reglab/housing_qa huggingface dataset:
NE Code § 44-2830 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2830 - Excess Liability Fund; surcharge, adjusted; when; reinsurance; effect.

44-2830.  Excess Liability Fund; surcharge, adjusted; when; reinsurance; effect.If the fund shall exceed the sum of four million five hundred thousand dollars at the end of any calendar year after the payment of all claims and expenses and after adding all reversions to the fund, and if no reinsurance is involved, the director shall reduce the surcharge required by section 44-2829 in order to maintain the fund at an approximate level of five million dollars. Beginning on January 1, 1985, and on January 1 of each succeeding year, the director shall adjust the amount of the surcharge to maintain the fund at a level which is sufficient to pay all anticipated claims for the next year and to maintain an adequate reserve for future claims. Prior to making such an adjustment, the director shall conduct a public hearing concerning the proposed adjustment and shall give due regard to the size of the existing fund, the number and size of potential claims against the fund, the number of participating providers, changes in the cost of living, and sound actuarial principles. If the fund is reinsured, the director shall determine a lesser level at which the fund shall be maintained because of the reinsurance carried and may reduce the surcharge to provide for the reinsurance and maintain the fund at the lesser level determined by him or her to be reasonable under the circumstances.Source   Laws 1976, LB 434, § 30;   Laws 1984, LB 692, § 11.
NE Code § 44-2831 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2831 - Excess Liability Fund; special surcharge; reinsurance.

44-2831.  Excess Liability Fund; special surcharge; reinsurance.(1) The director may, at any time, analyze the fund to determine if the amount in such fund is inadequate to pay in full all claims allowed or to be allowed during the calendar year. Upon such determination, the director shall have the power to levy a special surcharge on all health care providers who have qualified under the Nebraska Hospital-Medical Liability Act, which special surcharge shall be an amount sufficient to permit full payment of all claims allowed against the fund during a calendar year. The special surcharge shall be levied against all health care providers who have qualified under the Nebraska Hospital-Medical Liability Act on the date of the special surcharge or at any time during the preceding twelve months and shall be in an amount proportionate to the surcharge each health care provider has paid to the fund. Such special surcharge shall be due and payable within thirty days after the same is levied.(2) The director shall have authority to cause all or any part of the potential liability of the Excess Liability Fund to be reinsured, if such reinsurance is available, on a fair and reasonable basis. The cost of such reinsurance shall be paid by the fund and the fact of the reinsurance shall be taken into account in determining the surcharge as provided in sections 44-2829 and 44-2830, but in no event shall the surcharge exceed fifty percent of the annual premium paid by a health care provider for maintenance of current financial responsibility.Source   Laws 1976, LB 434, § 31;   Laws 1984, LB 692, § 12;  Laws 2003, LB 146, § 4;  Laws 2004, LB 998, § 5.
NE Code § 44-2831.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2831.01 - Applicability of change to law.

44-2831.01.  Applicability of change to law.(1) Any health care provider who has furnished proof of financial responsibility prior to January 1, 2005, under sections 44-2824 and 44-2827 shall be qualified under section 44-2824 for the remainder of the policy year or risk-loss trust year.(2) The increases in coverage requirements made by Laws 2004, LB 998, in sections 44-2824 and 44-2827 shall apply to policies issued or renewed and risk-loss trust years which commence after January 1, 2005.(3) The changes made to sections 44-2825, 44-2832, and 44-2833 by Laws 2004, LB 998, apply commencing with policies issued or renewed and risk-loss trust years which commence after January 1, 2005.Source Laws 2004, LB 998, § 6.
NE Code § 44-2832 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2832 - Claims; paid; procedure; limitation.

44-2832.  Claims; paid; procedure; limitation.(1) The Director of Administrative Services shall issue a warrant drawn on the fund in the amount of each claim submitted by the director. All claims against the fund shall be made on a voucher or other appropriate request by the director after he or she has received:(a) A certified copy of a final judgment in excess of five hundred thousand dollars against a health care provider and in excess of the amount recoverable from all health care providers;(b) A certified copy of a court-approved settlement in excess of five hundred thousand dollars against a health care provider and in excess of the amount recoverable from all health care providers; or(c) In case of claims based on primary insurance issued by the risk manager under sections 44-2837 to 44-2839, a certified copy of a final judgment or court-approved settlement requiring payment from the fund.(2) The amount paid from the fund for excess liability when added to the payments by all health care providers may not exceed the maximum amount recoverable pursuant to subsection (1) of section 44-2825. The amount paid from the fund on account of a primary insurance policy issued by the risk manager to a health care provider under sections 44-2837 to 44-2839 may not exceed five hundred thousand dollars for any one occurrence covered by such policy under any circumstances.Source   Laws 1976, LB 434, § 32;   Laws 1984, LB 692, § 13;   Laws 1986, LB 1005, § 5;  Laws 2004, LB 998, § 7.
NE Code § 44-2834 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2834 - Cause of action; attorney's fees; court costs; loss of earnings; when payable.

44-2834.  Cause of action; attorney's fees; court costs; loss of earnings; when payable.(1) In all cases against a health care provider for malpractice or professional negligence, upon motion of either party the court shall review the attorney's fees incurred by that party and allow such compensation as the court shall deem reasonable.(2) In all cases against health care providers for malpractice or professional negligence, the court may, upon application by the prevailing party, in its discretion and in an amount determined in its discretion tax as costs payable to the prevailing party the reasonable costs of preparation and trial including reasonable attorney's fees and the reasonable loss of earnings by the prevailing party occasioned by the trial if the court finds that the losing party did not have a reasonable chance of recovery or a reasonable chance of a successful defense.(3) A patient shall have the right to agree with his attorney to pay for the attorney's services on a mutually satisfactory per diem basis. Such election shall be exercised in written form at the time of employment or by written agreement thereafter entered into with his attorney.Source  Laws 1976, LB 434, § 34. Annotations Review by the court of arrangement for attorney's fees held constitutional. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
NE Code § 44-2835 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2835 - Malpractice claim; settled or adjudicated to final judgment; report; contents; forwarded to Department of Health and Human Services.

44-2835.  Malpractice claim; settled or adjudicated to final judgment; report; contents; forwarded to Department of Health and Human Services.(1) Each malpractice claim settled or adjudicated to final judgment against a health care provider under the Nebraska Hospital-Medical Liability Act shall be reported to the director by the plaintiff's attorney and by the health care provider or his or her insurer or risk manager within sixty days following final disposition of the claim. Such report to the director shall state the following:(a) The nature of the claim;(b) The alleged injury and the damages asserted;(c) Attorney's fees and expenses incurred in connection with the claim or defense; and(d) The amount of any settlement or judgment.(2) The director shall forward the name of every health care provider, except a hospital, against whom a settlement has been made or judgment has been rendered under the act to the Department of Health and Human Services for such action, if any, as it deems to be appropriate under the circumstances.Source   Laws 1976, LB 434, § 35;   Laws 1994, LB 1223, § 1;   Laws 1996, LB 1044, § 241;  Laws 2007, LB296, § 180.
NE Code § 44-2836 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2836 - Malpractice liability insurance; limitation on liability; when; required policy provisions; insurer; failure to pay final judgment; effect.

44-2836.  Malpractice liability insurance; limitation on liability; when; required policy provisions; insurer; failure to pay final judgment; effect.(1) As long as malpractice liability insurance remains in force under the qualification set forth in section 44-2824 and unless the patient has elected not to come under sections 44-2801 to 44-2855, the health care provider and his insurer shall be liable to a patient, or his representative, for malpractice, professional negligence, failure to provide care, breach of contract relating to providing medical care, or other claim based on failure to obtain informed consent to an operation or treatment, only to the extent and in the manner specified in sections 44-2801 to 44-2855.(2) The filing of proof of financial responsibility with the director shall constitute, on the part of the insurer and the health care provider, a conclusive and unqualified acceptance of the provisions of sections 44-2801 to 44-2855.(3) Failure of the patient or his representative to file his refusal to be bound by sections 44-2801 to 44-2855 shall constitute conclusive and unqualified acceptance of sections 44-2801 to 44-2855.(4) Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of sections 44-2801 to 44-2855 shall be void.(5) Each policy issued under sections 44-2801 to 44-2855 shall be deemed to include the following provisions and any amendments thereto which may be occasioned by legislation passed by the Legislature of the State of Nebraska, as fully as if written in such policy:(a) The insurer shall assume all obligations to pay an award imposed against its insured under the provisions of sections 44-2801 to 44-2855; and(b) Any termination of the policy by cancellation shall not be effective as to patients claiming against the insured covered thereby unless, at least thirty days before the effective date of the cancellation, a written notice giving the date upon which termination becomes effective has been mailed to the insured at his last-known address and to the director at his office by certified or registered mail with sufficient postage attached.(6) If an insurer shall fail or refuse to pay a final judgment, or shall fail or refuse to comply with any provisions of sections 44-2801 to 44-2855, in addition to any other legal remedy, the director may also revoke the approval of its policy form until the insurer shall pay the award or judgment or shall comply with the violated provisions of sections 44-2801 to 44-2855 and has resubmitted its policy form and received the approval of the director.Source  Laws 1976, LB 434, § 36. Annotations This section held constitutional. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
NE Code § 44-2837 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2837 - Residual Malpractice Insurance Authority; created; purpose; risk manager; powers and duties; compensation.

44-2837.  Residual Malpractice Insurance Authority; created; purpose; risk manager; powers and duties; compensation.(1) The purpose of sections 44-2837 to 44-2839 is to make malpractice liability insurance available to risks as defined in this section.(2) There is hereby created the Residual Malpractice Insurance Authority. The Department of Insurance is hereby designated as the authority for the purposes of the Nebraska Hospital-Medical Liability Act. The authority shall be empowered to engage in writing medical malpractice liability insurance in this state pursuant to existing law and authorized to insure the health care provider against other liability for injury to persons or property caused by agents, employees, partners, or limited liability company members of the health care provider or by property used in or activities arising from the operations or business of the health care provider. Such insurance coverage against other liability may be provided to the health care provider by the authority only as supplemental professional liability insurance.(3) The director may appoint a risk manager for the authority. The separate, personal, or independent assets of the risk manager shall not be liable for or subject to use or expenditure for the purpose of providing insurance by the authority.(4) In the administration and provision for malpractice liability insurance by the authority, the risk manager shall:(a) Be subject to all laws and regulations of this state which apply to malpractice insurance as provided in existing law;(b) Prepare and file appropriate forms with the Department of Insurance;(c) Prepare and file premium rates with the Department of Insurance which shall be based on accepted actuarial principles and accepted practices in the insurance industry;(d) Perform the underwriting function;(e) Dispose of all claims and litigation arising out of insurance policies;(f) Maintain adequate books and records;(g) File an annual financial statement regarding its operations under the Nebraska Hospital-Medical Liability Act with the Department of Insurance on forms prescribed by the director;(h) Obtain private reinsurance for the authority, if available, and the cost thereof shall be paid from the Excess Liability Fund;(i) Prepare and file a plan of operations with the director for approval; and(j) Act fairly, reasonably, and responsibly in administering the plan.(5) The risk manager shall receive as compensation for his or her services a percentage of all premiums received under the terms of this section which shall be computed on a fair and equitable basis as determined by the director. The compensation may be adjusted by the director from time to time.Source   Laws 1976, LB 434, § 37;   Laws 1984, LB 692, § 15;   Laws 1993, LB 121, § 248;   Laws 1994, LB 884, § 60.
NE Code § 44-2838 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2838 - Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal.

44-2838.  Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal.(1) If, after diligent effort to obtain coverage, a health care provider has been declined by at least two insurers, the risk may forward his application to the risk manager together with evidence of the two declinations.(2) If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be sent to the applicant and the director. The applicant shall have ten days from the date of notice by the risk manager to request review by the director. On appeal, the director shall review the decision of the risk manager and enter an appropriate order.Source  Laws 1976, LB 434, § 38.
NE Code § 44-2839 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2839 - Health care professional liability insurance plan; contents; premiums; use.

44-2839.  Health care professional liability insurance plan; contents; premiums; use.The director shall adopt and promulgate a health care professional liability insurance plan pursuant to sections 44-2837 to 44-2839 which shall contain a requirement that the Excess Liability Fund shall participate in such plan. Such plan may contain such other reasonable provisions as the director shall deem necessary or sufficient to make the plan effective. The Excess Liability Fund shall receive all premiums paid under the plan, except the portion payable to the risk manager or paid in settlement of claims, and shall assume the risks relating to policies issued under the plan. The Department of Insurance shall be reimbursed from the fund for necessary expenses incurred in the administration of the Nebraska Hospital-Medical Liability Act. The director shall certify such expenses to the State Treasurer who shall reimburse the Department of Insurance for such services.Source   Laws 1976, LB 434, § 39;  Laws 2021, LB509, § 3.   Effective Date: August 28, 2021
NE Code § 44-2840 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2840 - Medical review panels; review claims; procedure; waiver.

44-2840.  Medical review panels; review claims; procedure; waiver.(1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska Hospital-Medical Liability Act in advance of filing such actions.(2) No action against a health care provider may be commenced in any court of this state before the claimant's proposed complaint has been presented to a medical review panel established pursuant to section 44-2841 and an opinion has been rendered by the panel.(3) The proceedings for action by the medical review panel shall be initiated by the patient or his or her representative by notice in writing with copy of a proposed complaint served upon the director personally or by registered or certified mail. Such notice shall designate the claimant's choice of the physician to serve on the panel, claimant's suggestion of an attorney to serve, and the court where the action shall be filed, if necessary.(4) The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to file his or her action directly in court. If the claimant waives the panel review, the claimant shall serve a copy of the complaint upon the director personally or by registered or certified mail at the time the action is filed in court.Source   Laws 1976, LB 434, § 40;   Laws 1984, LB 692, § 16;  Laws 2002, LB 876, § 75;  Laws 2003, LB 146, § 5.  Annotations  The language of the Political Subdivisions Tort Claims Act at subsection (4) of section 13-919 contemplates that a claim under the act must be filed and disposed of or withdrawn prior to presentation of the proposed petition to a medical review panel, or the waiver of a medical review panel, under this section. Keller v. Tavarone, 262 Neb. 2, 628 N.W.2d 222 (2001). The requirement that a copy of the petition must be served upon the director of the Department of Insurance when medical panel review is waived is merely a notice requirement and neither confers nor denies jurisdiction of the court. The filing of an action in court is affirmative conduct which constitutes waiver of medical panel review. Brewington v. Rickard, 235 Neb. 843, 457 N.W.2d 814 (1990); Ourada v. Cochran, 234 Neb. 63, 449 N.W.2d 211 (1989). A plaintiff's right to amend the wording of his specimen petition filed under this section in his petition later filed in the district court is the same as plaintiff's right to amend any other petition, so long as the matter submitted to the court is the same matter submitted to the medical review panel. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985). A specimen petition alleging medical malpractice is filed pursuant to this section when the parties fall under the coverage of the Nebraska Hospital-Medical Liability Act. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
NE Code § 44-2842 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2842 - Medical review panel; evidence considered; depositions; chairperson; duties.

44-2842.  Medical review panel; evidence considered; depositions; chairperson; duties.(1) The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties in written form only. If any party to the proceedings fails to submit his or her evidence within a reasonable time after notice from the panel requesting such evidence, the panel may proceed to decide the matter on the evidence previously submitted. The determination of reasonable time shall be made by the panel. The evidence submitted may consist of medical charts, X-rays, laboratory test results, excerpts of treatises, depositions of witnesses including parties, and any other form of evidence allowable by the medical review panel.(2) Depositions of parties and witnesses may be taken prior to the convening of the panel and prior to the commencement of the action, but in such event the attorney for the medical care provider shall be furnished with a copy of the complaint which the claimant proposes to file at least ten days before any deposition is taken. The patient shall have the right to request and receive all medical and hospital records relating to his or her case which would be admissible in evidence in a court of law. The chairperson of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel. A copy of the evidence shall be sent to each member of the panel.(3) Either party, after submission of all evidence and upon ten days' notice to the other side, shall have the right to convene the panel at a time and place agreeable to the members of the panel. At such time either party shall have the right to present argument concerning any matters relevant to issues to be decided by the panel before the issuance of its report. The chairperson of the panel shall preside at all meetings, which meetings shall be informal.(4) If the members of the medical review panel have not convened within six months of the initiation of the proceeding, the judge may terminate the proceeding at the request of either party.Source   Laws 1976, LB 434, § 42;   Laws 1984, LB 692, § 18;  Laws 2002, LB 876, § 77;  Laws 2003, LB 146, § 6.