reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8402 - Terms, defined.

71-8402.
Terms, defined.
For purposes of sections 71-8401 to 71-8407:
(1) Medical records means a provider's record of a patient's health history and treatment rendered;
(2) Mental health medical records means medical records or parts thereof created by or under the direction or supervision of a licensed psychiatrist, a licensed psychologist, a mental health practitioner licensed or certified pursuant to the Mental Health Practice Act, or a professional counselor who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact;
(3) Patient includes a patient or former patient;
(4) Patient request or request of a patient includes the request of a patient's guardian or other authorized representative; and
(5) Provider means a physician, psychologist, chiropractor, dentist, hospital, clinic, and any other licensed or certified health care practitioner or entity.
Source
Laws 1999, LB 17, § 2;
Laws 2007, LB247, § 56;
Laws 2007, LB463, § 1306;
Laws 2022, LB752, § 29.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
Mental Health Practice Act, see section 38-2101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8403 - Access to medical records.

71-8403.
Access to medical records.
(1) A patient may request a copy of the patient's medical records or may request to examine such records. Access to such records shall be provided upon request pursuant to sections 71-8401 to 71-8407, except that mental health medical records may be withheld if any treating physician, psychologist, or mental health practitioner determines in his or her professional opinion that release of the records would not be in the best interest of the patient unless the release is required by court order. The request and any authorization shall be in writing. If an authorization does not contain an expiration date or specify an event the occurrence of which causes the authorization to expire, the authorization shall expire twelve months after the date the authorization was executed by the patient.
(2) Upon receiving a written request for a copy of the patient's medical records under subsection (1) of this section, the provider shall furnish the person making the request a copy of such records not later than thirty days after the written request is received.
(3) Upon receiving a written request to examine the patient's medical records under subsection (1) of this section, the provider shall, as promptly as required under the circumstances but no later than ten days after receiving the request: (a) Make the medical records available for examination during regular business hours; (b) inform the patient if the records do not exist or cannot be found; (c) if the provider does not maintain the records, inform the patient of the name and address of the provider who maintains such records, if known; or (d) if unusual circumstances have delayed handling the request, inform the patient in writing of the reasons for the delay and the earliest date, not later than twenty-one days after receiving the request, when the records will be available for examination. The provider shall furnish a copy of medical records to the patient as provided in subsection (2) of this section if requested.
(4) This section does not require the retention of records or impose liability for the destruction of records in the ordinary course of business prior to receipt of a request made under subsection (1) of this section. A provider shall not be required to disclose confidential information in any medical record concerning another patient or family member who has not consented to the release of the record.
Source
Laws 1999, LB 17, § 3;
Laws 2010, LB849, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8404 - Access; charges.

71-8404.
Access; charges.
Except as provided in sections 71-8405 and 71-8407, for medical records provided under section 71-8403 or under subpoena by a patient or his or her authorized representative a provider may charge no more than twenty dollars as a handling fee and may charge no more than fifty cents per page as a copying fee. A provider may charge for the reasonable cost of all duplications of medical records which cannot routinely be copied or duplicated on a standard photocopy machine. A provider may charge an amount necessary to cover the cost of labor and materials for furnishing a copy of an X-ray or similar special medical record. If the provider does not have the ability to reproduce X-rays or other records requested, the person making the request may arrange, at his or her expense, for the reproduction of such records.
Source
Laws 1999, LB 17, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8405 - Charges; exemptions.

71-8405.
Charges; exemptions.
(1) A provider shall not charge a fee for medical records requested by a patient for use in supporting an application for disability or other benefits or assistance or an appeal relating to the denial of such benefits or assistance under:
(a) Sections 43-501 to 43-536 regarding assistance for certain children;
(b) The Medical Assistance Act relating to the medical assistance program;
(c) Title II of the federal Social Security Act, as amended, 42 U.S.C. 401 et seq.;
(d) Title XVI of the federal Social Security Act, as amended, 42 U.S.C. 1382 et seq.; or
(e) Title XVIII of the federal Social Security Act, as amended, 42 U.S.C. 1395 et seq.
(2) Unless otherwise provided by law, a provider may charge a fee as provided in section 71-8404 for the medical records of a patient requested by a state or federal agency in relation to the patient's application for benefits or assistance or an appeal relating to denial of such benefits or assistance under subsection (1) of this section.
(3) A request for medical records under this section shall include a statement or document from the department or agency that administers the issuance of the assistance or benefits which confirms the application or appeal.
Source
Laws 1999, LB 17, § 5;
Laws 2006, LB 1248, § 81.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8406 - Provider; immunity.

71-8406.
Provider; immunity.
A provider who transfers or submits information in good faith to a patient's medical record shall not be liable in damages to the patient or any other person for the disclosure of such medical records as provided in sections 71-8401 to 71-8407.
Source
Laws 1999, LB 17, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8407 - Sections; applicability.

71-8407.
Sections; applicability.
Sections 71-8401 to 71-8407 do not apply to the release of medical records under the Nebraska Workers' Compensation Act.
Source
Laws 1999, LB 17, § 7.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8502 - Legislative findings.

71-8502.
Legislative findings.
The Legislature finds that:
(1) Access to health care facilities and health care practitioners is critically important to the citizens of Nebraska;
(2) Access to a continuum of health care services is restricted in some medically underserved areas of Nebraska, and many health care practitioners in such areas are isolated from mentors, colleagues, and information resources necessary to support them personally and professionally;
(3) The use of telecommunications technology to deliver health care services can reduce health care costs, improve health care quality, improve access to health care, and enhance the economic health of communities in medically underserved areas of Nebraska; and
(4) The full potential of delivering health care services through telehealth cannot be realized without the assurance of payment for such services and the resolution of existing legal and policy barriers to such payment.
Source
Laws 1999, LB 559, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8503 - Terms, defined.

71-8503.
Terms, defined.
For purposes of the Nebraska Telehealth Act:
(1) Department means the Department of Health and Human Services;
(2) Health care practitioner means a Nebraska medicaid-enrolled provider who is licensed, registered, or certified to practice in this state by the department;
(3)(a) Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a health care practitioner in the diagnosis or treatment of a patient.
(b) Telehealth includes (i) services originating from a patient's home or any other location where such patient is located, (ii) asynchronous services involving the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a health care practitioner at another site for medical evaluation, and (iii) telemonitoring.
(c) Telehealth also includes audio-only services for the delivery of individual behavioral health services for an established patient, when appropriate, or crisis management and intervention for an established patient as allowed by federal law;
(4) Telehealth consultation means any contact between a patient and a health care practitioner relating to the health care diagnosis or treatment of such patient through telehealth; and
(5) Telemonitoring means the remote monitoring of a patient's vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a health care practitioner for analysis and storage.
Source
Laws 1999, LB 559, § 3;
Laws 2007, LB296, § 695;
Laws 2014, LB1076, § 1;
Laws 2021, LB400, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8504 - Act; how construed.

71-8504.
Act; how construed.
The Nebraska Telehealth Act does not: (1) Alter the scope of practice of any health care practitioner; (2) authorize the delivery of health care services in a setting or manner not otherwise authorized by law; or (3) limit a patient's right to choose in-person contact with a health care practitioner for the delivery of health care services for which telehealth is available.
Source
Laws 1999, LB 559, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8505 - Written information; signed statement or verbal consent; requirements.

71-8505.
Written information; signed statement or verbal consent; requirements.
(1) Prior to an initial telehealth consultation under section 71-8506, a health care practitioner who delivers a health care service to a patient through telehealth shall ensure that the following written information is provided to the patient:
(a) A statement that the patient retains the option to refuse the telehealth consultation at any time without affecting the patient's right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled;
(b) A statement that all existing confidentiality protections shall apply to the telehealth consultation;
(c) A statement that the patient shall have access to all medical information resulting from the telehealth consultation as provided by law for patient access to his or her medical records; and
(d) A statement that dissemination of any patient identifiable images or information from the telehealth consultation to researchers or other entities shall not occur without the written consent of the patient.
(2) The patient shall sign a statement prior to or during an initial telehealth consultation, or give verbal consent during the telehealth consultation, indicating that the patient understands the written information provided pursuant to subsection (1) of this section and that this information has been discussed with the health care practitioner or the practitioner's designee. The signed statement may be collected by paper or electronic signature and shall become a part of the patient's medical record. If the patient gives verbal consent during the initial telehealth consultation, the signed statement shall be collected within ten days after such telehealth consultation.
(3) If the patient is a minor or is incapacitated or mentally incompetent such that he or she is unable to sign the statement or give verbal consent as required by subsection (2) of this section, such statement shall be signed, or such verbal consent given, by the patient's legally authorized representative.
(4) This section shall not apply in an emergency situation in which the patient is unable to sign the statement or give verbal consent as required by subsection (2) of this section and the patient's legally authorized representative is unavailable.
Source
Laws 1999, LB 559, § 5;
Laws 2021, LB400, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8506 - Medical assistance program; reimbursement; requirements.

71-8506.
Medical assistance program; reimbursement; requirements.
(1) In-person contact between a health care practitioner and a patient shall not be required under the medical assistance program established pursuant to the Medical Assistance Act and Title XXI of the federal Social Security Act, as amended, for health care services delivered through telehealth that are otherwise eligible for reimbursement under such program and federal act. Such services shall be subject to reimbursement policies developed pursuant to such program and federal act. This section also applies to managed care plans which contract with the department pursuant to the Medical Assistance Act only to the extent that:
(a) Health care services delivered through telehealth are covered by and reimbursed under the medicaid fee-for-service program; and
(b) Managed care contracts with managed care plans are amended to add coverage of health care services delivered through telehealth and any appropriate capitation rate adjustments are incorporated.
(2) The reimbursement rate for a telehealth consultation shall, as a minimum, be set at the same rate as the medical assistance program rate for a comparable in-person consultation, and the rate shall not depend on the distance between the health care practitioner and the patient.
(3) The department shall establish rates for transmission cost reimbursement for telehealth consultations, considering, to the extent applicable, reductions in travel costs by health care practitioners and patients to deliver or to access health care services and such other factors as the department deems relevant. Such rates shall include reimbursement for all two-way, real-time, interactive communications, unless provided by an Internet service provider, between the patient and the physician or health care practitioner at the distant site which comply with the federal Health Insurance Portability and Accountability Act of 1996 and rules and regulations adopted thereunder and with regulations relating to encryption adopted by the federal Centers for Medicare and Medicaid Services and which satisfy federal requirements relating to efficiency, economy, and quality of care.
Source
Laws 1999, LB 559, § 6;
Laws 2006, LB 1248, § 82;
Laws 2013, LB556, § 6;
Laws 2014, LB1076, § 2.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8507 - Health care facility; duties.

71-8507.
Health care facility; duties.
A health care facility licensed under the Health Care Facility Licensure Act that receives reimbursement under the Nebraska Telehealth Act for telehealth consultations shall establish quality of care protocols and patient confidentiality guidelines to ensure that such consultations meet the requirements of the act and acceptable patient care standards.
Source
Laws 1999, LB 559, § 7;
Laws 2000, LB 819, § 147.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8508 - Rules and regulations.

71-8508.
Rules and regulations.
The department shall adopt and promulgate rules and regulations to carry out the Nebraska Telehealth Act, including, but not limited to, rules and regulations to: (1) Ensure the provision of appropriate care to patients; (2) prevent fraud and abuse; and (3) establish necessary methods and procedures.
Source
Laws 1999, LB 559, § 8;
Laws 2014, LB1076, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8509 - Telehealth services for children's behavioral health; rules and regulations; terms, defined.

71-8509.
Telehealth services for children's behavioral health; rules and regulations; terms, defined.
(1) The Department of Health and Human Services shall adopt and promulgate rules and regulations providing for telehealth services for children's behavioral health. Such rules and regulations relate specifically to children's behavioral health and are in addition to the Nebraska Telehealth Act.
For purposes of sections 71-8509 to 71-8512, child means a person under nineteen years of age.
(2) The rules and regulations required pursuant to subsection (1) of this section shall include, but not be limited to:
(a) An appropriately trained staff member or employee familiar with the child's treatment plan or familiar with the child shall be immediately available in person to the child receiving a telehealth behavioral health service in order to attend to any urgent situation or emergency that may occur during provision of such service. This requirement may be waived by the child's parent or legal guardian; and
(b) In cases in which there is a threat that the child may harm himself or herself or others, before an initial telehealth service the health care practitioner shall work with the child and his or her parent or guardian to develop a safety plan. Such plan shall document actions the child, the health care practitioner, and the parent or guardian will take in the event of an emergency or urgent situation occurring during or after the telehealth session. Such plan may include having a staff member or employee familiar with the child's treatment plan immediately available in person to the child, if such measures are deemed necessary by the team developing the safety plan.
Source
Laws 2013, LB556, § 1;
Laws 2017, LB92, § 2.
Cross References
Nebraska Telehealth Act, see section 71-8501.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8510 - Behavioral health screenings; legislative intent; optional screening.

71-8510.
Behavioral health screenings; legislative intent; optional screening.
It is the intent of the Legislature that behavioral health screenings be offered by physicians at the time of childhood physicals. The physician shall explain that such screening is optional. The results of behavioral health screenings and any related documents shall not be included in the child's school record and shall not be provided to the child's school or to any other person or entity without the express consent of the child's parent or legal guardian.
Source
Laws 2013, LB556, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8511 - Behavioral Health Education Center; duties.

71-8511.
Behavioral Health Education Center; duties.
The Behavioral Health Education Center created pursuant to section 71-830 shall provide education and training for educators on children's behavioral health in the areas of the state served by the Behavioral Health Screening and Referral Pilot Program created pursuant to section 71-8512.
Source
Laws 2013, LB556, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8601 - Act, how cited.

71-8601.
Act, how cited.
Sections 71-8601 to 71-8616 shall be known and may be cited as the Commission for the Blind and Visually Impaired Act.
Source
Laws 2000, LB 352, § 1;
Laws 2007, LB445, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8602 - Purposes of act.

71-8602.
Purposes of act.
The purposes of the Commission for the Blind and Visually Impaired Act are to assist blind persons in gaining remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.
Source
Laws 2000, LB 352, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8603 - Terms, defined.

71-8603.
Terms, defined.
For purposes of the Commission for the Blind and Visually Impaired Act:
(1) Blind person means:
(a) A person having sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life; or
(b) A person, to be eligible and licensed as a blind vending facility operator under section 71-8611:
(i) Having no greater than 20/200 central visual acuity in the better eye after correction; or
(ii) Having an equally disabling loss of the visual field in which the widest diameter of the visual field subtends an angle no greater than twenty degrees;
(2) Board means the governing board of the commission;
(3) Certified vocational rehabilitation counselor for the blind means a person who is certified to practice vocational rehabilitation counseling for blind persons and holds a certificate issued by the commission;
(4) Commission means the Commission for the Blind and Visually Impaired;
(5) Committee of Blind Vendors means the committee created pursuant to 20 U.S.C. 107b-1;
(6) State workforce investment board means the board authorized by the federal Workforce Investment Act of 1998 and established in Nebraska;
(7) Vending facility means:
(a) Cafeterias, snackbars, cart services, shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment necessary for the vending of articles approved by the office, agency, or person having control of the property on which the vending facility is located; and
(b) Manual or coin-operated vending machines or similar devices for vending articles approved by the office, agency, or person having control of the property on which the vending facility is located;
(8) Vending facility program means the program established and maintained pursuant to section 71-8611; and
(9) Vocational rehabilitation counseling for the blind means the process implemented by a person who operates a comprehensive and coordinated program designed to assist blind persons to gain remunerative employment, to enlarge economic opportunities for blind persons, to increase the available occupational range and diversity for blind persons, and to stimulate other efforts that aid blind persons in becoming self-supporting.
Source
Laws 2000, LB 352, § 3;
Laws 2005, LB 55, § 1;
Laws 2007, LB445, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8604 - Commission for the Blind and Visually Impaired; created; per diem; expenses.

71-8604.
Commission for the Blind and Visually Impaired; created; per diem; expenses.
(1) The Commission for the Blind and Visually Impaired is created. The governing board of the commission shall consist of five members appointed by the Governor with the approval of a majority of the members of the Legislature. All board members shall have reasonable knowledge or experience in issues related to blindness which may include, but is not limited to, reasonable knowledge or experience acquired through membership in consumer organizations of the blind. No board member or his or her immediate family shall be a current employee of the commission. At least three board members shall be blind persons: One member shall be a member or designee of the National Federation of the Blind of Nebraska; one member shall be a member or designee of the American Council of the Blind of Nebraska; and one member may be a member of another consumer organization of the blind.
(2) Board members shall be appointed for staggered terms with the initial members appointed for terms as follows: Two members for terms ending on December 31, 2001, and three members for terms ending December 31, 2003. Subsequent appointments shall be for terms of four years with no board member appointed to more than two consecutive terms. Board members whose terms have expired shall continue to serve until their successors have been appointed. In the case of a vacancy, the Governor shall appoint a successor for the unexpired term. Board members may be removed for cause.
(3) A majority of the board members constitutes a quorum for the transaction of business. The board shall annually elect a chairperson from its membership.
(4) Board members shall receive a per diem of seventy dollars for each day spent in the performance of their official duties and shall be reimbursed for expenses incurred in the performance of their official duties as provided in sections 81-1174 to 81-1177. Aside from the provisions of this subsection, a board member shall not receive other compensation, perquisites, or allowances for the performance of official duties.
Source
Laws 2000, LB 352, § 4;
Laws 2020, LB381, § 75.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8605 - Commission; director; employees.

71-8605.
Commission; director; employees.
(1) The commission shall employ a director who is the administrative officer of the commission. The director shall hire employees as necessary for the efficient operation of the commission. The director shall serve at the pleasure of the commission.
(2) The commission shall have power in each instance (a) to establish standards of qualification for personnel employed pursuant to the Commission for the Blind and Visually Impaired Act and (b) to employ necessary field agents, teachers, and other personnel in accordance with such standards and fix their compensation. All employees of the commission, except the director, shall be included within the State Personnel System.
Source
Laws 1917, c. 233, § 3, p. 571;
C.S.1922, § 6876;
C.S.1929, § 83-313;
R.S.1943, § 83-211;
Laws 1947, c. 332, § 3, p. 1050;
Laws 1976, LB 674, § 6;
Laws 1988, LB 810, § 1;
Laws 1996, LB 1044, § 934;
R.S.1943, (1999), § 83-211;
Laws 2000, LB 352, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8607 - Commission; powers and duties.

71-8607.
Commission; powers and duties.
(1) The commission shall:
(a) Apply for, receive, and administer money from any state or federal agency to be used for purposes relating to blindness, including federal funds relating to vocational rehabilitation of blind persons as provided in subsection (1) of section 71-8610;
(b) Receive on behalf of the state any gifts, donations, or bequests from any source to be used in carrying out the purposes of the Commission for the Blind and Visually Impaired Act;
(c) Promote self-support of blind persons as provided in sections 71-8608, 71-8609, and 71-8611;
(d) Provide itinerant training of alternative skills of blindness, including, but not limited to, braille, the long white cane for independent travel, adaptive technology, and lifestyle maintenance;
(e) Establish, equip, and maintain a residential training center with qualified instructors for comprehensive prevocational training of eligible blind persons. The center shall also provide comprehensive independent living training as well as orientation and adjustment counseling for blind persons;
(f) Administer and operate a vending facility program in the state, in its capacity as the designated licensing agency pursuant to the federal Randolph-Sheppard Act, as the act existed on January 1, 2019, 20 U.S.C. 107 et seq., for the benefit of blind persons;
(g) Contract for the purchase of information services for blind persons; and
(h) Perform other duties necessary to fulfill the purposes of the Commission for the Blind and Visually Impaired Act.
(2) The commission may perform educational services relating to blindness and may cooperate and consult with other public and private agencies relating to educational issues.
Source
Laws 2000, LB 352, § 7;
Laws 2019, LB220, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8608 - Promotion of self-support; powers and duties.

71-8608.
Promotion of self-support; powers and duties.
To promote self-support of blind persons:
(1) The commission shall:
(a) Provide placement and career development services;
(b) Provide prevocational training;
(c) Support integration with and access to community-based educational and vocational training opportunities;
(d) Implement employer outreach and cultivation; and
(e) Develop inservice community-based recruitment and networking resources; and
(2) The commission may:
(a) Maintain employment databases;
(b) Facilitate small business incubation; and
(c) Develop recommendations for state contract preferences.
Source
Laws 2000, LB 352, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8609 - Blindness-related services; qualifications; commission; duties.

71-8609.
Blindness-related services; qualifications; commission; duties.
(1) For a person to qualify for blindness-related services from the commission, the commission shall find such person to be (a) a blind person as defined in subdivision (1)(a) of section 71-8603 or (b) a person who is experiencing a deteriorating condition which is expected to result in blindness. A person seeking to qualify for blindness-related services may obtain an eye examination from a licensed ophthalmologist or optometrist of his or her choice or provide other certifying evidence of existing or potential visual impairment as required by the rules and regulations of the commission.
(2) The commission shall maintain a list of all ophthalmologists and optometrists currently licensed in Nebraska and establish procedures for a person to obtain evidence to verify that he or she qualifies for blindness-related services.
(3) When an eye examination is required for a person seeking to qualify for blindness-related services, the commission shall pay the cost pursuant to its rules and regulations. The commission may assist any person seeking to qualify for blindness-related services under the Commission for the Blind and Visually Impaired Act in arranging an eye examination or obtaining other evidence pursuant to this section.
Source
Laws 2000, LB 352, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8610 - Vocational rehabilitation services.

71-8610.
Vocational rehabilitation services.
(1) The commission is authorized to accept the provisions of the federal Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq., and to cooperate with the United States Government in any way necessary to enable the commission to receive federal funds for the vocational rehabilitation of blind persons as provided in such act and the provisions of Titles II and XVI of the federal Social Security Act, as amended, 42 U.S.C. 301 et seq.
(2) The commission shall provide vocational rehabilitation services for blind persons, including, but not limited to, prevocational training, maintenance during training, transportation, occupational tools and equipment, vocational training, medical and surgical care and hospitalization, and prosthetic appliances.
Source
Laws 1947, c. 332, § 2, p. 1050;
Laws 1976, LB 674, § 2;
Laws 1979, LB 124, § 1;
Laws 1981, LB 336, § 1;
Laws 1996, LB 1044, § 928;
R.S.1943, (1999), § 83-210.02;
Laws 2000, LB 352, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8610.01 - Certified vocational rehabilitation counselor for the blind; duties.

71-8610.01.
Certified vocational rehabilitation counselor for the blind; duties.
A certified vocational rehabilitation counselor for the blind's duties shall include, but not be limited to, the following:
(1) Assist blind persons, their families, groups of blind persons, or employers of blind persons through the counseling relationship to develop understanding, define blindness issues, define goals, plan action, and elevate expectations toward the capability of blind persons with the goal of full-time or part-time employment when appropriate, consistent with each individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;
(2) Be responsible for all decisions concerning eligibility for services, the nature and scope of available services, the provision of services, and the determination that a recipient of such services has achieved an employment outcome commensurate with his or her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;
(3) Administer the individualized plan for employment and write the document prepared on forms provided by the commission containing descriptions of a specific employment outcome, the nature and scope of needed services and the entities to provide them, the criteria to evaluate progress toward achievement of employment outcome, and the responsibilities of the program and the recipient of such services;
(4) Plan allocation and expenditure of program funds; and
(5) Complete referral activities which evaluate data to identify which blind persons or groups of blind persons may be served in conjunction with or by other counselors.
Source
Laws 2007, LB445, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8610.02 - Vocational rehabilitation counseling for the blind; certified vocational rehabilitation counselor for the blind; certification required; qualifications; continuing competency requirements.

71-8610.02.
Vocational rehabilitation counseling for the blind; certified vocational rehabilitation counselor for the blind; certification required; qualifications; continuing competency requirements.
(1) No person shall engage in vocational rehabilitation counseling for the blind or hold himself or herself out as a certified vocational rehabilitation counselor for the blind in the state unless he or she is certified for such purpose by the commission.
(2) A certified vocational rehabilitation counselor for the blind is not a mental health practitioner.
(3) Except as otherwise provided in subsection (5) of this section, a certified vocational rehabilitation counselor for the blind shall have the following qualifications:
(a) A bachelor's degree from an appropriate educational program approved by the executive director of the commission;
(b) Six hundred hours of intensive training under sleep shades at the commission's orientation training center; and
(c) Completion of appropriate training as approved by the executive director.
(4) Each certified vocational rehabilitation counselor for the blind shall, in the period since his or her certificate was issued or last renewed, complete continuing competency requirements as set forth by the commission under the executive director's approval.
(5) The commission may waive some or all of the requirements of subsection (3) of this section for any person engaged in rehabilitation counseling for the blind on or before September 1, 2007.
Source
Laws 2007, LB445, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8611 - Vending facilities; license; priority status.

71-8611.
Vending facilities; license; priority status.
For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons, and stimulating blind persons to greater efforts in striving to make themselves self-supporting, the commission shall administer and operate vending facilities programs pursuant to the federal Randolph-Sheppard Act, as the act existed on January 1, 2019, 20 U.S.C. 107 et seq. Blind persons licensed by the commission pursuant to its rules and regulations are authorized to operate vending facilities in any federally owned building or on any federally owned or controlled property, in any state-owned building or on any property owned or controlled by the state, or on any property owned or controlled by any county, city, or municipality with the approval of the local governing body, when, in the judgment of the director of the commission, such vending facilities may be properly and satisfactorily operated by blind persons. With respect to vending facilities in any state-owned building or on any property owned or controlled by the state, priority shall be given to blind persons, except that this shall not apply to the Game and Parks Commission or the University of Nebraska. If a blind person is selected to operate vending facilities in such building or on such property, he or she shall do so on a rent-free basis and offer products at prices comparable to similar products sold in similar buildings or on similar property.
Source
Laws 1961, c. 443, § 1, p. 1363;
Laws 1973, LB 32, § 1;
Laws 1976, LB 674, § 3;
Laws 1996, LB 1044, § 929;
R.S.1943, (1999), § 83-210.03;
Laws 2000, LB 352, § 11;
Laws 2004, LB 1005, § 134;
Laws 2012, LB858, § 4;
Laws 2019, LB220, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8612 - Commission for the Blind and Visually Impaired Cash Fund; created; use; investment.

71-8612.
Commission for the Blind and Visually Impaired Cash Fund; created; use; investment.
The Commission for the Blind and Visually Impaired Cash Fund is created. The fund shall contain money received pursuant to the Commission for the Blind and Visually Impaired Act and shall include a percentage of the net proceeds derived from the operation of vending facilities. The net proceeds from the operation of vending facilities shall accrue to the blind vending facility operator, except for the percentage of the net proceeds that shall revert to the cash fund. Such fund shall be used for supervision and other administrative purposes as necessary, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The commission, in consultation with the Committee of Blind Vendors, shall determine the percentage of the net proceeds that reverts to the Commission for the Blind and Visually Impaired Cash Fund after an investigation to reveal the gross proceeds, cost of operation, amount necessary to replenish the stock of merchandise, and the business needs of the blind vending facility operator. All equipment purchased from the fund is the property of the state and shall be disposed of only by sale at a fair market price. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1947, c. 343, § 1, p. 1085;
Laws 1949, c. 292, § 1, p. 996;
Laws 1957, c. 386, § 1, p. 1343;
Laws 1961, c. 442, § 1, p. 1362;
Laws 1965, c. 561, § 1, p. 1845;
Laws 1969, c. 584, § 113, p. 2418;
Laws 1971, LB 334, § 6;
Laws 1976, LB 674, § 1;
Laws 1995, LB 7, § 142;
R.S.1943, (1999), § 83-210.01;
Laws 2000, LB 352, § 12;
Laws 2005, LB 55, § 2;
Laws 2009, First Spec. Sess., LB3, § 48.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8613 - Annual report.

71-8613.
Annual report.
The commission shall file an annual report with the Governor and the Clerk of the Legislature, prior to each regular session of the Legislature, which details the activities and expenditures of the commission and shall include separately information related to the activities and expenditures of the vending facility program as well as estimates of anticipated expenditures and anticipated revenue available to the vending facility program from all sources. The report submitted to the Clerk of the Legislature shall be submitted electronically.
Source
Laws 2000, LB 352, § 13;
Laws 2012, LB782, § 127.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8614 - Hearing authorized.

71-8614.
Hearing authorized.
The commission shall provide an opportunity for a fair hearing to any person applying for or receiving services who is dissatisfied with any action or failure to act arising from the operation or administration of any service or program authorized under the Commission for the Blind and Visually Impaired Act.
Source
Laws 2000, LB 352, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8616 - Transfer of property to commission; contracts and agreements; effect.

71-8616.
Transfer of property to commission; contracts and agreements; effect.
(1) All property, equipment, supplies, and personnel which belonged to, were allocated to, or were used to support the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services prior to July 1, 2000, are transferred to the Commission for the Blind and Visually Impaired.
(2) All existing contracts and agreements in effect on July 1, 2000, as to the Division of Rehabilitation Services for the Visually Impaired within the Department of Health and Human Services are binding and effective upon the Commission for the Blind and Visually Impaired.
Source
Laws 2000, LB 352, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8701 - Act, how cited.

71-8701.
Act, how cited.
Sections 71-8701 to 71-8722 shall be known and may be cited as the Patient Safety Improvement Act.
Source
Laws 2005, LB 361, § 1;
Laws 2019, LB25, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8702 - Legislative findings and intent.

71-8702.
Legislative findings and intent.
(1) The Legislature finds that:
(a) In 1999, the Institute of Medicine released a report entitled "To Err is Human" that described medical errors as the eighth leading cause of death in the United States;
(b) To address these errors, the health care system must be able to create a learning environment in which health care providers and facilities will feel safe reporting adverse health events and near misses in order to improve patient safety;
(c) To facilitate the learning environment, health care providers and facilities must have legal protections that will allow them to review protected health information so that they may collaborate in the development and implementation of patient safety improvement strategies;
(d) To carry out a program to promote patient safety, a policy should be established which provides for and promotes patient safety organizations; and
(e) There are advantages to having private nonprofit corporations act as patient safety organizations rather than a state agency, including the enhanced ability to obtain grants and donations to carry out patient safety improvement programs.
(2) It is the intent of the Legislature to encourage the establishment of broad-based patient safety organizations.
Source
Laws 2005, LB 361, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8703 - Purposes of act.

71-8703.
Purposes of act.
The purposes of the Patient Safety Improvement Act are to (1) encourage a culture of safety and quality by providing for legal protection of information reported for the purposes of quality improvement and patient safety, (2) provide for the reporting of aggregate information about occurrences, and (3) provide for the reporting and sharing of information designed to improve health care delivery systems and reduce the incidence of adverse health events and near misses. The ultimate goal of the act is to ensure the safety of all individuals who seek health care in Nebraska's health care facilities or from Nebraska's health care professionals.
Source
Laws 2005, LB 361, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8704 - Definitions, where found.

71-8704.
Definitions, where found.
For purposes of the Patient Safety Improvement Act, unless the context otherwise requires, the definitions found in sections 71-8705 to 71-8709 apply.
Source
Laws 2005, LB 361, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8705 - Identifiable information, defined.

71-8705.
Identifiable information, defined.
Identifiable information means information that is presented in a form and manner that allows the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information includes any individually identifiable health information as that term is defined in the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as such regulations existed on April 28, 2005.
Source
Laws 2005, LB 361, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8706 - Nonidentifiable information, defined.

71-8706.
Nonidentifiable information, defined.
Nonidentifiable information means information presented in a form and manner that prevents the identification of any provider, patient, or reporter of patient safety work product. With respect to patients, such information must be de-identified consistent with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as such regulations existed on April 28, 2005.
Source
Laws 2005, LB 361, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8707 - Patient safety organization, defined.

71-8707.
Patient safety organization, defined.
Patient safety organization means an organization described in section 71-8714 that contracts with one or more providers subject to the Patient Safety Improvement Act and that performs the following activities:
(1) The conduct, as the organization's primary activity, of efforts to improve patient safety and the quality of health care delivery;
(2) The collection and analysis of patient safety work product that is submitted by providers;
(3) The development and dissemination of evidence-based information to providers with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices;
(4) The utilization of patient safety work product to carry out activities limited to those described under this section and for the purposes of encouraging a culture of safety and of providing direct feedback and assistance to providers to effectively minimize patient risk;
(5) The maintenance of confidentiality with respect to identifiable information;
(6) The provision of appropriate security measures with respect to patient safety work product; and
(7) The possible submission, if authorized by federal law, of nonidentifiable information to a national patient safety database.
Source
Laws 2005, LB 361, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8708 - Patient safety work product, defined.

71-8708.
Patient safety work product, defined.
(1) Patient safety work product means any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that are:
(a) Created or developed by a provider solely for the purposes of reporting to a patient safety organization;
(b) Reported to a patient safety organization for patient safety or quality improvement processes;
(c) Requested by a patient safety organization, including the contents of such request;
(d) Reported to a provider by a patient safety organization;
(e) Created by a provider to evaluate corrective actions following a report by or to a patient safety organization;
(f) Created or developed by a patient safety organization; or
(g) Reported among patient safety organizations after obtaining authorization.
(2) Patient safety work product does not include information, documents, or records otherwise available from original sources merely because they were collected for or submitted to a patient safety organization. Patient safety work product also does not include documents, investigations, records, or reports otherwise required by law.
(3) Patient safety work product does not include reports and information disclosed pursuant to sections 71-8719 and 71-8720.
Source
Laws 2005, LB 361, § 8.