes of sections 44-2901 to 44-2918, the director shall have the authority to determine the maximum exposure to loss on any risk to be written by the association. All policy forms, premium rates and limits of indemnity shall be filed with and subject to the approval of the director. In approving premium rates to be charged for malpractice insurance, limits of indemnity and members and risks outside this state, the director shall give due consideration to past and prospective loss and expense experience for medical malpractice insurance written and to be written, trends in the frequency and severity of the loss, the investment income of the association, and such other information as the director may deem relevant.Source  Laws 1976, LB 809, § 15.
NE Code § 44-2916 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2916 - Associations; provisions applicable.

44-2916.  Associations; provisions applicable.To the extent applicable and when not in conflict with the Nebraska Hospital and Physicians Mutual Insurance Association Act, the provisions of the Nebraska Model Business Corporation Act and Chapters 44 and 77 relating to corporations and insurance shall apply to associations incorporated pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act.Source   Laws 1976, LB 809, § 16;   Laws 1989, LB 92, § 218;   Laws 1995, LB 109, § 222;  Laws 2014, LB749, § 288. Cross References  Nebraska Model Business Corporation Act, see section 21-201.
NE Code § 44-2917 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2917 - Rules and regulations.

44-2917.  Rules and regulations.The Department of Insurance shall be empowered to adopt and promulgate such reasonable rules and regulations as may be necessary or appropriate to carry out the provisions of sections 44-2901 to 44-2918.Source  Laws 1976, LB 809, § 17.