reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-798 - Coverage for dental care requiring hospitalization and general anesthesia; requirements.

44-798.
Coverage for dental care requiring hospitalization and general anesthesia; requirements.
(1) Notwithstanding section 44-3,131, (a) any employer group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any employer group hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and (b) any self-funded employee benefit plan to the extent not preempted by federal law shall include coverage for the reasonable cost of hospitalization and general anesthesia in order for a covered person to safely receive dental care if he or she is under eight years of age or is developmentally disabled.
(2)(a) This section does not prevent application of deductible or copayment provisions contained in the group policy, contract, or benefit plan or require that coverage under a group policy, contract, or benefit plan be extended to any other procedures, including dental care.
(b) This section does not prevent application of prior authorization requirements or other requirements of a managed care plan as established by the group policy, contract, or benefit plan, including a requirement that coverage under subsection (1) of this section shall be provided only through a contracted network of providers.
(3) For purposes of this section, the reasonable determination that hospitalization and general anesthesia are necessary for safe dental care shall be made by the entity providing coverage under subsection (1) of this section. Medical necessity shall be as defined by the group policy, contract, or benefit plan.
(4) For purposes of this section, hospital and hospitalization includes ambulatory surgical center and care at an ambulatory surgical center.
Source
Laws 2000, LB 1253, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-799 - Coverage for newly adopted children; requirements.

44-799.
Coverage for newly adopted children; requirements.
(1)(a) Any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and (b) any self-funded employee benefit plan to the extent not preempted by federal law shall cover newly adopted children of the insured or enrollee. The coverage for newly adopted children shall be the same as for other dependents. No policy or health benefit plan provision concerning preexisting condition limitations, insurability, eligibility, or health underwriting approval may be applied to newly adopted children when they are enrolled in accordance with this section.
(2) The coverage required by this section:
(a) Is effective upon the earlier of (i) the date of placement for the purpose of adoption or (ii) the date of the entry of an order granting the adoptive parent custody of the child for purposes of adoption;
(b) Continues unless the placement is disrupted prior to legal adoption and the child is removed from placement; and
(c) Continues unless required action as described in subsection (3) of this section is not taken.
(3) If the payment of a specific premium or subscription fee is required to provide coverage for an adopted child, the policy or health benefit plan may require that notification of the adoption of the child and the payment of the required premium or fee be furnished to the insurer or health benefit plan within thirty-one days after the adoption of the child in order to have the coverage continue beyond the thirty-one-day period.
Source
Laws 2000, LB 1253, § 43.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,100 - Genetic testing; prohibited acts.

44-7,100.
Genetic testing; prohibited acts.
(1)(a) Any hospital, medical, or surgical expense-incurred policy or certificate delivered, issued for delivery, or renewed in this state and (b) any self-funded employee benefit plan to the extent not preempted by federal law shall not require a covered person or his or her dependent or an asymptomatic applicant for coverage or his or her asymptomatic dependent to undergo any genetic test before issuing, renewing, or continuing the policy or certificate in this state.
(2) This section does not prohibit requiring an applicant for coverage to answer questions concerning family history.
(3) For purposes of this section:
(a) Clinical purposes includes:
(i) Predicting the risk of diseases;
(ii) Identifying carriers for single-gene disorders;
(iii) Establishing prenatal and clinical diagnosis or prognosis;
(iv) Prenatal, newborn, and other carrier screening, as well as testing in high-risk families;
(v) Testing for metabolites if undertaken with high probability that an excess or deficiency of the metabolite indicates or suggests the presence of heritable mutations in single genes; and
(vi) Other testing if the intended purpose is diagnosis of a presymptomatic genetic condition; and
(b) Genetic test means the analysis of human DNA, RNA, and chromosomes and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. A genetic test must be generally accepted in the scientific and medical communities as being specifically determinative for the presence, absence, or mutation of a gene or chromosome in order to qualify under this definition. Genetic test does not include a routine physical examination or a routine analysis, including a chemical analysis, of body fluids unless conducted specifically to determine the presence, absence, or mutation of a gene or chromosome.
Source
Laws 2001, LB 432, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,102 - Coverage for screening for colorectal cancer.

44-7,102.
Coverage for screening for colorectal cancer.
(1) Notwithstanding section 44-3,131, (a) any individual or group sickness and accident insurance policy, certificate, or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for short-term major medical policies of six months or less duration and policies that provide coverage for a specified disease or other limited-benefit coverage, and (b) any self-funded employee benefit plan to the extent not preempted by federal law shall include screening coverage for a colorectal cancer examination and laboratory tests for cancer for any nonsymptomatic person forty-five years of age or older covered under such policy, certificate, contract, or plan. Such screening coverage shall include a maximum of one stool-based preventive screening test as approved by the United States Preventive Services Task Force annually and a flexible sigmoidoscopy every five years, a colonoscopy every ten years, or a barium enema every five to ten years, or any combination, or the most reliable, medically recognized screening test available. The screenings selected shall be as deemed appropriate by a health care provider and the patient.
(2) On or after December 31, 2023, no policy, certificate, or contract, delivered, issued for delivery, or renewed in this state, or any self-funded employee benefit plan, to the extent not preempted by federal law, shall impose a deductible, coinsurance, or any other cost-sharing requirements for screening colonoscopies as recommended by the United States Preventive Services Task Force, including those performed as a result of a positive noncolonoscopy stool-based preventive screening test.
Source
Laws 2007, LB247, § 86;
Laws 2022, LB863, § 20;
Laws 2023, LB92, § 55.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,103 - Continuing coverage for children to age thirty; requirements.

44-7,103.
Continuing coverage for children to age thirty; requirements.
(1) For purposes of this section, health benefit plan means any expense-incurred individual or group sickness and accident insurance policy, health maintenance organization contract, subscriber contract, or self-funded employee benefit plan to the extent not preempted by federal law, except for any policy or contract that provides coverage only for excepted benefits as defined in the federal Health Insurance Portability and Accountability Act of 1996, 29 U.S.C. 1191b, and regulations adopted pursuant to the act, as such act and regulations existed on January 1, 2009, or any policy or contract that provides coverage for a specified disease or other limited-benefit coverage.
(2) Notwithstanding section 44-3,131, any health benefit plan that provides coverage for children shall provide for continuing coverage for such children as follows:
(a) If coverage under the health benefit plan would otherwise terminate because a covered child ceases to be a dependent, ceases to be a full-time student, or attains an age which exceeds the specified age at which coverage ceases pursuant to the plan, the health benefit plan shall provide the option to the insured to continue coverage for such child through the end of the month in which the child (i) marries, (ii) ceases to be a resident of the state, unless the child is under nineteen years of age or is enrolled on a full-time basis in any college, university, or trade school, (iii) receives coverage under another health benefit plan or a self-funded employee benefit plan that is not included in the definition of a health benefit plan under subsection (1) of this section but provides similar coverage, or (iv) attains thirty years of age; and
(b) The health benefit plan may require:
(i) A written election from the insured; and
(ii) An additional premium for the child. Such premium shall not vary based upon the health status of the child and shall not exceed the amount the health benefit plan would receive for an identical individual for a single adult insured. No employer shall be required to contribute to any additional premium under this subdivision.
Source
Laws 2009, LB551, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,104 - Coverage for orally administered anticancer medication; requirements; applicability.

44-7,104.
Coverage for orally administered anticancer medication; requirements; applicability.
(1) Notwithstanding section 44-3,131, (a) any individual or group sickness and accident insurance policy, certificate, or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and (b) any self-funded employee benefit plan to the extent not preempted by federal law that provides coverage for cancer treatment shall provide coverage for a prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected anticancer medications that are covered as medical benefits by the policy, certificate, contract, or plan.
(2) This section does not prohibit such policy, certificate, contract, or plan from requiring prior authorization for a prescribed, orally administered anticancer medication. If such medication is authorized, the cost to the covered individual shall not exceed the coinsurance or copayment that would be applied to any other cancer treatment involving intravenously administered or injected anticancer medications.
(3) A policy, certificate, contract, or plan provider shall not reclassify any anticancer medication or increase a coinsurance, copayment, deductible, or other out-of-pocket expense imposed on any anticancer medication to achieve compliance with this section. Any change that otherwise increases an out-of-pocket expense applied to any anticancer medication shall also be applied to the majority of comparable medical or pharmaceutical benefits under the policy, certificate, contract, or plan.
(4) This section does not prohibit a policy, certificate, contract, or plan provider from increasing cost-sharing for all benefits, including cancer treatments.
(5) This section shall apply to any policy, certificate, contract, or plan that is delivered, issued for delivery, or renewed in this state on or after October 1, 2012.
Source
Laws 2012, LB882, § 1;
Laws 2014, LB254, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,105 - Fees charged for dental services; prohibited acts.

44-7,105.
Fees charged for dental services; prohibited acts.
Notwithstanding section 44-3,131, (1) an individual or group sickness or accident policy, certificate, or subscriber contract delivered, issued for delivery, or renewed in this state and a hospital, medical, or surgical expense-incurred policy, (2) a self-funded employee benefit plan to the extent not preempted by federal law, and (3) a certificate, agreement, or contract to provide limited health services issued by a prepaid limited health service organization as defined in section 44-4702 shall not include a provision, stipulation, or agreement establishing or limiting any fees charged for dental services that are not covered by the policy, certificate, contract, agreement, or plan.
Source
Laws 2012, LB810, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,107 - Telehealth; asynchronous review by dermatologist; coverage.

44-7,107.
Telehealth; asynchronous review by dermatologist; coverage.
(1) For purposes of this section:
(a) Asynchronous review means the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a health care provider at another site for medical evaluation;
(b) Dermatologist means a board-certified physician who is trained to evaluate and treat individuals with benign and malignant disorders of the skin, hair, nails, and adjacent mucous membranes with a specialization in the diagnosis and treatment of skin cancers, melanomas, moles, and other tumors of the skin along with surgical techniques used in dermatology and interpretation of skin biopsies; and
(c) Telehealth has the same meaning as in section 44-312.
(2) Any insurer offering (a) any individual or group sickness and accident insurance policy, certificate, or subscriber contract delivered, issued for delivery, or renewed in this state, (b) any hospital, medical, or surgical expense-incurred policy, or (c) any self-funded employee benefit plan to the extent not preempted by federal law, shall not exclude, in any policy, certificate, contract, or plan offered or renewed on or after August 24, 2017, a service from coverage solely because the service is delivered through telehealth, including services originating from any location where the patient is located, and is not provided through in-person consultation or contact between a licensed health care provider and a patient.
(3)(a) Any insurer offering any policy, certificate, contract, or plan described in subsection (2) of this section for which coverage of benefits begins on or after January 1, 2021, shall not exclude from coverage telehealth services provided by a dermatologist solely because the service is delivered asynchronously.
(b) An insurer shall reimburse a health care provider for asynchronous review by a dermatologist delivered through telehealth at a rate negotiated between the provider and the insurer.
(c) It is not a violation of this subsection for an insurer to include a deductible, copayment, or coinsurance requirement for a health care service provided through telehealth if such costs do not exceed those included for the same services provided through in-person contact.
(4) Nothing in this section shall be construed to require an insurer to provide coverage for services that are not medically necessary.
(5) This section does not apply to any policy, certificate, contract, or plan that provides coverage for a specified disease or other limited-benefit coverage.
Source
Laws 2017, LB92, § 1;
Laws 2020, LB760, § 1;
Laws 2021, LB400, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,108 - Synchronizing patient's medications; coverage.

44-7,108.
Synchronizing patient's medications; coverage.
(1) Notwithstanding section 44-3,131, (a) any individual or group sickness and accident insurance policy, certificate, or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and (b) any self-funded employee benefit plan to the extent not preempted by federal law that provides coverage for prescription medications shall apply a prorated daily cost-sharing rate to prescriptions that are dispensed by a network pharmacy for a partial supply if the prescribing practitioner or pharmacist determines the fill or refill to be in the best interest of the patient and the patient requests or agrees to a partial supply for the purpose of synchronizing the patient's medications.
(2) A policy, certificate, contract, or plan provider shall not deny coverage for the dispensing of a medication that is dispensed by a network pharmacy on the basis that the dispensing is for a partial supply if the prescribing practitioner or pharmacist determines the fill or refill to be in the best interest of the patient and the patient requests or agrees to a partial supply for the purpose of synchronizing the patient's medications. The policy, certificate, contract, or plan shall allow a pharmacy to override any denial codes indicating that a prescription is being refilled too soon for purposes of medication synchronization.
(3) To be eligible for coverage under this section, the medication:
(a) Must be covered by the enrollee's health benefit plan or have been approved by a formulary exception process;
(b) Must meet the prior authorization or utilization management criteria specifically applicable to the medication under the health benefit plan on the date the request for synchronization is made;
(c) Must be used for treatment and management of a chronic illness;
(d) Must be a formulation that can be safely split into short-fill periods to achieve medication synchronization; and
(e) Must not be a controlled substance listed in Schedule II of section 28-405.
(4) A policy, certificate, contract, or plan provider shall not use payment structures incorporating prorated dispensing fees. Dispensing fees for partially filled or refilled prescriptions shall be paid in full for each prescription dispensed, regardless of any prorated daily cost-sharing for the beneficiary or fee paid for alignment services.
(5) For purposes of this section, synchronizing the patient's medications means the coordination of medications for a patient who has been prescribed two or more medications for one or more chronic conditions so that the patient's medications are refilled on the same schedule for a given time period.
(6) This section shall apply to any policy, certificate, contract, or plan that is delivered, issued for delivery, or renewed in this state on or after September 7, 2019.
Source
Laws 2019, LB442, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,111 - Step-Therapy Reform Act, how cited.

44-7,111.
Step-Therapy Reform Act, how cited.
Sections 44-7,111 to 44-7,117 shall be known and may be cited as the Step-Therapy Reform Act.
Source
Laws 2021, LB337, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,112 - Terms, defined.

44-7,112.
Terms, defined.
For purposes of the Step-Therapy Reform Act:
(1) Clinical practice guidelines means a systematically developed statement to assist decisionmaking by health care providers and decisions by covered persons about appropriate health care for specific clinical circumstances and conditions;
(2) Clinical review criteria means the written screening procedures, decision abstracts, clinical protocols, and clinical practice guidelines used by a health carrier or utilization review organization to determine the medical necessity and appropriateness of health care services;
(3) Health carrier means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Director of Insurance, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health care services. Health carrier does not include a managed care organization;
(4) Pharmaceutical sample means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug;
(5) Step-therapy override exception means that a step-therapy protocol should be overridden in favor of coverage of the prescription drug selected by a health care provider within the applicable timeframes, based on a review of the request of the health care provider or covered person for an override, along with supporting rationale and documentation;
(6) Step-therapy protocol means a protocol, policy, or program that establishes the specific sequence in which prescription drugs for a specified medical condition and medically appropriate for a particular covered person are covered under a pharmacy or medical benefit by a health carrier or a utilization review organization, including self-administered drugs and drugs administered by a health care provider; and
(7) Utilization review organization means an entity that conducts a utilization review other than a health carrier performing a review for its own health benefit plans.
Source
Laws 2021, LB337, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,113 - Health carrier or utilization review organization; step-therapy protocol; clinical review criteria.

44-7,113.
Health carrier or utilization review organization; step-therapy protocol; clinical review criteria.
A health carrier or utilization review organization shall consider available recognized evidence-based and peer-reviewed clinical practice guidelines when establishing a step-therapy protocol. Upon written request of a covered person, a health carrier or utilization review organization shall provide any clinical review criteria applicable to a specific prescription drug covered by the health carrier or utilization review organization.
Source
Laws 2021, LB337, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,114 - Step-therapy override exception; process.

44-7,114.
Step-therapy override exception; process.
When coverage of a prescription drug for the treatment of any medical condition is restricted for use by a health carrier or utilization review organization through the use of a step-therapy protocol, the prescribing health care provider and the covered person shall have access to a clear, readily accessible, and convenient process to request a step-therapy override exception. A health carrier or utilization review organization may use its existing medical exceptions process to satisfy this requirement. The process used shall be easily accessible on the Internet site of the health carrier or utilization review organization.
Source
Laws 2021, LB337, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,117 - Act; applicability.

44-7,117.
Act; applicability.
(1) The Step-Therapy Reform Act applies to all individual and group health insurance policies, contracts, and certificates issued by health carriers, self-funded nonfederal governmental plans, and state employee health plans offered by the State of Nebraska.
(2) The Step-Therapy Reform Act applies to any health insurance or health benefit plans delivered, issued for delivery, or renewed on or after January 1, 2022.
Source
Laws 2021, LB337, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7,118 - Coverage for services performed by rural emergency hospital; requirements.

44-7,118.
Coverage for services performed by rural emergency hospital; requirements.
Any individual or group sickness and accident insurance policy or subscriber contract, nonprofit hospital or medical service policy or plan contract, or health maintenance organization contract and any self-funded employee benefit plan to the extent not preempted by federal law or exempted by state law shall provide benefits for services when performed by a licensed rural emergency hospital if such services would be covered under such policies, contracts, or coverage if performed by a general hospital.
Source
Laws 2022, LB697, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-801 - Domestic associations; special and additional requirements; amendments to bylaws; approval of department required.

44-801.
Domestic associations; special and additional requirements; amendments to bylaws; approval of department required.
No domestic assessment association shall begin to transact the business of insurance until (1) its bylaws, stating in detail its scheme and method of doing business, shall have been approved by the Department of Insurance; and (2) it has received one hundred or more applications for membership, and shall have received in cash the proceeds of one assessment, unless formed to insure grain elevators and contents, warehouses, coal sheds, lumber yards and flour mills, in which case there shall be not less than fifty applications for membership.
Every amendment to a bylaw, which in any manner changes the scheme or method of doing business, must be approved by the Department of Insurance before it shall take effect.
Source
Laws 1913, c. 154, § 124, p. 463;
R.S.1913, § 3261;
Laws 1919, c. 190, tit. V, art. X, § 1, p. 644;
C.S.1922, § 7860;
C.S.1929, § 44-901;
R.S.1943, § 44-801;
Laws 1957, c. 178, § 13, p. 617.
Annotations
Assessments were made in conformity with statute and policyholder liable thereon. Nebraska Mutual Ins. Co. v. Borden, 132 Neb. 656, 272 N.W. 767 (1937).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-802 - Assessments; how determined; by whom made.

44-802.
Assessments; how determined; by whom made.
All assessments shall be determined by proper classification and rating of the risks which an assessment association may assume, so that every member may be assessed in a proper proportion to his risk. The method of estimating the pro rata amount of each member's liability for losses and his share of the expenses shall be fixed in the bylaws, which may provide for assessments for not more than one year in advance in accordance with the amount estimated by the board of directors to be necessary to meet the losses and expenses of the association for such period;
Provided,
any assessment association maintaining the same reserves, surplus, and contingency funds as are required of a stock or mutual company licensed to transact the same kind or kinds of business, may make advance assessments for periods longer than one year at the discretion of its board of directors.
Source
Laws 1913, c. 154, § 125, p. 463;
R.S.1913, § 3262;
Laws 1919, c. 190, tit. V, art. X, § 2, p. 644;
C.S.1922, § 7861;
C.S.1929, § 44-902;
Laws 1935, c. 95, § 1, p. 318;
Laws 1939, c. 51, § 1, p. 220;
C.S.Supp.,1941, § 44-902;
R.S.1943, § 44-802;
Laws 1951, c. 145, § 1, p. 587.
Annotations
Amendment to statute providing for assessments for future losses is not applicable to contract made before amended statute went into effect, and defendant was authorized to levy assessments only for losses which had occurred, together with necessary expenses. Ehlers v. Farmers Mutual Ins. Co., 130 Neb. 368, 264 N.W. 894 (1936).
Under prior law, assessments must be levied by board of directors subject to limitations expressed, which are to be construed as on annual basis and only for losses actually accrued at date assessment levied, and future anticipated losses or expenses may not be covered by assessments. Hobza v. State Farmers Ins. Co., 125 Neb. 776, 252 N.W. 214 (1934).
Officers and directors, members of mutual assessment association, against which compensation is claimed for employee's death, are disqualified as witnesses to transaction or conversation between them and deceased against latter's legal representative. Priest v. Business Men's Protective Assn., 117 Neb. 198, 220 N.W. 255 (1928).
Under facts herein, insurance company was not an assessment association. Western Life & Accident Co. v. State Ins. Board, 101 Neb. 152, 162 N.W. 530 (1917).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-803 - Assessments; limitations.

44-803.
Assessments; limitations.
Any assessment association which has accumulated and maintains the same reserve for liabilities that is required of a stock or mutual company organized to transact the same business, and either a surplus or a contingency fund equal to the surplus required to be maintained by a stock or mutual company organized to transact the same business, may, in its bylaws or policies, limit the liability of its members for future assessments, but such limitation shall not be less than the amount of one assessment equal to the regular assessment specified in the policy. All assessments shall be made by the board of directors unless otherwise provided in the articles of association or the bylaws.
Source
Laws 1913, c. 154, § 125, p. 463;
R.S.1913, § 3262;
Laws 1919, c. 190, tit. V, art. X, § 2, p. 644;
C.S.1922, § 7861;
C.S.1929, § 44-902;
Laws 1935, c. 95, § 1, p. 318;
C.S.Supp.,1941, § 44-902;
R.S.1943, § 44-803.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-804 - Assessments; when authorized.

44-804.
Assessments; when authorized.
No assessment shall be made on a member for liability occurring prior to his membership. A member may be excluded from all benefits during the time he is in default of payment of any assessment.
Source
Laws 1913, c. 154, § 126, p. 463;
R.S.1913, § 3263;
Laws 1919, c. 190, tit. V, art. X, § 3, p. 644;
C.S.1922, § 7862;
C.S.1929, § 44-903;
R.S.1943, § 44-804.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-805 - Membership; withdrawal.

44-805.
Membership; withdrawal.
Any member may withdraw by surrendering his or her policy for cancellation at any time by giving notice in writing to the secretary of the association and paying the amount of his or her share of all claims then existing against the company in accordance with the bylaws of the company.
Source
Laws 1913, c. 154, § 127, p. 463;
R.S.1913, § 3264;
Laws 1919, c. 190, tit. V, art. X, § 4, p. 645;
C.S.1922, § 7863;
C.S.1929, § 44-904;
R.S.1943, § 44-805;
Laws 1989, LB 92, § 163.
Annotations
Under facts herein, insurance company was not an assessment association. Western Life & Accident Co. v. State Ins. Board, 101 Neb. 152, 162 N.W. 530 (1917).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-806 - Losses; notice; adjustment.

44-806.
Losses; notice; adjustment.
Every member of such association who may sustain loss or damage shall, as soon as practicable thereafter, notify the secretary thereof, stating the amount of damage or loss claimed. The person or persons authorized by such company to adjust losses shall proceed to ascertain the amount of such loss or damage, and adjust the same.
Source
Laws 1913, c. 154, § 128, p. 464;
R.S.1913, § 3265;
Laws 1919, c. 190, tit. V, art. X, § 5, p. 645;
C.S.1922, § 7864;
C.S.1929, § 44-905;
R.S.1943, § 44-806.
Annotations
Statutory provisions authorizing organization of assessment hail insurance company, articles of incorporation and by-laws of company, application for membership and policy issued thereon or the application if it is in fact a policy, constitute the contract. Schnell v. United Hail Ins. Co., 145 Neb. 768, 18 N.W.2d 112 (1945).
Conversation with insurance company's employee three years after loss was not proper notice. Clark v. State Farmers Ins. Co., 142 Neb. 483, 7 N.W.2d 71 (1942).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-807 - Assessments and losses; actions to recover.

44-807.
Assessments and losses; actions to recover.
Suits at law may be brought against any member who shall neglect or refuse to pay any assessment made against him, in the same manner as for the collection of any other debt; and a member may bring an action against the company for any loss sustained.
Source
Laws 1913, c. 154, § 129, p. 464;
R.S.1913, § 3266;
Laws 1919, c. 190, tit. V, art. X, § 6, p. 645;
C.S.1922, § 7865;
C.S.1929, § 44-906;
R.S.1943, § 44-807.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-808 - Losses; officers; liability.

44-808.
Losses; officers; liability.
If the officers and directors of an assessment association fail or refuse, after receiving notice of a loss, to act upon the notice of loss, they shall render themselves individually liable therefor, and an action may be maintained against them to collect such amount.
Source
Laws 1913, c. 154, § 130, p. 464;
R.S.1913, § 3267;
Laws 1919, c. 190, tit. V, art. X, § 7, p. 645;
C.S.1922, § 7866;
C.S.1929, § 44-907;
R.S.1943, § 44-808;
Laws 1989, LB 92, § 164.
Annotations
Officers and directors have such direct interest in result of suit against company for compensation for employee's death as to disqualify them as witnesses as to transactions between them and deceased against latter's legal representative. Priest v. Business Men's Protective Assn., 117 Neb. 198, 220 N.W. 255 (1928).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-809 - Membership fees; amount; purpose.

44-809.
Membership fees; amount; purpose.
Every such association may collect, at the time of the issuing of a policy, a membership fee not exceeding five dollars, and, if insuring property, a percentage of the amount insured not exceeding two and one-half percent, as an advance assessment, as the bylaws may provide. From the amount so collected, a contingency fund may be created, and such fund may be maintained and added to from any other funds collected by the company in the manner provided in the bylaws.
Source
Laws 1913, c. 154, § 131, p. 464;
R.S.1913, § 3268;
Laws 1919, c. 190, tit. V, art. X, § 8, p. 645;
C.S.1922, § 7867;
C.S.1929, § 44-908;
Laws 1931, c. 88, § 1, p. 249;
C.S.Supp.,1941, § 44-908;
R.S.1943, § 44-809.
Annotations
Under facts herein, insurance company is not an assessment association. Western Life & Accident Co. v. State Ins. Board, 101 Neb. 152, 162 N.W. 530 (1917).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-810 - Claims; payment; power to borrow.

44-810.
Claims; payment; power to borrow.
Whenever the cash on hand, not including the contingency fund, shall be insufficient to pay all claims, then such deficiency may be taken from the contingency fund. If this fund is insufficient to meet all claims, then the company may borrow money for such purposes. Any diminution of the contingency fund shall be a liability to be provided for by the next assessment.
Source
Laws 1913, c. 154, § 132, p. 464;
R.S.1913, § 3269;
Laws 1919, c. 190, tit. V, art. X, § 9, p. 645;
C.S.1922, § 7868;
C.S.1929, § 44-909;
R.S.1943, § 44-810.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-811 - Losses; arbitration of claims; copy of award furnished.

44-811.
Losses; arbitration of claims; copy of award furnished.
Any such association may provide in its bylaws for arbitrating any claim for loss or damage, where a member and the association fail to agree thereon. A copy of any adjustment or arbitration award on any claim for loss or damage shall be furnished the policyholder by the adjuster immediately when signed by the loss claimant.
Source
Laws 1913, c. 154, § 133, p. 465;
R.S.1913, § 3270;
Laws 1919, c. 190, tit. V, art. X, § 10, p. 646;
C.S.1922, § 7869;
C.S.1929, § 44-910;
R.S.1943, § 44-811;
Laws 1947, c. 166, § 1, p. 474.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-812 - Policies; maximum coverage; exceptions.

44-812.
Policies; maximum coverage; exceptions.
No certificate or policy of an assessment association, insuring property, shall cover a longer period than five years from its date, unless such assessment association shall provide in its bylaws for readjustment or reappraisement of such property insured at least once in five years.
Source
Laws 1913, c. 154, § 134, p. 465;
R.S.1913, § 3271;
Laws 1919, c. 190, tit. V, art. X, § 11, p. 646;
C.S.1922, § 7870;
C.S.1929, § 44-911;
R.S.1943, § 44-812.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-821 - Domestic health and accident associations; deposit required.

44-821.
Domestic health and accident associations; deposit required.
No domestic assessment association organized after August 24, 1941, shall be authorized to transact the business of health or accident insurance until it has deposited with the Department of Insurance the sum of ten thousand dollars in cash or securities as described in subdivision (4) of section 44-319.01.
Source
Laws 1941, c. 89, § 1, p. 342;
C.S.Supp.,1941, § 44-807;
R.S.1943, § 44-821;
Laws 1957, c. 189, § 4, p. 663;
Laws 1959, c. 211, § 1, p. 731;
Laws 1991, LB 237, § 63.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-822 - Domestic health and accident associations; deposit; use; restoration.

44-822.
Domestic health and accident associations; deposit; use; restoration.
The deposit required in section 44-821 shall be used only for the payment of indemnities provided in policies issued by the depositor, and only upon a showing of necessity therefor made to the Department of Insurance, and after the approval thereof by the department. Such deposit shall be restored within such time and under such conditions as the department may direct by order.
Source
Laws 1941, c. 89, § 2, p. 342;
C.S.Supp.,1941, § 44-808;
R.S.1943, § 44-822.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-823 - Domestic health and accident associations; reserves; creation.

44-823.
Domestic health and accident associations; reserves; creation.
Nothing in sections 44-821 to 44-825, or in any law enacted before August 24, 1941, shall be construed to place any limitation upon the right of any assessment association to create reserves for expenses, unearned premiums or claims, or to create a surplus or contingency fund in such amount as may in the opinion of its board of directors be deemed prudent for the future protection of its policyholders.
Source
Laws 1941, c. 89, § 3, p. 342;
C.S.Supp.,1941, § 44-809;
R.S.1943, § 44-823.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-825 - Foreign health and accident associations; deposit in state of domicile.

44-825.
Foreign health and accident associations; deposit in state of domicile.
After August 24, 1941, no foreign assessment association shall be authorized to transact the business of accident or health insurance in this state unless it shall have assets on deposit with the insurance department of the state of its domicile in an amount at least equal to the requirements herein made applicable to like domestic associations.
Source
Laws 1941, c. 89, § 6, p. 343;
C.S.Supp.,1941, § 44-812;
R.S.1943, § 44-825.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-826 - Financial plans with other insurers to pool losses; conditions.

44-826.
Financial plans with other insurers to pool losses; conditions.
Any assessment association insuring property against fire, windstorm, cyclone, tornado, or other hazard which may be catastrophic, may participate with other insurers in financial plans or pools to protect the participants against excessive losses due to such catastrophes. For such purposes association funds may be deposited with or promised to trustees for the participants and loaned by such trustees to participants sustaining such excessive losses with provision for repayment over a reasonable period of years;
Provided,
that not more than twenty cents for each hundred dollars of insurance in force may be deposited or committed under such plan;
and provided further,
that participation in such plan must be approved by the Director of Insurance.
Source
Laws 1951, c. 134, § 1, p. 557.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-902 - Act; applicability.

44-902.
Act; applicability.
(1) The Privacy of Insurance Consumer Information Act governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the Department of Insurance. The act:
(a) Requires a licensee to provide notice to individuals about its privacy policies and practices;
(b) Describes the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and
(c) Provides methods for individuals to prevent a licensee from disclosing that information.
(2) The act applies to:
(a) Nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family, or household purposes from licensees. The act does not apply to information about companies or about individuals who obtain products or services for business, commercial, or agricultural purposes; and
(b) All nonpublic personal health information.
(3) A licensee domiciled in this state that is in compliance with the act in a state that has not enacted laws or regulations that meet the requirements of Title V of the Gramm-Leach-Bliley Act, as the federal law existed on April 5, 2001, may nonetheless be deemed to be in compliance with Title V of the Gramm-Leach-Bliley Act, as such federal law existed on April 5, 2001, in such other state.
Source
Laws 2001, LB 52, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-905 - Annual privacy notice to consumers; when required.

44-905.
Annual privacy notice to consumers; when required.
(1) A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. For purposes of this subsection, annually means at least once in any period of twelve consecutive months during which that relationship exists. A licensee may define the twelve-consecutive-month period, but the licensee shall apply it to the customer on a consistent basis.
(2) A licensee is not required to provide an annual notice under subsection (1) of this section if the licensee:
(a) Provides nonpublic personal information to nonaffiliated third parties only in accordance with sections 44-913 to 44-915; and
(b) Has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with section 44-904 or subsection (1) of this section.
(3)(a) A licensee is not required to provide an annual notice to a former customer.
(b) For purposes of this subsection, a former customer is an individual with whom a licensee no longer has a continuing relationship. A former customer includes:
(i) An individual who is no longer a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee;
(ii) An individual whose policy is lapsed, expired, or otherwise inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of twelve consecutive months, other than to provide annual privacy notices, material required by law or regulation, or promotional materials;
(iii) An individual whose last-known address according to the licensee's records is deemed invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful; and
(iv) In the case of providing real estate settlement services, the customer has completed execution of all documents related to the real estate closing, payment for those services has been received, or the licensee has completed all of its responsibilities with respect to the settlement, including filing documents on the public record, whichever is later.
(4) When a licensee is required by this section to deliver an annual privacy notice, the licensee shall deliver it according to section 44-909.
Source
Laws 2001, LB 52, § 5;
Laws 2017, LB241, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-908 - Revised privacy notice; when required.

44-908.
Revised privacy notice; when required.
(1) Except as otherwise authorized in the Privacy of Insurance Consumer Information Act, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under section 44-904 unless:
(a) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;
(b) The licensee has provided to the consumer a new opt out notice;
(c) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
(d) The consumer does not opt out.
(2) When a licensee is required to deliver a revised privacy notice by this section, the licensee shall deliver it according to section 44-909.
Source
Laws 2001, LB 52, § 8.