reglab/housing_qa huggingface dataset:
NE Code § 44-7613 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7613 - Annual financial statement; fee; actuarial statement; certificate of compliance.

44-7613.  Annual financial statement; fee; actuarial statement; certificate of compliance.(1) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, each multiple employer welfare arrangement holding a certificate of registration shall file with the director a financial statement, attested to by at least two members of the board of trustees, one of whom shall be the chairperson or president of the board of trustees, and accompanied by a fee of two hundred dollars. The director shall review the financial statement and shall require additional filings as the director finds reasonably necessary to assure the legitimacy and the financial integrity of the multiple employer welfare arrangement.(2) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, a statement from a qualified actuary that the rates charged and reserves, both (a) incurred and (b) incurred but not reported, regarding sufficiency to pay claims and associated expenses for the health benefit plan shall be obtained and given to the director. The actuarial statement shall include a confirmation that the stop-loss insurance policy required by section 44-7609 is in force. The actuarial statement shall meet the requirements of any rules or regulations which shall be adopted and promulgated by the director.(3) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, each multiple employer welfare arrangement holding a certificate of registration shall file with the director a certificate of compliance signed by at least two members of the board of trustees, one of whom shall be the chairperson or president of the board of trustees, certifying that the multiple employer welfare arrangement, to the best of their knowledge, information, and belief, has been conducted in accordance with applicable provisions of Nebraska law and rules and regulations relating to multiple employer welfare arrangements.Source  Laws 2002, LB 1139, § 13;  Laws 2008, LB855, § 51.
NE Code § 44-7614 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7614 - Disciplinary action.

44-7614.  Disciplinary action.(1) After notice and a hearing conducted pursuant to the Administrative Procedure Act, the director may suspend or revoke a certificate of registration or may impose an administrative fine not to exceed one thousand dollars per violation, or any combination of actions, if the director finds the multiple employer welfare arrangement:(a) Fails to maintain the stop-loss insurance policy as required by section 44-7609;(b) Engages in financial practices that make further transaction of business in this state hazardous or injurious to its participating employers, covered individuals, or the public;(c) Within fifteen business days, fails to respond or request a reasonable amount of additional time to respond in which time a response is made, to an inquiry of the director;(d) Fails for an unreasonable period to pay any final judgment rendered against it in this state on any contractual obligation;(e) Conducts business fraudulently or has not met its contractual obligations in good faith;(f) Made, published, disseminated, circulated, or placed before the public or caused, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication or in the form of a notice, circular, pamphlet, letter, or poster or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the health benefit plan or with respect to any insurer in the conduct of his or her business which is untrue, deceptive, or misleading; or(g) Violates any provision of the Multiple Employer Welfare Arrangement Act or section 44-106 or 44-114.(2) Instead of or in addition to the penalties set forth in subsection (1) of this section, the director may issue a cease and desist order to a multiple employer welfare arrangement if such multiple employer welfare arrangement engages in any of the activities set forth in subsection (1) of this section.Source  Laws 2002, LB 1139, § 14;  Laws 2020, LB1014, § 7.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 44-7615 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7615 - Rules and regulations.

44-7615.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the Multiple Employer Welfare Arrangement Act.Source Laws 2002, LB 1139, § 15.
NE Code § 44-7616 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7616 - Offering of plan; how construed.

44-7616.  Offering of plan; how construed.(1) The offering of a health benefit plan by any multiple employer welfare arrangement shall not be deemed transacting business as an insurer, association, or exchange, except as specifically set forth in the Multiple Employer Welfare Arrangement Act. The insurance laws of this state do not apply to health benefit plans offered by multiple employer welfare arrangements except as specifically set forth in the act.(2) Nothing in the act shall be construed to include an insolvent multiple employer welfare arrangement within the provisions of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.Source Laws 2002, LB 1139, § 16. Cross References  Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
NE Code § 44-7617 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7617 - Act; applicability.

44-7617.  Act; applicability.(1) Except as provided in subsection (2) of this section, the Multiple Employer Welfare Arrangement Act shall apply to multiple employer welfare arrangements offering health benefit plans on or after July 20, 2002.(2) The Multiple Employer Welfare Arrangement Act shall apply to multiple employer welfare arrangements providing health care coverage to self-employed individuals on or after January 1, 2020.Source  Laws 2002, LB 1139, § 17;  Laws 2020, LB1014, § 9.
NE Code § 44-7618 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7618 - Compliance with provisions of federal law, required; trust; surplus; amount required.

44-7618.  Compliance with provisions of federal law, required; trust; surplus; amount required.(1) A multiple employer welfare arrangement that provides health care coverage to self-employed individuals shall comply with the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, as such acts existed on January 1, 2020, and the following protections for covered individuals that would otherwise be required under the Employee Retirement Income Security Act of 1974:(a) Fiduciary duties in section 404 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1104;(b) Claims and appeal procedures in section 503 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1133;(c) The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, 29 U.S.C. 1185a;(d) The Newborns' and Mothers' Health Protection Act of 1996, 29 U.S.C. 1185; and(e) The Genetic Information Nondiscrimination Act of 2008, 29 U.S.C. 1182.(2) A multiple employer welfare arrangement that provides health care coverage to covered individuals who are self-employed individuals shall establish and maintain a surplus in the trust established pursuant to section 44-7607 in an amount equal to at least seven hundred fifty thousand dollars. The director may increase the amount required to be deposited in the trust based on the director's determination that such an increase is necessary after considering the level of aggregate and specific stop-loss insurance provided with respect to such multiple employer welfare arrangement and other factors related to solvency risk, such as the multiple employer welfare arrangement's projected levels of participation or claims, the nature of the multiple employer welfare arrangement's liabilities, and the types of assets available to assure that such liabilities are met.Source Laws 2020, LB1014, § 8.
NE Code § 44-7701 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7701 - Act, how cited.

44-7701.  Act, how cited.Sections 44-7701 to 44-7712 shall be known and may be cited as the Model Act Regarding Use of Credit Information in Personal Insurance.Source Laws 2003, LB 487, § 1.
NE Code § 44-7702 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7702 - Purpose of act.

44-7702.  Purpose of act.The purpose of the Model Act Regarding Use of Credit Information in Personal Insurance is to regulate the use of credit information for personal insurance, so that consumers are afforded certain protections with respect to the use of such information.Source Laws 2003, LB 487, § 2.
NE Code § 44-7703 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7703 - Act; applicability.

44-7703.  Act; applicability.The Model Act Regarding Use of Credit Information in Personal Insurance applies to personal insurance and not to commercial insurance. For purposes of the act, personal insurance means private passenger automobile, homeowners, motorcycle, autocycle, mobile homeowners, noncommercial dwelling fire, and boat, personal watercraft, snowmobile, and recreational vehicle insurance policies. Such policies must be individually underwritten for personal, family, or household use. No other type of insurance shall be included as personal insurance for purposes of the act.Source  Laws 2003, LB 487, § 3;  Laws 2015, LB231, § 1.
NE Code § 44-7704 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7704 - Terms, defined.

44-7704.  Terms, defined.For purposes of the Model Act Regarding Use of Credit Information in Personal Insurance:(1) Adverse action means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of personal insurance;(2) Affiliate means any company that controls, is controlled by, or is under common control with another company;(3) Applicant means an individual who has applied to be covered by a personal insurance policy with an insurer;(4) Consumer means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy;(5) Consumer reporting agency means any person which, for monetary fees, for dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties;(6) Credit information means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall not be considered credit information, regardless of whether it is contained in a credit report or in an application or is used to calculate an insurance score;(7) Credit report means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement; and(8) Insurance score means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.Source Laws 2003, LB 487, § 4.
NE Code § 44-7706 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7706 - Credit information; notice; insurer; duties.

44-7706.  Credit information; notice; insurer; duties.If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, as such act existed on January 1, 2003, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determination either from the consumer reporting agency or from the insured, the insurer shall reunderwrite and rerate the consumer within thirty days after receiving the notice. After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid a premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last twelve months of coverage or the actual policy period.Source Laws 2003, LB 487, § 6.
NE Code § 44-7707 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7707 - Disclosures; required.

44-7707.  Disclosures; required.(1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with such application. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy, if such consumer has previously been provided a disclosure statement.(2) Use of the following example disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.".Source Laws 2003, LB 487, § 7.
NE Code § 44-7708 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7708 - Adverse action; notice requirements.

44-7708.  Adverse action; notice requirements.If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of both subdivisions (1) and (2) of this section. Such insurer shall:(1) Provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, as such act existed on January 1, 2003, 15 U.S.C. 1681m(a); and(2) Provide notification to the consumer explaining the reason for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. Such notification shall include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms such as poor credit history, poor credit rating, or poor insurance score does not meet the explanation requirements of this subdivision. Standardized credit explanations provided by consumer reporting agencies or other third-party vendors are deemed to comply with this section.Source Laws 2003, LB 487, § 8.
NE Code § 44-7709 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7709 - Scoring models or processes; filing.

44-7709.  Scoring models or processes; filing.Insurers that use insurance scores to underwrite and rate risks shall file their scoring models or other scoring processes with the Department of Insurance. A third party may file scoring models on behalf of insurers. A filing that includes insurance scoring may include loss experience justifying the use of credit information. Any filing relating to credit information is considered a trade secret.Source Laws 2003, LB 487, § 9.
NE Code § 44-7710 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7710 - Indemnification of insurance producers.

44-7710.  Indemnification of insurance producers.An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurance producer who obtains or uses credit information or insurance scores for an insurer if the insurance producer follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.Source Laws 2003, LB 487, § 10.
NE Code § 44-7711 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7711 - Consumer reporting agency; prohibited acts.

44-7711.  Consumer reporting agency; prohibited acts.(1) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage.(2) The restrictions provided in subsection (1) of this section do not apply to data or lists the consumer reporting agency supplies to the insurance producer from whom information was received, the insurer on whose behalf such insurance producer acted, or such insurer's affiliates or holding companies.(3) Nothing in this section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.Source Laws 2003, LB 487, § 11.
NE Code § 44-7712 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7712 - Applicability of act.

44-7712.  Applicability of act.The Model Act Regarding Use of Credit Information in Personal Insurance applies to personal insurance policies either written to be effective or renewed on or after nine months after August 31, 2003.Source Laws 2003, LB 487, § 12.
NE Code § 44-7802 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7802 - Representative of state.

44-7802.  Representative of state.The Director of Insurance is hereby designated to serve as the representative of this state to the Interstate Insurance Product Regulation Commission.Source Laws 2005, LB 119, § 37.
NE Code § 44-7901 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7901 - Act, how cited.

44-7901.  Act, how cited.Sections 44-7901 to 44-7903 shall be known and may be cited as the Property and Casualty Actuarial Opinion Act.Source Laws 2005, LB 119, § 39.
NE Code § 44-7902 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-7902 - Statement of Actuarial Opinion; filing; supporting documents; appointed actuary; immunity.

44-7902.  Statement of Actuarial Opinion; filing; supporting documents; appointed actuary; immunity.(1) Beginning January 1, 2007, every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled Statement of Actuarial Opinion. This opinion shall be filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions.(2)(a) Every property and casualty insurance company domiciled in this state that is required to submit a Statement of Actuarial Opinion shall annually submit an actuarial opinion summary, written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions and shall be considered as a document supporting the Statement of Actuarial Opinion required in subsection (1) of this section.(b) A property and casualty insurance company authorized to do business in this state but not domiciled in this state shall provide the actuarial opinion summary to the Director of Insurance upon request.(3)(a) An actuarial report and underlying workpapers as required by the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions shall be prepared to support each Statement of Actuarial Opinion.(b) If the insurance company fails to provide a supporting actuarial report or workpapers at the request of the director or the director determines that the supporting actuarial report or workpapers provided by the insurance company is otherwise unacceptable to the director, the director may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or workpapers.(4) The appointed actuary shall not be liable for damages to any person, other than the insurance company or the director, for any act, error, omission, decision, or conduct with respect to the actuary's opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary.Source Laws 2005, LB 119, § 40.
NE Code § 44-8001 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-8001 - Act, how cited.

44-8001.  Act, how cited.Sections 44-8001 to 44-8010 shall be known and may be cited as the Health Care Prompt Payment Act.Source Laws 2005, LB 389, § 1.