reglab/housing_qa huggingface dataset:
NE Code § 44-5804 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5804 - Payments to third-party administrator; how construed.

44-5804.  Payments to third-party administrator; how construed.If an insurer utilizes the services of a third-party administrator, the payment to the third-party administrator of any charges and premiums by or on behalf of any policyholder, contract holder, certificate holder, or subscriber shall be deemed to have been received by the insurer, and the payment of return of premiums or claim payments forwarded by the insurer to the third-party administrator shall not be deemed to have been paid to the policyholder, contract holder, certificate holder, subscriber, or claimant until the payment is received by the policyholder, contract holder, certificate holder, subscriber, or claimant. Nothing in this section shall limit any right of the insurer against the third-party administrator resulting from the failure of the third-party administrator to make payments to the insurer, policyholders, contract holders, certificate holders, subscribers, or claimants.Source  Laws 1992, LB 1006, § 79.
NE Code § 44-5806 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5806 - Approved advertising.

44-5806.  Approved advertising.A third-party administrator shall use only such advertising pertaining to the insurance business underwritten by an insurer as has been approved in writing by the insurer in advance of its use.Source  Laws 1992, LB 1006, § 81.
NE Code § 44-5807 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5807 - Insurer; third-party administrator; responsibilities.

44-5807.  Insurer; third-party administrator; responsibilities.(1) If an insurer utilizes the services of a third-party administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria, and claims-payment procedures and for securing reinsurance, if any. The rules pertaining to these matters shall be provided, in writing, by the insurer to the third-party administrator. The responsibilities of the third-party administrator as to any of these matters shall be set forth in the written agreement between the third-party administrator and the insurer.(2) It shall be the sole responsibility of the insurer to provide for competent administration of its programs.(3) In cases when a third-party administrator administers benefits for more than one hundred certificate holders or subscribers on behalf of an insurer, the insurer shall, at least semiannually, conduct a review of the operations of the third-party administrator. At least one such review shall be an onsite audit of the operations of the third-party administrator.Source  Laws 1992, LB 1006, § 82.
NE Code § 44-5808 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5808 - Funds collected; held in fiduciary capacity; accounting.

44-5808.  Funds collected; held in fiduciary capacity; accounting.(1) All charges and premiums collected by a third-party administrator on behalf of or for an insurer or insurers and the return of premiums received from that insurer or insurers shall be held by the third-party administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled to them or shall be deposited promptly in a fiduciary account established and maintained by the third-party administrator in a federally insured or state-insured financial institution. The written agreement between the third-party administrator and the insurer shall provide for the third-party administrator to periodically render an accounting to the insurer detailing all transactions performed by the third-party administrator pertaining to the insurance business underwritten by the insurer.(2) If charges and premiums deposited in a fiduciary account have been collected on behalf of or for one or more insurers, the third-party administrator shall keep records clearly recording the deposits in and withdrawals from the fiduciary account on behalf of each insurer. The third-party administrator shall keep copies of all the records pertaining to such deposits and withdrawals and, upon request of an insurer, shall furnish the insurer with copies of the records.(3) The third-party administrator shall not pay any claim by withdrawals from a fiduciary account in which charges and premiums are deposited. Withdrawals from such account shall be made as provided in the written agreement between the third-party administrator and the insurer. The written agreement shall address, but not be limited to, the following:(a) Remittance to an insurer entitled to remittance;(b) Deposit in an account maintained in the name of the insurer;(c) Transfer to and deposit in a claims-paying account, with claims to be paid as provided for in subsection (4) of this section;(d) Payment to a group policyholder or group contract holder for remittance to the insurer entitled to such remittance;(e) Payment to the third-party administrator of its commissions, fees, or charges; and(f) Remittance of return of premium to the person or persons entitled to such return of premium.(4) All claims paid by the third-party administrator from funds collected on behalf of or for an insurer shall be paid only on drafts or checks of and as authorized by the insurer.Source  Laws 1992, LB 1006, § 83.
NE Code § 44-5809 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5809 - Certain contingency agreements prohibited; exceptions.

44-5809.  Certain contingency agreements prohibited; exceptions.A third-party administrator shall not enter into any agreement or understanding with an insurer in which the effect is to make the amount of the third-party administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement, and payment of losses covered by the insurer's obligations. This section shall not prohibit a third-party administrator from receiving performance-based compensation for providing hospital or other auditing services. This section shall not prohibit a third-party administrator from receiving compensation based on premiums or charges collected or the number of claims paid or processed.Source  Laws 1992, LB 1006, § 84.
NE Code § 44-5810 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5810 - Notice to certificate holder or subscribers; identification and disclosure of collections.

44-5810.  Notice to certificate holder or subscribers; identification and disclosure of collections.(1) If an insurer utilizes the services of a third-party administrator, the third-party administrator shall provide a written notice approved by the insurer to certificate holders or subscribers advising them of the identity of and relationship among the third-party administrator, the policyholder or contract holder, and the insurer.(2) When a third-party administrator collects charges, the reason for collection of each item shall be identified to the policyholder or contract holder and each item shall be shown separately from any premium. Additional charges shall not be made for services to the extent the services have been paid for by the insurer.(3) The third-party administrator shall disclose to the insurer all charges, fees, and commissions received in connection with the providing of administrative services for the insurer, including any fees or commissions paid by insurers providing reinsurance.Source  Laws 1992, LB 1006, § 85.
NE Code § 44-5811 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5811 - Written communications; delivery.

44-5811.  Written communications; delivery.Any policies, contracts, certificates, booklets, termination notices, or other written communications delivered by the insurer to the third-party administrator for delivery to policyholders, contract holders, certificate holders, or subscribers shall be delivered by the third-party administrator promptly after receipt of instructions from the insurer to deliver them.Source  Laws 1992, LB 1006, § 86.
NE Code § 44-5813 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5813 - Application requirements; waiver; when.

44-5813.  Application requirements; waiver; when.Upon request from a third-party administrator, the director may waive the application requirements of subsection (2) of section 44-5812 if the third-party administrator has a valid certificate of authority as a third-party administrator issued in a state which has requirements for third-party administrators that are at least as stringent as those contained in the Third-Party Administrator Act.Source  Laws 1992, LB 1006, § 88.
NE Code § 44-5814 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5814 - Annual report; filing; contents; fee; failure to file; effect.

44-5814.  Annual report; filing; contents; fee; failure to file; effect.(1) Each third-party administrator shall file an annual report for the preceding calendar year with the director on or before March 1 of each year or within such extension of time therefor as the director for good cause may grant. The annual report shall be in the form and contain such matters as the director prescribes and shall be verified by at least two officers of the third-party administrator.(2) The annual report shall include the complete names and addresses of all insurers with which the third-party administrator had a written agreement during the preceding fiscal year.(3) At the time of filing its annual report, the third-party administrator shall pay to the director a filing fee of two hundred dollars.(4)(a) Within seven business days after the failure of a third-party administrator to comply with the requirements of this section, the director shall notify the third-party administrator of such failure.(b) Subject to subdivision (4)(c) of this section, if a third-party administrator fails to comply with the requirements of this section and any rules and regulations adopted and promulgated under this section and any orders issued under this section:(i) Such third-party administrator shall pay a fine of fifty dollars for each day thereafter such failure continues and the third-party administrator continues to transact any business of insurance; and(ii) In addition to the fine required under subdivision (4)(b)(i) of this section, the director may suspend the certificate of authority of the third-party administrator until it has complied with the requirements of this section, any rules and regulations adopted and promulgated under this section, and any orders issued under this section. The director shall remit all such fines to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.(c) For good and sufficient cause shown, the director may grant a reasonable extension of time not to exceed thirty days within which the annual report may be filed as required under this section without the fine required under subdivision (4)(b)(i) of this section and without any suspension authorized under subdivision (4)(b)(ii) of this section.Source   Laws 1992, LB 1006, § 89;  Laws 2002, LB 1139, § 42;  Laws 2003, LB 216, § 17;  Laws 2021, LB21, § 6.   Effective Date: August 28, 2021
NE Code § 44-5816 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5816 - Rules and regulations.

44-5816.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Third-Party Administrator Act.Source  Laws 1992, LB 1006, § 91.
NE Code § 44-5901 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5901 - Act, how cited.

44-5901.  Act, how cited.Sections 44-5901 to 44-5910 shall be known and may be cited as the Insurers Examination Act.Source  Laws 1993, LB 583, § 1.
NE Code § 44-5902 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5902 - Purpose of act.

44-5902.  Purpose of act.The purpose of the Insurers Examination Act is to provide an effective and efficient system for examining the activities, operations, financial condition, and affairs of all persons transacting the business of insurance in this state and all persons otherwise subject to the jurisdiction of the director. The provisions of the act are intended to enable the director to adopt a flexible system of examinations which directs resources as may be deemed appropriate and necessary for the administration of the insurance and insurance-related laws of this state.Source  Laws 1993, LB 583, § 2.
NE Code § 44-5903 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5903 - Terms, defined.

44-5903.  Terms, defined.For purposes of the Insurers Examination Act:(1) Company shall mean any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the director;(2) Department shall mean the Department of Insurance;(3) Director shall mean the Director of Insurance;(4) Examiner shall mean any individual having been appointed by the director to conduct an examination under the act;(5) Insurer shall mean any person authorized to transact the business of insurance, including any fraternal benefit society, reciprocal exchange, advisory organization, assessment association, unincorporated mutual association, hospital or physicians mutual insurance association, and professional association mutual insurance company; and(6) Person shall mean any individual, aggregation of individuals, trust, association, partnership, limited liability company, or corporation or any affiliate thereof.Source   Laws 1993, LB 583, § 3;   Laws 1994, LB 884, § 62.
NE Code § 44-5904 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5904 - Authority, scope, and scheduling of examinations.

44-5904.  Authority, scope, and scheduling of examinations.(1) The director or any of his or her examiners may conduct an examination under the Insurers Examination Act of any company incorporated in this state or in any other state or country admitted to or applying for admission to transact business in this state as often as the director in his or her sole discretion deems appropriate but shall at a minimum conduct an examination of every domestic insurer not less frequently than once every five years. In scheduling and determining the nature, scope, and frequency of the examination of a company, the director shall consider such matters as the results of financial statement analyses and ratios, changes in the company's management or ownership, actuarial opinions, reports of independent certified public accountants, the company's ability to meet and fulfill its obligations, the company's compliance with provisions of law, other facts relating to the company's business methods, the company's management and its dealings with its policyholders, and other criteria as set forth in the Examiners' Handbook adopted by the National Association of Insurance Commissioners and in effect when the director conducts an examination under this section.(2) For purposes of completing an examination of any company under the act, the director may examine or investigate any person, or the business of any person, insofar as such examination or investigation is, in the sole discretion of the director, necessary or material to the examination of the company.Source   Laws 1993, LB 583, § 4;   Laws 1998, LB 1035, § 12;  Laws 2009, LB192, § 9.
NE Code § 44-5907 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5907 - Conflict of interest.

44-5907.  Conflict of interest.(1) No examiner may be appointed by the director if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any company subject to examination under the Insurers Examination Act. This section shall not be construed to automatically preclude an examiner from being:(a) A policyholder or claimant under an insurance policy;(b) A grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;(c) An investment owner in shares of regulated diversified investment companies; or(d) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.(2) Notwithstanding the requirements of this section, the director may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions even though the individuals may from time to time be similarly employed or retained by persons subject to examination under the act.Source  Laws 1993, LB 583, § 7.
NE Code § 44-5908 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5908 - Cost of examinations.

44-5908.  Cost of examinations.The reasonable expenses of the examination of a company conducted under the Insurers Examination Act shall be fixed and determined by the director who shall collect the same from the company examined. The company shall reimburse the amount thereof upon presentation of a statement by the director. Reimbursement shall be limited to a reasonable allocation for the salary of each examiner plus actual expenses. All money collected by the director for examination of the affairs of companies shall be remitted in accordance with section 44-116.Source  Laws 1993, LB 583, § 8.
NE Code § 44-5909 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5909 - Immunity from liability.

44-5909.  Immunity from liability.(1) No cause of action shall arise nor shall any liability be imposed against the director, his or her authorized representatives, or any examiner appointed by the director for any statements made or conduct performed in good faith while carrying out the provisions of the Insurers Examination Act.(2) No cause of action shall arise, nor shall any liability be imposed against any person, for the act of communicating or delivering information or data to the director or his or her authorized representative or examiner pursuant to an examination made under the Insurers Examination Act if such act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.(3) This section does not abrogate or modify in any way any common-law or statutory privilege or immunity otherwise enjoyed by any person identified in subsection (1) of this section.(4) A person identified in subsection (1) of this section shall be entitled to an award of attorney's fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of the act and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding shall be substantially justified if it had a reasonable basis in law or fact at the time that it was initiated.Source  Laws 1993, LB 583, § 9.
NE Code § 44-5910 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-5910 - Rules and regulations.

44-5910.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Insurers Examination Act.Source  Laws 1993, LB 583, § 10.
NE Code § 44-6001 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6001 - Act, how cited.

44-6001.  Act, how cited.Sections 44-6001 to 44-6026 shall be known and may be cited as the Insurers and Health Organizations Risk-Based Capital Act.Source   Laws 1993, LB 583, § 13;   Laws 1994, LB 978, § 32;  Laws 1999, LB 258, § 3.
NE Code § 44-6002 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6002 - Definitions, where found.

44-6002.  Definitions, where found.For purposes of the Insurers and Health Organizations Risk-Based Capital Act, the definitions found in sections 44-6003 to 44-6014 shall be used.Source   Laws 1993, LB 583, § 14;   Laws 1994, LB 978, § 33;  Laws 1999, LB 258, § 4.
NE Code § 44-6003 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6003 - Adjusted risk-based capital report, defined.

44-6003.  Adjusted risk-based capital report, defined.Adjusted risk-based capital report means a risk-based capital report which has been adjusted by the director in accordance with subsection (6) of section 44-6015.Source   Laws 1993, LB 583, § 15;   Laws 1994, LB 978, § 34;  Laws 1999, LB 258, § 5.
NE Code § 44-6004 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6004 - Corrective order, defined.

44-6004.  Corrective order, defined.Corrective order means an order issued by the director specifying corrective actions which the director has determined are required.Source   Laws 1993, LB 583, § 16;  Laws 1999, LB 258, § 6.
NE Code § 44-6005 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6005 - Director, defined.

44-6005.  Director, defined.Director means the Director of Insurance.Source   Laws 1993, LB 583, § 17;  Laws 1999, LB 258, § 7.
NE Code § 44-6006 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6006 - Domestic, defined.

44-6006.  Domestic, defined.Domestic, when referring to insurers, has the same meaning as in section 44-103.Source   Laws 1993, LB 583, § 18;  Laws 1999, LB 258, § 8.
NE Code § 44-6006.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6006.01 - Domestic health organization, defined.

44-6006.01.  Domestic health organization, defined.Domestic health organization means a health organization domiciled in this state.Source Laws 1999, LB 258, § 9.
NE Code § 44-6007 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6007 - Foreign, defined.

44-6007.  Foreign, defined.Foreign, when referring to insurers, has the same meaning as in section 44-103.Source   Laws 1993, LB 583, § 19;  Laws 1999, LB 258, § 10.
NE Code § 44-6007.01 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6007.01 - Foreign health organization, defined.

44-6007.01.  Foreign health organization, defined.Foreign health organization means a health organization that is authorized to do business in this state but is not domiciled in this state.Source Laws 1999, LB 258, § 11.
NE Code § 44-6007.02 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-6007.02 - Health organization, defined.

44-6007.02.  Health organization, defined.Health organization means a health maintenance organization, prepaid limited health service organization, prepaid dental service corporation, or other managed care organization. Health organization does not include a life and health insurer, a fraternal benefit society, or a property and casualty insurer as defined in section 44-6008 that is otherwise subject to either life and health or property and casualty risk-based capital requirements.Source  Laws 1999, LB 258, § 12;  Laws 2013, LB426, § 2.