reglab/housing_qa huggingface dataset:
NE Code § 71-2084 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2084 - Terms, defined.

71-2084.  Terms, defined.For purposes of sections 71-2084 to 71-2096:(1) Department means the Department of Health and Human Services; and(2) Health care facility means a health care facility subject to licensing under the Health Care Facility Licensure Act.Source   Laws 1983, LB 274, § 1;   R.S.1943, (1990), § 71-6001;   Laws 1995, LB 406, § 60;   Laws 1996, LB 1044, § 612;  Laws 2000, LB 819, § 102;  Laws 2007, LB296, § 520. Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 71-2085 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2085 - Appointment of receiver; conditions.

71-2085.  Appointment of receiver; conditions.The department may petition the district court of Lancaster County or the county where the health care facility is located for appointment of a receiver for a health care facility when any of the following conditions exist:(1) If the department determines that the health, safety, or welfare of the residents or patients is in immediate danger;(2) The health care facility is operating without a license;(3) The department has suspended, revoked, or refused to renew the existing license of the health care facility;(4) The health care facility is closing, or has informed the department that it intends to close, and adequate arrangements for the relocation of the residents or patients of such health care facility have not been made at least thirty days prior to closure; or(5) The department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, and because of the unwillingness or inability of the licensee, owner, or operator to remedy the emergency, the department believes a receiver is necessary.Source   Laws 1983, LB 274, § 2;   R.S.1943, (1990), § 71-6002;   Laws 1995, LB 406, § 61;  Laws 2020, LB1053, § 14.
NE Code § 71-2088 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2088 - Receiver; powers.

71-2088.  Receiver; powers.A receiver appointed under section 71-2086 may exercise those powers and shall perform those duties set out by the court. A receiver may:(1) Assume the role of administrator and take control of day-to-day operations or name an administrator to conduct the day-to-day operations of the health care facility subject to the supervision and direction of the receiver;(2) Remedy violations of federal and state laws and regulations governing the operation of the health care facility;(3) Let contracts and hire agents and employees, including legal counsel, to carry out the powers and duties of the receiver; and(4) Hire or discharge any employees including the administrator.Source  Laws 1995, LB 406, § 64.
NE Code § 71-2089 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2089 - Receiver; litigation authorized.

71-2089.  Receiver; litigation authorized.The receiver in its discretion may, but shall not be required to, defend any claim, suit, or action against the receiver or the health care facility arising out of conditions, actions, or circumstances occurring or continuing at the health care facility after the appointment of the receiver. The receiver in its discretion may, but shall not be required to, defend any licensure, certification, or injunctive action initiated by the department after its appointment. The receiver shall not appeal or continue the appeal of any licensure or certification action initiated by the department against the health care facility before the appointment of the receiver. The receiver shall cooperate with the owner or operator in any defense undertaken by the owner or operator against any claim, suit, or action against him or her or the health care facility, including, but not limited to, any licensure, certification, or injunctive action taken by the department.Source  Laws 1995, LB 406, § 65.
NE Code § 71-2090 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2090 - Property and records; inspection by department.

71-2090.  Property and records; inspection by department.The department may inspect the health care facility at any time during the receivership, and the receiver shall cooperate with the department in any such inspection. All records required by federal or state statutes and regulations shall be kept on the premises of the health care facility and shall be available for inspection and copying by any authorized employee of the department.Source  Laws 1995, LB 406, § 66.
NE Code § 71-2091 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2091 - Receivership; receiver responsibility; successor appointed; when.

71-2091.  Receivership; receiver responsibility; successor appointed; when.The receiver is responsible for the conduct of the health care facility during the receivership. The department may apply to the court for an order terminating the appointment of a receiver and appointing a successor receiver when violations of federal or state laws or regulations occur during the receivership or for other appropriate reasons.Source  Laws 1995, LB 406, § 67.
NE Code § 71-2093 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2093 - Receivership; payment of expenses.

71-2093.  Receivership; payment of expenses.The health care facility for which a receiver is appointed shall be responsible for payment of the expenses of a receivership established under section 71-2086 unless the court directs otherwise. The expenses include, but are not limited to:(1) Compensation for the receiver and any related receivership expenses approved by the court;(2) Expenses incurred by the health care facility for the continuing care of the residents or patients of the health care facility;(3) Expenses incurred by the health care facility for the maintenance of buildings and grounds of the health care facility; and(4) Expenses incurred by the health care facility in the ordinary course of business, such as employees' salaries and accounts payable.Source   Laws 1983, LB 274, § 5;   R.S.1943, (1990), § 71-6005;   Laws 1995, LB 406, § 69;  Laws 2020, LB1053, § 18.
NE Code § 71-2095 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2095 - Receivership; acts not precluded; effect on liability.

71-2095.  Receivership; acts not precluded; effect on liability.Sections 71-2086 to 71-2094 shall not:(1) Preclude the sale or lease of a health care facility as otherwise provided by law; or(2) Affect the civil or criminal liability of the licensee, owner, or operator of the health care facility placed in receivership for any acts or omissions of the licensee, owner, or operator which occurred before the receiver was appointed.Source   Laws 1983, LB 274, § 6;   R.S.1943, (1990), § 71-6006;   Laws 1995, LB 406, § 71.
NE Code § 71-2096 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2096 - Interference with enforcement; penalty.

71-2096.  Interference with enforcement; penalty.(1) Any person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department in the lawful enforcement of sections 71-2084 to 71-2096 shall be guilty of a Class IV misdemeanor. For purposes of this subsection, lawful enforcement includes, but is not limited to, (a) contacting or interviewing any resident or patient of a health care facility in private at any reasonable hour and without advance notice, (b) examining any relevant books or records of a health care facility, or (c) preserving evidence of any violations of sections 71-2084 to 71-2096.(2) The county attorney of the county in which the health care facility is located or the Attorney General may be requested by the department to initiate prosecution.Source   Laws 1983, LB 274, § 7;   R.S.1943, (1990), § 71-6007;   Laws 1995, LB 406, § 72;  Laws 2007, LB296, § 522.
NE Code § 71-2097 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2097 - Terms, defined.

71-2097.  Terms, defined.For purposes of sections 71-2097 to 71-20,101:(1) Civil penalty includes any remedy required under federal law and includes the imposition of a civil money penalty;(2) Department means the Department of Health and Human Services;(3) Federal regulations for participation in the medicaid program means the regulations found in 42 C.F.R. parts 442 and 483, as amended, for participation in the medicaid program under Title XIX of the federal Social Security Act, as amended; and(4) Nursing facility means any intermediate care facility or nursing facility, as defined in sections 71-420 and 71-424, which receives federal and state funds under Title XIX of the federal Social Security Act, as amended.Source   Laws 1996, LB 1155, § 72;   Laws 1997, LB 307, § 180;  Laws 2000, LB 819, § 103;  Laws 2007, LB296, § 523;  Laws 2019, LB22, § 1.
NE Code § 71-2098 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2098 - Civil penalties; department; powers.

71-2098.  Civil penalties; department; powers.(1) The department may assess, enforce, and collect civil penalties against a nursing facility which the department has found in violation of federal regulations for participation in the medicaid program pursuant to the authority granted to the department under section 81-604.03.(2) If the department finds that a violation is life threatening to one or more residents or creates a direct threat of serious adverse harm to one or more residents, a civil penalty shall be imposed for each day the deficiencies which constitute the violation exist. The department may assess an appropriate civil penalty for other violations based on the nature of the violation. Any civil money penalty assessed shall not be less than fifty dollars nor more than ten thousand dollars for each day the facility is found to be in violation of such federal regulations. Any civil money penalty assessed shall include interest at the rate specified in section 45-104.02, as such rate may from time to time be adjusted.Source   Laws 1996, LB 1155, § 73;   Laws 1997, LB 307, § 181;  Laws 2007, LB296, § 524;  Laws 2019, LB22, § 2.
NE Code § 71-2099 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-2099 - Civil penalties; type and amount; criteria.

71-2099.  Civil penalties; type and amount; criteria.The department shall adopt criteria for determining the type and amount of the civil penalty assessed under section 71-2098. Such criteria shall include, but need not be limited to, consideration of the following factors:(1) The period of time over which the violation occurred;(2) The frequency of the violation;(3) The nursing facility's history concerning the type of violation for which the civil penalty is assessed;(4) The nursing facility's intent or reason for the violation;(5) The effect, if any, of the violation on the health, safety, security, or welfare of the residents;(6) The existence of other violations, in combination with the violation for which the civil penalty is assessed, which increase the threat to the health, safety, security, rights, or welfare of the residents;(7) The accuracy, thoroughness, and availability of records regarding the violation, which the nursing facility is required to maintain; and(8) The number of additional related violations occurring within the same time span as the violation in question.Source   Laws 1996, LB 1155, § 74;   Laws 1997, LB 307, § 182;  Laws 2007, LB296, § 525.
NE Code § 71-20,100 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,100 - Nursing Facility Penalty Cash Fund; created; use; investment.

71-20,100.  Nursing Facility Penalty Cash Fund; created; use; investment.(1) The Nursing Facility Penalty Cash Fund is created. Any civil money penalty collected by the department as part of any civil penalty imposed pursuant to section 71-2098 or in accordance with the federal Social Security Act, as amended, and imposed by the Centers for Medicare and Medicaid Services pursuant to 42 C.F.R. 488.431 and disbursed to the department in accordance with 42 C.F.R. 488.433 or imposed by the department pursuant to 42 C.F.R. 488.432 shall be remitted to the State Treasurer for credit to such fund. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(2) The department shall adopt and promulgate rules and regulations which establish circumstances under which the department may distribute funds from the Nursing Facility Penalty Cash Fund. Funds collected as part of a civil money penalty imposed by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services as described in subsection (1) of this section shall be distributed in accordance with the federal Social Security Act, as amended, and the federal regulations for participation in the medicaid program, to support activities that benefit nursing home residents as provided in 42 C.F.R. 488.433.Source   Laws 1996, LB 1155, § 75;   Laws 1997, LB 307, § 183;  Laws 2007, LB296, § 526;  Laws 2019, LB22, § 3.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 71-20,101 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,101 - Rules and regulations.

71-20,101.  Rules and regulations.The department shall adopt and promulgate rules and regulations to carry out sections 71-2097 to 71-20,101, including rules and regulations for notice and appeal procedures.Source   Laws 1996, LB 1155, § 76;   Laws 1997, LB 307, § 184;  Laws 2007, LB296, § 527.
NE Code § 71-20,102 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,102 - Act, how cited.

71-20,102.  Act, how cited.Sections 71-20,102 to 71-20,113 shall be known and may be cited as the Nonprofit Hospital Sale Act.Source  Laws 1996, LB 1188, § 1.
NE Code § 71-20,103 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,103 - Terms, defined.

71-20,103.  Terms, defined.For purposes of the Nonprofit Hospital Sale Act:(1) Department means the Department of Health and Human Services;(2) Hospital has the meaning found in section 71-419;(3) Acquisition means any acquisition by a person or persons of an ownership or controlling interest in a hospital, whether by purchase, merger, lease, gift, or otherwise, which results in a change of ownership or control of twenty percent or greater or which results in the acquiring person or persons holding a fifty percent or greater interest in the ownership or control of a hospital, but acquisition does not include the acquisition of an ownership or controlling interest in a hospital owned by a nonprofit corporation if the transferee (a) is a nonprofit corporation having a substantially similar charitable health care purpose as the transferor or is a governmental entity, (b) is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or as a governmental entity, and (c) will maintain representation from the affected community on the local board; and(4) Person has the meaning found in section 71-5803.12.Source   Laws 1996, LB 1188, § 2;   Laws 1997, LB 307, § 185;   Laws 1997, LB 798, § 1;  Laws 2000, LB 819, § 104;  Laws 2007, LB296, § 528.
NE Code § 71-20,104 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,104 - Acquisition of hospital; approval required; exception; notice; application; procedure.

71-20,104.  Acquisition of hospital; approval required; exception; notice; application; procedure.(1) No person shall engage in the acquisition of a hospital owned by a nonprofit corporation without first having applied for and received the approval of the department and without first having notified the Attorney General and, if applicable, received approval from the Attorney General pursuant to the Nonprofit Hospital Sale Act. No person shall engage in the acquisition of a hospital not owned by a nonprofit corporation without first having applied for and received the approval of the department pursuant to the act unless such acquiring person is a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or is a governmental entity. For purposes of the act, approval of the department and the Attorney General shall not be required for the acquisition of a hospital not owned by a nonprofit corporation as follows: (a) The lease or sale of a county hospital approved under subdivision (3) of section 23-3504; or (b) the dissolution of a hospital district approved under sections 23-3544 to 23-3546 or the merger of hospital districts approved under sections 23-3573 to 23-3578.(2) Any person not required to obtain the approval of the department under the Nonprofit Hospital Sale Act shall give the Attorney General at least thirty days' notice of an impending acquisition, during which time the Attorney General may take any necessary and appropriate action consistent with his or her general duties of oversight with regard to the conduct of charities. The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets.(3) The application shall be submitted to the department and the Attorney General on forms provided by the department and shall include the name of the seller, the name of the purchaser or other parties to an acquisition, the terms of the proposed agreement, the sale price, a copy of the acquisition agreement, a financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in section 71-20,108, and all other related documents. A copy of the application and copies of all additional related materials shall be submitted to the department and to the Attorney General at the same time. The applications and all related documents shall be considered public records for purposes of sections 84-712 to 84-712.09.Source   Laws 1996, LB 1188, § 3;  Laws 2012, LB995, § 16.
NE Code § 71-20,105 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,105 - Application; department; Attorney General; duties; single unified review process; when.

71-20,105.  Application; department; Attorney General; duties; single unified review process; when.(1) Within five working days after receipt of an application under section 71-20,104, the department shall publish notice of the application in a newspaper of general circulation in the county or counties where the hospital is located and shall notify by first-class United States mail any person who has requested notice of the filing of such applications. The notice shall state that an application has been received, state the names of the parties to the agreement, describe the contents of the application, and state the date by which a person may submit written comments about the application to the department.(2) Within sixty days after receiving an application, the department shall review the application in accordance with the standards set forth in the Nonprofit Hospital Sale Act and approve or disapprove the acquisition pursuant to the act.Within twenty days after receiving an application, the Attorney General shall determine whether to review the application in accordance with section 71-20,108 and shall so notify the applicant. If the Attorney General determines to review the application in accordance with the act, the Attorney General shall, within sixty days after receiving the application, review the application in accordance with the standards set forth in section 71-20,108 and approve or disapprove the acquisition. If the Attorney General determines not to review the application in accordance with the act, then none of the other provisions of the act applicable to review by the Attorney General shall apply.(3) For acquisitions which require approval from the department under the Nonprofit Hospital Sale Act and a certificate of need under the Nebraska Health Care Certificate of Need Act, the applicant shall submit a single application for both purposes and such application shall be reviewed under a single unified review process by the department. Following the single unified review process, the department shall simultaneously issue (a) its decision for purposes of the Nebraska Health Care Certificate of Need Act and (b) its decision for purposes of the Nonprofit Hospital Sale Act.Source  Laws 1996, LB 1188, § 4. Cross References  Nebraska Health Care Certificate of Need Act, see section 71-5801.
NE Code § 71-20,106 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-20,106 - Review of acquisition; hearing; department or Attorney General; powers.

71-20,106.  Review of acquisition; hearing; department or Attorney General; powers.The department, and the Attorney General if he or she determines to review the acquisition, shall during the course of review under section 71-20,105 or 71-20,107 hold a public hearing in which any person may file written comments and exhibits or appear and make a statement. The department or the Attorney General may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for purposes of the hearing and at any time prior to making a decision on the application.The hearing shall be held not later than thirty days after receipt of an application. The hearing shall be held upon ten working days' notice, not including days the application is deemed to be incomplete.Source  Laws 1996, LB 1188, § 5.