reglab/housing_qa huggingface dataset:
NE Code § 71-442 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-442 - Alternative methods for assessing compliance.

71-442.  Alternative methods for assessing compliance.In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a health care facility or health care service with the Health Care Facility Licensure Act and the rules and regulations adopted and promulgated under the act.Source Laws 2000, LB 819, § 42.
NE Code § 71-443 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-443 - Findings of noncompliance; review, notice; statement of compliance; procedure.

71-443.  Findings of noncompliance; review, notice; statement of compliance; procedure.If the inspection report issued under section 71-440 contains findings of noncompliance by a health care facility or health care service with any applicable provisions of the Health Care Facility Licensure Act or rules and regulations adopted under the act, the department shall review such findings within twenty working days after such inspection. If the findings are supported by the evidence, the department shall proceed pursuant to sections 71-446 to 71-455, except that if the findings indicate one or more violations that create no imminent danger of death or serious physical harm and no direct or immediate adverse relationship to the health, safety, or security of the persons residing in or served by the facility or service, the department may send a letter to the facility or service requesting a statement of compliance. The letter shall include a description of each such violation, a request that the facility or service submit a statement of compliance within ten working days, and a notice that the department may take further steps if the statement of compliance is not submitted. The statement of compliance shall indicate any steps which have been or will be taken to correct each violation and the period of time estimated to be necessary to correct each violation. If the facility or service fails to submit and implement a statement of compliance which indicates a good faith effort to correct the violations, the department may proceed pursuant to sections 71-446 to 71-455.Source Laws 2000, LB 819, § 43.
NE Code § 71-444 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-444 - Complaints; investigation; immunity.

71-444.  Complaints; investigation; immunity.(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Health Care Facility Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation. In making such determination, the department may consider factors such as:(a) Whether the complaint pertains to a matter within the authority of the department to enforce;(b) Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.(2) A complaint submitted to the department shall be confidential. A person submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.Source Laws 2000, LB 819, § 44.
NE Code § 71-445 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-445 - Discrimination or retaliation prohibited; action for relief authorized.

71-445.  Discrimination or retaliation prohibited; action for relief authorized.(1) A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at such facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who has presented a complaint or provided information to the administrator of such facility or service or the Department of Health and Human Services. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.(2) A health care facility licensed pursuant to the Health Care Facility Licensure Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the Uniform Credentialing Act to the department. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.Source  Laws 2000, LB 819, § 45;  Laws 2007, LB296, § 372;  Laws 2016, LB750, § 10.  Cross References  Uniform Credentialing Act, see section 38-101.
NE Code § 71-446 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-446 - License; temporary suspension or limitation; procedure; appeal.

71-446.  License; temporary suspension or limitation; procedure; appeal.(1) If the director determines that persons receiving care or treatment at a health care facility or by a health care service are in imminent danger of death or serious physical harm, he or she may temporarily suspend or temporarily limit the license of such facility or service and may order the immediate removal of such persons and the temporary closure of the facility or service pending further action by the department. The department shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license. A hearing shall be held no later than ten days after the date of such temporary suspension or temporary limitation.(2) A continuance of the hearing shall be granted by the department upon written request from the licensee. Such continuance shall not exceed thirty days. A temporary suspension or temporary limitation order by the director shall take effect when served upon the facility or service. A copy of the notice shall also be mailed to the holder of the license if the holder of such license is not actually involved in the daily operation of the facility or service. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.(3) A temporary suspension or temporary limitation under this section shall not exceed ninety days. If a decision is not reached within that period, the temporary suspension or temporary limitation shall expire.(4) Any person aggrieved by a decision of the department after a hearing as provided in this section may appeal under the Administrative Procedure Act.Source Laws 2000, LB 819, § 46. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 71-447 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-447 - License; denied or refused renewal; grounds.

71-447.  License; denied or refused renewal; grounds.The department may deny or refuse to renew a license under the Health Care Facility Licensure Act to any health care facility or health care service that fails to meet the requirements for licensure provided in the act or in rules and regulations adopted and promulgated under the act, including (1) failing an inspection pursuant to section 71-440, (2) failing to meet a compliance assessment standard adopted under section 71-442, (3) having had a license revoked within the two-year period preceding application, or (4) any of the grounds listed in section 71-448.Source Laws 2000, LB 819, § 47.
NE Code § 71-449 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-449 - License; disciplinary actions authorized.

71-449.  License; disciplinary actions authorized.(1) The department may impose any one or a combination of the following types of disciplinary action against the license of a health care facility or health care service:(a) A fine not to exceed ten thousand dollars per violation;(b) A prohibition on admissions or readmissions, a limitation on enrollment, or a prohibition or limitation on the provision of care or treatment;(c) A period of probation not to exceed two years during which the facility or service may continue to operate under terms and conditions fixed by the order of probation;(d) A period of suspension not to exceed three years during which the facility or service may not operate; and(e) Revocation which is a permanent termination of the license and the licensee may not apply for a license for a minimum of two years after the effective date of the revocation.(2) Any fine imposed and unpaid under the Health Care Facility Licensure Act shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the facility or service is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for credit to the permanent school fund.Source Laws 2000, LB 819, § 49.
NE Code § 71-450 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-450 - License; disciplinary actions; considerations.

71-450.  License; disciplinary actions; considerations.(1) In determining what type of disciplinary action to impose, the department shall consider:(a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;(b) The reasonableness of the diligence exercised by the health care facility or health care service in identifying or correcting the violation;(c) Any previous violations committed by the facility or service; and(d) The financial benefit to the facility or service of committing or continuing the violation.(2) The department may adopt and promulgate rules and regulations which set forth specific violations which will result in a particular disciplinary action, including the use of scope and severity determinations.(3) If the licensee fails to correct a violation or to comply with a particular type of disciplinary action, the department may take additional disciplinary action as described in section 71-449.Source Laws 2000, LB 819, § 50.
NE Code § 71-451 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-451 - License; disciplinary actions; notice.

71-451.  License; disciplinary actions; notice.(1) If the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last address shown on the records of the department, a notice setting forth the determination, the particular reasons for the determination, including a specific description of the nature of the violation and the statute, rule, or regulation violated, and the type of disciplinary action which is pending. The denial, refusal to renew, or disciplinary action shall become final fifteen days after the mailing of the notice unless the applicant or licensee, within such fifteen-day period, makes a written request for an informal conference or a hearing pursuant to section 71-452.(2) A copy of the notice in subsection (1) of this section shall also be mailed to the holder of the license if the holder of such license is not actually involved in the daily operation of the facility or service. If the holder of the license is a corporation, a copy of the notice shall be sent to the corporation's registered agent.Source Laws 2000, LB 819, § 51.
NE Code § 71-452 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-452 - License; disciplinary actions; rights of licensee.

71-452.  License; disciplinary actions; rights of licensee.Within fifteen days after service of a notice under section 71-451, an applicant or a licensee shall notify the director in writing that the applicant or licensee (1) desires to contest the notice and request an informal conference with a representative of the department in person or by other means at the request of the applicant or licensee, (2) desires to contest the notice and request an informal conference with a representative peer review organization with which the department has contracted, (3) desires to contest the notice and request a hearing, or (4) does not contest the notice. If the director does not receive such notification within such fifteen-day period, the action of the department shall be final.Source  Laws 2000, LB 819, § 52;  Laws 2007, LB203, § 5.
NE Code § 71-453 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-453 - License; disciplinary actions; informal conference; procedure.

71-453.  License; disciplinary actions; informal conference; procedure.(1) The director shall assign a representative of the department, other than the individual who did the inspection upon which the notice is based, or a representative peer review organization to hold an informal conference with the applicant or licensee within thirty days after receipt of a request made under subdivision (1) or (2) of section 71-452. Within twenty working days after the conclusion of the conference, the representative or representative peer review organization shall report in writing to the department its conclusion regarding whether to affirm, modify, or dismiss the notice and the specific reasons for the conclusion and shall provide a copy of the report to the director and the applicant or licensee.(2) Within ten working days after receiving a report under subsection (1) of this section, the department shall consider such report and affirm, modify, or dismiss the notice and shall state the specific reasons for such decision, including, if applicable, the specific reasons for not adopting the conclusion of the representative or representative peer review organization as contained in such report. The department shall provide the applicant or licensee with a copy of such decision by certified mail to the last address shown in the records of the department. If the applicant or licensee desires to contest an affirmed or modified notice, the applicant or licensee shall notify the director in writing within five working days after receiving such decision that the applicant or licensee requests a hearing.(3) If an applicant or a licensee successfully demonstrates during an informal conference or a hearing that the deficiencies should not have been cited in the notice, (a) the deficiencies shall be removed from the notice and the deficiency statement and (b) any sanction imposed solely as a result of those cited deficiencies shall be rescinded.Source  Laws 2000, LB 819, § 53;  Laws 2007, LB203, § 6.
NE Code § 71-454 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-454 - License; disciplinary actions; hearings; procedure.

71-454.  License; disciplinary actions; hearings; procedure.(1) If the applicant or licensee requests a hearing under section 71-452, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside the determination. A copy of such decision setting forth the findings of facts and the particular reasons upon which the decision is based shall be sent by either registered or certified mail to the applicant or licensee. The decision shall become final thirty days after the copy is mailed unless the applicant or licensee, within such thirty-day period, appeals the decision under section 71-455.(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation.Source Laws 2000, LB 819, § 54.
NE Code § 71-455 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-455 - Appeals.

71-455.  Appeals.Any party to a decision of the department under the Health Care Facility Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.Source Laws 2000, LB 819, § 55. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 71-456 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-456 - License; reinstatement; when; procedure.

71-456.  License; reinstatement; when; procedure.(1) A license issued under the Health Care Facility Licensure Act that has lapsed for nonpayment of fees is eligible for reinstatement at any time by applying to the department and paying the applicable fee as provided in section 71-434.(2) A license that has been disciplined by being placed on suspension is eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable renewal fee provided in section 71-434.(3) A license that has been disciplined by being placed on probation is eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.(4) A license that has been disciplined by being placed on probation or suspension may be reinstated prior to the completion of the term of such probation or suspension as provided in this subsection. Upon petition from a licensee and after consideration of materials submitted with such petition, the director may order an inspection or other investigation of the licensee. On the basis of material submitted by the licensee and the results of any inspection or investigation by the department, the director shall determine whether to grant full reinstatement of the license, to modify the probation or suspension, or to deny the petition for reinstatement. The director's decision shall become final thirty days after mailing the decision to the licensee unless the licensee requests a hearing within such thirty-day period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.(5) A license that has been disciplined by being revoked is not eligible for relicensure until two years after the date of such revocation. A reapplication for an initial license may be made at the end of such two-year period.(6) The department may adopt and promulgate rules and regulations to carry out this section.Source  Laws 2000, LB 819, § 56;  Laws 2002, LB 1062, § 45.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 71-457 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-457 - Rules and regulations.

71-457.  Rules and regulations.(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health care in any health care facility or health care service licensed under the Health Care Facility Licensure Act, the department shall adopt, promulgate, and enforce rules, regulations, and standards with respect to the different types of health care facilities and health care services, except nursing facilities and skilled nursing facilities, designed to further the accomplishment of the purposes of the act. Such rules, regulations, and standards shall be modified, amended, or rescinded from time to time in the public interest by the department.(2) The department shall adopt, promulgate, and enforce rules, regulations, and standards with respect to nursing facilities and skilled nursing facilities. Such rules, regulations, and standards shall be in compliance with the Nebraska Nursing Home Act. Such rules, regulations, and standards shall be modified, amended, or rescinded from time to time in the public interest by the department.Source  Laws 2000, LB 819, § 57;  Laws 2017, LB644, § 19.  Cross References  Nebraska Nursing Home Act, see section 71-6037.
NE Code § 71-458 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-458 - Violations; penalty.

71-458.  Violations; penalty.Any person who establishes, operates, or maintains a health care facility or health care service subject to the Health Care Facility Licensure Act without first obtaining a license as required under the act or who violates any of the provisions of the act shall be guilty of a Class I misdemeanor. Each day such facility or service operates after a first conviction shall be considered a subsequent offense.Source Laws 2000, LB 819, § 58.
NE Code § 71-459 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-459 - Injunction.

71-459.  Injunction.The department may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a health care facility or health care service subject to the Health Care Facility Licensure Act without first obtaining a license as required by the act. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a health care facility or health care service without obtaining a license to do so, without alleging any further or more particular facts concerning the same.Source Laws 2000, LB 819, § 59.
NE Code § 71-460 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-460 - Transferred to section 71-5903.

71-460.  Transferred to section 71-5903.
NE Code § 71-461 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-461 - Transferred to section 71-5904.

71-461.  Transferred to section 71-5904.
NE Code § 71-464 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-464 - Itemized billing statement; duty to provide.

71-464.  Itemized billing statement; duty to provide.A health care facility or a health care practitioner facility, upon written request of a patient or a patient's representative, shall provide an itemized billing statement, including diagnostic codes, without charge to the patient or patient's representative. Such itemized billing statement shall be provided within fourteen days after the request.Source Laws 2009, LB288, § 32.
NE Code § 71-466 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-466 - Religious residential facility; exemption from licensure and regulation.

71-466.  Religious residential facility; exemption from licensure and regulation.Any facility which is used as a residence by members of an organization, association, order, or society organized and operated for religious purposes, which is not operated for financial gain or profit for the organization, association, order, or society, and which serves as a residence only for such members who in the exercise of their duties in the organization, association, order, or society are required to participate in congregant living within such a facility is exempt from the provisions of the Health Care Facility Licensure Act relating to licensure or regulation of assisted-living facilities, intermediate care facilities, and nursing facilities.Source Laws 2011, LB34, § 2.