reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2099 - Civil penalties; type and amount; criteria.

71-2099.
Civil penalties; type and amount; criteria.
The department shall adopt criteria for determining the type and amount of the civil penalty assessed under section 71-2098. Such criteria shall include, but need not be limited to, consideration of the following factors:
(1) The period of time over which the violation occurred;
(2) The frequency of the violation;
(3) The nursing facility's history concerning the type of violation for which the civil penalty is assessed;
(4) The nursing facility's intent or reason for the violation;
(5) The effect, if any, of the violation on the health, safety, security, or welfare of the residents;
(6) The existence of other violations, in combination with the violation for which the civil penalty is assessed, which increase the threat to the health, safety, security, rights, or welfare of the residents;
(7) The accuracy, thoroughness, and availability of records regarding the violation, which the nursing facility is required to maintain; and
(8) The number of additional related violations occurring within the same time span as the violation in question.
Source
Laws 1996, LB 1155, § 74;
Laws 1997, LB 307, § 182;
Laws 2007, LB296, § 525.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,100 - Nursing Facility Penalty Cash Fund; created; use; investment.

71-20,100.
Nursing Facility Penalty Cash Fund; created; use; investment.
(1) The Nursing Facility Penalty Cash Fund is created. Any civil money penalty collected by the department as part of any civil penalty imposed pursuant to section 71-2098 or in accordance with the federal Social Security Act, as amended, and imposed by the Centers for Medicare and Medicaid Services pursuant to 42 C.F.R. 488.431 and disbursed to the department in accordance with 42 C.F.R. 488.433 or imposed by the department pursuant to 42 C.F.R. 488.432 shall be remitted to the State Treasurer for credit to such fund. The state investment officer shall invest any money in the fund available for investment pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) The department shall adopt and promulgate rules and regulations which establish circumstances under which the department may distribute funds from the Nursing Facility Penalty Cash Fund. Funds collected as part of a civil money penalty imposed by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services as described in subsection (1) of this section shall be distributed in accordance with the federal Social Security Act, as amended, and the federal regulations for participation in the medicaid program, to support activities that benefit nursing home residents as provided in 42 C.F.R. 488.433.
Source
Laws 1996, LB 1155, § 75;
Laws 1997, LB 307, § 183;
Laws 2007, LB296, § 526;
Laws 2019, LB22, § 3.
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 › 71-20,101 - Rules and regulations.

71-20,101.
Rules and regulations.
The department shall adopt and promulgate rules and regulations to carry out sections 71-2097 to 71-20,101, including rules and regulations for notice and appeal procedures.
Source
Laws 1996, LB 1155, § 76;
Laws 1997, LB 307, § 184;
Laws 2007, LB296, § 527.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,103 - Terms, defined.

71-20,103.
Terms, defined.
For purposes of the Nonprofit Hospital Sale Act:
(1) Department means the Department of Health and Human Services;
(2) Hospital has the meaning found in section 71-419;
(3) Acquisition means any acquisition by a person or persons of an ownership or controlling interest in a hospital, whether by purchase, merger, lease, gift, or otherwise, which results in a change of ownership or control of twenty percent or greater or which results in the acquiring person or persons holding a fifty percent or greater interest in the ownership or control of a hospital, but acquisition does not include the acquisition of an ownership or controlling interest in a hospital owned by a nonprofit corporation if the transferee (a) is a nonprofit corporation having a substantially similar charitable health care purpose as the transferor or is a governmental entity, (b) is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or as a governmental entity, and (c) will maintain representation from the affected community on the local board; and
(4) Person has the meaning found in section 71-5803.12.
Source
Laws 1996, LB 1188, § 2;
Laws 1997, LB 307, § 185;
Laws 1997, LB 798, § 1;
Laws 2000, LB 819, § 104;
Laws 2007, LB296, § 528.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,104 - Acquisition of hospital; approval required; exception; notice; application; procedure.

71-20,104.
Acquisition of hospital; approval required; exception; notice; application; procedure.
(1) No person shall engage in the acquisition of a hospital owned by a nonprofit corporation without first having applied for and received the approval of the department and without first having notified the Attorney General and, if applicable, received approval from the Attorney General pursuant to the Nonprofit Hospital Sale Act. No person shall engage in the acquisition of a hospital not owned by a nonprofit corporation without first having applied for and received the approval of the department pursuant to the act unless such acquiring person is a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or is a governmental entity. For purposes of the act, approval of the department and the Attorney General shall not be required for the acquisition of a hospital not owned by a nonprofit corporation as follows: (a) The lease or sale of a county hospital approved under subdivision (3) of section 23-3504; or (b) the dissolution of a hospital district approved under sections 23-3544 to 23-3546 or the merger of hospital districts approved under sections 23-3573 to 23-3578.
(2) Any person not required to obtain the approval of the department under the Nonprofit Hospital Sale Act shall give the Attorney General at least thirty days' notice of an impending acquisition, during which time the Attorney General may take any necessary and appropriate action consistent with his or her general duties of oversight with regard to the conduct of charities. The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets.
(3) The application shall be submitted to the department and the Attorney General on forms provided by the department and shall include the name of the seller, the name of the purchaser or other parties to an acquisition, the terms of the proposed agreement, the sale price, a copy of the acquisition agreement, a financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in section 71-20,108, and all other related documents. A copy of the application and copies of all additional related materials shall be submitted to the department and to the Attorney General at the same time. The applications and all related documents shall be considered public records for purposes of sections 84-712 to 84-712.09.
Source
Laws 1996, LB 1188, § 3;
Laws 2012, LB995, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,105 - Application; department; Attorney General; duties; single unified review process; when.

71-20,105.
Application; department; Attorney General; duties; single unified review process; when.
(1) Within five working days after receipt of an application under section 71-20,104, the department shall publish notice of the application in a newspaper of general circulation in the county or counties where the hospital is located and shall notify by first-class United States mail any person who has requested notice of the filing of such applications. The notice shall state that an application has been received, state the names of the parties to the agreement, describe the contents of the application, and state the date by which a person may submit written comments about the application to the department.
(2) Within sixty days after receiving an application, the department shall review the application in accordance with the standards set forth in the Nonprofit Hospital Sale Act and approve or disapprove the acquisition pursuant to the act.
Within twenty days after receiving an application, the Attorney General shall determine whether to review the application in accordance with section 71-20,108 and shall so notify the applicant. If the Attorney General determines to review the application in accordance with the act, the Attorney General shall, within sixty days after receiving the application, review the application in accordance with the standards set forth in section 71-20,108 and approve or disapprove the acquisition. If the Attorney General determines not to review the application in accordance with the act, then none of the other provisions of the act applicable to review by the Attorney General shall apply.
(3) For acquisitions which require approval from the department under the Nonprofit Hospital Sale Act and a certificate of need under the Nebraska Health Care Certificate of Need Act, the applicant shall submit a single application for both purposes and such application shall be reviewed under a single unified review process by the department. Following the single unified review process, the department shall simultaneously issue (a) its decision for purposes of the Nebraska Health Care Certificate of Need Act and (b) its decision for purposes of the Nonprofit Hospital Sale Act.
Source
Laws 1996, LB 1188, § 4.
Cross References
Nebraska Health Care Certificate of Need Act, see section 71-5801.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,106 - Review of acquisition; hearing; department or Attorney General; powers.

71-20,106.
Review of acquisition; hearing; department or Attorney General; powers.
The department, and the Attorney General if he or she determines to review the acquisition, shall during the course of review under section 71-20,105 or 71-20,107 hold a public hearing in which any person may file written comments and exhibits or appear and make a statement. The department or the Attorney General may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for purposes of the hearing and at any time prior to making a decision on the application.
The hearing shall be held not later than thirty days after receipt of an application. The hearing shall be held upon ten working days' notice, not including days the application is deemed to be incomplete.
Source
Laws 1996, LB 1188, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,107 - Review of application; Attorney General; department; duties; action for declaratory judgment; authorized; contest of denial.

71-20,107.
Review of application; Attorney General; department; duties; action for declaratory judgment; authorized; contest of denial.
(1) If the Attorney General determines to review the application, he or she shall review the application in accordance with the standards enumerated in section 71-20,108. Within sixty days after receipt of an application, the Attorney General shall approve or disapprove the acquisition.
If the Attorney General does not act within sixty days after receipt of an application, the application shall be deemed approved. If the Attorney General approves or disapproves the acquisition, the applicant, or any person who has submitted comments under section 71-20,106, if the person has a legal interest in the hospital being acquired or in another hospital that has contracted with the acquired hospital for the provision of essential health services, may bring an action for declaratory judgment under the Uniform Declaratory Judgments Act for a determination that the acquisition is or is not in the public interest as provided in section 71-20,108.
(2) The department shall review the completed application in accordance with the standards enumerated in section 71-20,109. Within sixty days after receipt of a completed application, the department shall:
(a) Approve the acquisition, with or without any specific modifications; or
(b) Disapprove the acquisition.
The department shall not make its decision subject to any condition not directly related to criteria enumerated in section 71-20,109, and any condition or modification shall bear a direct and rational relationship to the application under review.
The applicant or any affected person may contest a denial in the manner provided in the Administrative Procedure Act for contested cases. The findings, conclusions, and decisions of the department shall constitute the determination of the department, except that the applicant, or any affected person who has intervened in the contested case before the department, may seek judicial review as provided in sections 84-917 to 84-919.
Source
Laws 1996, LB 1188, § 6;
Laws 1997, LB 798, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
Uniform Declaratory Judgments Act, see section 25-21,164.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,108 - Review of application; Attorney General; considerations.

71-20,108.
Review of application; Attorney General; considerations.
If the Attorney General determines to review the application, he or she shall approve the application unless he or she finds that the acquisition is not in the public interest. An acquisition is not in the public interest unless appropriate steps have been taken to safeguard the value of charitable assets and ensure that any proceeds of the transaction are used for appropriate charitable health care purposes as provided in subdivision (8) of this section. In determining whether the acquisition meets such criteria under the Nonprofit Hospital Sale Act, the Attorney General shall consider:
(1) Whether the acquisition is permitted under the Nebraska Nonprofit Corporation Act and other laws of Nebraska governing nonprofit entities, trusts, or charities;
(2) Whether the nonprofit hospital exercised due diligence in deciding to sell, selecting the purchaser, and negotiating the terms and conditions of the sale;
(3) The procedures used by the seller in making its decision, including whether appropriate expert assistance was used;
(4) Whether conflict of interest was disclosed, including, but not limited to, conflicts of interest related to board members of, executives of, and experts retained by the seller, purchaser, or parties to the acquisition;
(5) Whether the seller will receive reasonably fair value for its assets. The Attorney General may employ, at the seller's expense, reasonably necessary expert assistance in making this determination;
(6) Whether charitable funds are placed at unreasonable risk, if the acquisition is financed in part by the seller;
(7) Whether any management contract under the acquisition is for reasonably fair value;
(8) Whether the sale proceeds will be used for appropriate charitable health care purposes consistent with the seller's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition; and
(9) Whether a right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation if the hospital is subsequently sold to, acquired by, or merged with another entity has been retained.
Source
Laws 1996, LB 1188, § 7.
Cross References
Nebraska Nonprofit Corporation Act, see section 21-1901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,109 - Review of application; department; considerations.

71-20,109.
Review of application; department; considerations.
In making a decision whether to approve or disapprove an application, the department shall consider:
(1) Whether sufficient safeguards are included to assure the affected community continued access to affordable care;
(2) Whether the purchaser and parties to the acquisition have made a commitment to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care. Activities and funding provided by the seller or its successor nonprofit corporation or foundation to provide such health care may be considered in evaluating compliance with this commitment; and
(3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser, whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of such procedures or safeguards.
This section does not apply higher standards to hospitals covered by the Nonprofit Hospital Sale Act than those applicable to hospitals not covered by the act.
Source
Laws 1996, LB 1188, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,110 - Noncompliance with commitment to affected community; revocation of license; when.

71-20,110.
Noncompliance with commitment to affected community; revocation of license; when.
If the department receives information indicating that the acquiring person is not fulfilling the commitment to the affected community under section 71-20,109, the department shall hold a hearing upon ten days' notice to the affected parties. If after such hearing the department determines that the information is true, it may institute proceedings to revoke the license issued to the purchaser.
Source
Laws 1996, LB 1188, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,112 - Licensure; issuance, renewal, revocation, or suspension; when; section, how construed.

71-20,112.
Licensure; issuance, renewal, revocation, or suspension; when; section, how construed.
No license to operate a hospital may be issued or renewed by the department pursuant to the Health Care Facility Licensure Act or any other state statute, and a license which has been issued shall be subject to revocation or suspension, if:
(1) There is an acquisition of a hospital without first having received the approval of the department under the Nonprofit Hospital Sale Act;
(2) There is an acquisition of a hospital without the approval of the Attorney General, if the Attorney General determines to review the application under the act;
(3) There is an acquisition of a hospital and the Attorney General disapproves the acquisition and there is a judicial determination under the Uniform Declaratory Judgments Act that the acquisition is not in the public interest; or
(4) The hospital is not fulfilling its commitment under section 71-20,109 or is not following procedures of safeguards committed to under subdivision (3) of such section.
This section does not limit the right to a hearing under section 71-454 or the right of appeal for a hospital from such decision as provided in section 71-455.
Source
Laws 1996, LB 1188, § 11;
Laws 2000, LB 819, § 105.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Declaratory Judgments Act, see section 25-21,164.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,113 - Applicability of act.

71-20,113.
Applicability of act.
Any acquisition of a hospital before April 16, 1996, and any acquisition in which an application for a certificate of need under the Nebraska Health Care Certificate of Need Act has been granted by the Department of Health and Human Services Regulation and Licensure before April 16, 1996, is not subject to the Nonprofit Hospital Sale Act.
Source
Laws 1996, LB 1188, § 12;
Laws 2007, LB296, § 529.
Cross References
Nebraska Health Care Certificate of Need Act, see section 71-5801.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,114 - Authority of Attorney General; act; how construed.

71-20,114.
Authority of Attorney General; act; how construed.
No provision of the Nonprofit Hospital Sale Act shall derogate from the common-law or statutory authority of the Attorney General.
Source
Laws 1996, LB 1188, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,120 - Visitation privileges; designation by patient.

71-20,120.
Visitation privileges; designation by patient.
A hospital patient who is nineteen years of age or older or an emancipated minor may designate at any time, orally or in writing, up to five individuals not legally related by marriage or blood to the patient whom the patient wishes to be given the same visitation privileges as an immediate family member of such patient. An individual so designated shall have the same visitation privileges as an immediate family member of such patient. The patient may rescind the designation or designations at any time, orally or in writing. Any designation or rescission made under this section shall be noted on the patient's medical records at such hospital. For purposes of this section, medical records means the hospital's record of a patient's health history and treatment rendered.
Source
Laws 2002, LB 1062, § 51.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,121 - Disposition of remains of child born dead; hospital; duties.

71-20,121.
Disposition of remains of child born dead; hospital; duties.
(1) Every hospital licensed under the Health Care Facility Licensure Act shall maintain a written policy for the disposition of the remains of a child born dead at such hospital. A parent of such child shall have the right to direct the disposition of such remains, except that disposition may be made by the hospital if no such direction is given by a parent within fourteen days following the delivery of such remains. Such policy and such disposition shall comply with all applicable provisions of state and federal law. Upon the delivery of a child born dead, the hospital shall notify at least one parent of such parents' right to direct the disposition of the remains of such child and shall provide at least one parent with a copy of its policy with respect to such disposition.
(2) For purposes of this section, child born dead means a child at any stage of gestation (a) who has died in utero, (b) whose remains have been removed from the uterus of the mother, for whom pregnancy has been confirmed prior to such removal, and (c) whose remains are identified with the naked eye at the time of such removal by the attending physician or upon subsequent pathological examination if requested by a parent. This section shall not apply to the performance of an elective abortion.
(3) Except as otherwise provided by law, nothing in this section shall be interpreted to prohibit any hospital from providing additional notification and assistance to the parent of a child born dead at such hospital relating to the disposition of the remains of such child, even if such remains cannot be identified with the naked eye at the time of delivery or upon subsequent pathological examination.
Source
Laws 2003, LB 95, § 38.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-20,122 - Off-campus location; claims; use National Provider Identifier.

71-20,122.
Off-campus location; claims; use National Provider Identifier.
(1) For purposes of this section:
(a) National Provider Identifier means the standard, unique health identifier number for a health care provider that is issued by the National Provider System in accordance with 45 C.F.R. part 162, as such regulations existed on January 1, 2023; and
(b) Off-campus location means a facility:
(i) With operations that are directly or indirectly owned or controlled by, in whole or in part, a hospital, or that is affiliated with a hospital, regardless of whether such off-campus location is operated by the same governing body as the hospital;
(ii) That is located in its entirety, including all real estate, structures, and permanent fixtures, more than one mile from the main campus of the hospital as measured from the closest real estate, structure, or permanent fixture of the main campus;
(iii) That provides services which are organizationally and functionally integrated with the hospital; and
(iv) That is an outpatient facility providing ambulatory surgery, urgent care, or emergency room services.
(2) An off-campus location of a hospital shall obtain a National Provider Identifier that is distinct from the National Provider Identifier used by the main campus of the affiliated hospital and any other off-campus location of such hospital and shall use such identifier on all claims for reimbursement or payment for health care services provided at such location.
Source
Laws 2023, LB296, § 12.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2101 - Sudden infant death syndrome; legislative findings.

71-2101.
Sudden infant death syndrome; legislative findings.
The Legislature finds that sudden infant death syndrome is the sudden, unexpected death of an apparently healthy infant less than one year of age that remains unexplained after the performance of a complete postmortem investigation, including an autopsy, an examination of the scene of death, and a review of the medical history. The Legislature further finds that, despite the success of prevention efforts, sudden infant death syndrome has been the second leading cause of death for infants in Nebraska for the last twenty years. Although there are no known ways to prevent sudden infant death syndrome in all cases, there are steps that parents and caregivers can take to reduce the risk of sudden infant death. The Legislature further finds and declares that there is a present and growing need to provide additional programs aimed at reducing the number of cases of sudden infant death syndrome in Nebraska.
Source
Laws 2006, LB 994, § 147.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2102 - Abusive head trauma; legislative findings.

71-2102.
Abusive head trauma; legislative findings.
The Legislature finds that abusive head trauma may occur when an infant or child is violently shaken as part of a pattern of abuse or because an adult has momentarily succumbed to the frustration of responding to a crying infant or child. The Legislature further finds that the injuries sustained by the infant or child can include brain swelling and damage, subdural hemorrhage, intellectual disability, or death. The Legislature further finds and declares that there is a present and growing need to provide programs aimed at reducing the number of cases of abusive head trauma in infants and children in Nebraska.
Source
Laws 2006, LB 994, § 148;
Laws 2013, LB23, § 33;
Laws 2019, LB60, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2103 - Information for parents of newborn child; requirements.

71-2103.
Information for parents of newborn child; requirements.
Every hospital, birth center, or other medical facility that discharges a newborn child shall request that each maternity patient and father of a newborn child, if available, view a video presentation and read printed materials, approved by the Department of Health and Human Services, on the dangers of shaking infants and children, the symptoms of abusive head trauma in infants and children, the dangers associated with rough handling or the striking of an infant, safety measures which can be taken to prevent sudden infant death and abusive head trauma in infants and children, including crying plans, and the dangers associated with infants sleeping on the same surface with other children or adults. After viewing the presentation and reading the materials or upon a refusal to do so, the hospital, birth center, or other medical facility shall request that the mother and father, if available, sign a form stating that he or she has viewed and read or refused to view and read the presentation and materials. Such presentation, materials, and forms may be provided by the department.
Source
Laws 2006, LB 994, § 149;
Laws 2019, LB60, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2104 - Public awareness activities; duties.

71-2104.
Public awareness activities; duties.
The Department of Health and Human Services shall conduct public awareness activities designed to promote the prevention of sudden infant death syndrome and abusive head trauma in infants and children. The public awareness activities may include, but not be limited to, public service announcements, information kits and brochures, and the promotion of preventive telephone hotlines.
Source
Laws 2006, LB 994, § 150;
Laws 2019, LB60, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2201 - Maternal and Child Health and Public Health Work Fund; created; investment.

71-2201.
Maternal and Child Health and Public Health Work Fund; created; investment.
There is created a Maternal and Child Health and Public Health Work Fund in the treasury of the State of Nebraska, to be administered by the Department of Health and Human Services for maternal and child health and for public health work, as provided by law. 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 1935, Spec. Sess., c. 29, § 1, p. 178;
C.S.Supp.,1941, § 81-5718;
R.S.1943, § 81-609;
Laws 1969, c. 584, § 72, p. 2388;
Laws 1995, LB 7, § 76;
Laws 1996, LB 1044, § 613;
Laws 2007, LB296, § 530.
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 › 71-2202 - Maternal and Child Health and Public Health Work Fund; administration.

71-2202.
Maternal and Child Health and Public Health Work Fund; administration.
The Department of Health and Human Services shall administer the fund for maternal and child health and public health services throughout the State of Nebraska. Seventy-five percent of the fund shall be used for maternal and child health activities in this state, and twenty-five percent shall be used for public health work, if such amounts are needed therefor.
Source
Laws 1935, Spec. Sess., c. 29, § 2, p. 178;
C.S.Supp.,1941, § 81-5719;
R.S.1943, § 81-610;
Laws 1996, LB 1044, § 614;
Laws 2007, LB296, § 531.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2203 - Maternal and Child Health and Public Health Work Fund; disbursements; how made.

71-2203.
Maternal and Child Health and Public Health Work Fund; disbursements; how made.
Disbursements from the fund referred to in section 71-2201 shall be made upon vouchers signed by an authorized representative of the Department of Health and Human Services and warrants approved by the Director of Administrative Services.
Source
Laws 1935, Spec. Sess., c. 29, § 4, p. 178;
C.S.Supp.,1941, § 81-5721;
R.S.1943, § 81-611;
Laws 1996, LB 1044, § 615;
Laws 2007, LB296, § 532.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2204 - Maternal and Child Health and Public Health Work Fund; federal aid; acceptance.

71-2204.
Maternal and Child Health and Public Health Work Fund; federal aid; acceptance.
The fund created by section 71-2201 may be augmented by grants from the United States and by such additional appropriations as may be made by law.
Source
Laws 1935, Spec. Sess., c. 29, § 5, p. 178;
C.S.Supp.,1941, § 81-5722;
R.S.1943, § 81-612.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2205 - Construction of sections.

71-2205.
Construction of sections.
Sections 71-2205 to 71-2208 shall be construed to be new, independent and supplemental legislation with reference to the subjects of maternal and child welfare.
Source
Laws 1935, Spec. Sess., c. 31, § 1, p. 190;
C.S.Supp.,1941, § 81-5723;
R.S.1943, § 81-613.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2207 - Maternal and child health funds; how used.

71-2207.
Maternal and child health funds; how used.
The funds allocated for maternal and child health in this state shall be used and distributed subject to the supervision of the Department of Health and Human Services: (1) For promoting the health of mothers and children, especially in rural areas, suffering from some economic distress; (2) for the establishment, extension, and improvement of local maternal and child health services to be administered by local child health units; and (3) for demonstration services in needy areas and among groups in special need. The department shall also cooperate with licensed physicians and surgeons and with nursing and welfare groups and organizations for the purposes herein expressed.
Source
Laws 1935, Spec. Sess., c. 31, § 3, p. 190;
C.S.Supp.,1941, § 81-5725;
R.S.1943, § 81-615;
Laws 1996, LB 1044, § 617;
Laws 2007, LB296, § 533.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2208 - Maternal and child health; reports by Department of Health and Human Services; to whom made.

71-2208.
Maternal and child health; reports by Department of Health and Human Services; to whom made.
The Department of Health and Human Services shall make quarterly or more frequent reports of the administration of sections 71-2205 to 71-2208, and all expenditures thereunder, to the Chief of the Children's Bureau of the United States Department of Labor, and shall comply with requests for information from the Secretary of Labor of the United States or his or her agencies, if federal funds are granted to this state for the purposes mentioned in such sections.
Source
Laws 1935, Spec. Sess., c. 31, § 4, p. 190;
C.S.Supp.,1941, § 81-5726;
R.S.1943, § 81-616;
Laws 1967, c. 437, § 2, p. 1344;
Laws 1996, LB 1044, § 618;
Laws 2007, LB296, § 534.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2225 - Terms, defined.

71-2225.
Terms, defined.
For purposes of sections 71-2225 to 71-2230:
(1) CSF program shall mean the Commodity Supplemental Food Program administered by the United States Department of Agriculture or its successor;
(2) Food instrument shall mean a voucher, check, coupon, or other document used to obtain supplemental foods;
(3) Supplemental foods shall mean (a) foods containing nutrients determined to be beneficial for infants, children, and pregnant, breast-feeding, or postpartum women as prescribed by the United States Department of Agriculture for use in the WIC program and (b) foods donated by the United States Department of Agriculture for use in the CSF program; and
(4) WIC program shall mean the Special Supplemental Nutrition Program for Women, Infants, and Children as administered by the United States Department of Agriculture or its successor.
Source
Laws 1987, LB 643, § 17;
Laws 1989, LB 344, § 21;
Laws 2006, LB 994, § 102.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2226 - State CSF program; authorized; department; powers.

71-2226.
State CSF program; authorized; department; powers.
The Department of Health and Human Services is authorized to have a state CSF program to protect the health and welfare of the citizens of Nebraska by providing nutritious foods donated for such program by the United States Department of Agriculture, nutrition education, and such other benefits as are available to women, infants, children, and elderly persons in Nebraska who are low income and vulnerable to malnutrition as long as federal funds are available from the CSF program and are granted to the department.
To the extent consistent with state law, the Department of Health and Human Services may establish, operate, and maintain the program in a way that will qualify it to receive federal funds and that is uniform with United States Department of Agriculture's standards, enter into agreements with the federal government to establish a CSF program, adopt and promulgate rules and regulations to implement a CSF program which are consistent with federal regulations and such other rules and regulations as may be necessary to implement the CSF program, and enter into such other agreements as may be necessary to implement the program within this state.
Source
Laws 1987, LB 643, § 18;
Laws 1989, LB 344, § 22;
Laws 1996, LB 1044, § 619.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2227 - State WIC program; authorized; department; powers.

71-2227.
State WIC program; authorized; department; powers.
The Department of Health and Human Services is authorized to have a state WIC program to protect the health and welfare of citizens of Nebraska by providing nutritional supplemental foods and nutrition education to women, infants, and children who are low income and determined to be at nutritional risk as long as federal funds are available from the WIC program and are granted to the department.
To the extent consistent with state law, the department may establish, operate, and maintain the program in a way that will qualify it to receive federal funds and that is uniform with United States Department of Agriculture's standards, enter into agreements with the federal government to establish a WIC program, adopt and promulgate rules and regulations to implement a WIC program which are consistent with federal regulations and such other rules and regulations as may be necessary to implement the WIC program, and enter into such other agreements as may be necessary to implement the program within this state.
Source
Laws 1987, LB 643, § 19;
Laws 1989, LB 344, § 23;
Laws 1996, LB 1044, § 620.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2228 - Obtaining benefits; prohibited acts; violation; penalty.

71-2228.
Obtaining benefits; prohibited acts; violation; penalty.
Any person who by means of a willfully false statement or representation, by impersonation, or by other device obtains or attempts to obtain or aids or abets any person to obtain or to attempt to obtain (1) a food instrument to which he, she, or it is not entitled, (2) any supplemental foods to which such person is not entitled, or (3) any other benefit administered by the Department of Health and Human Services under sections 71-2226 and 71-2227 commits an offense and shall, upon conviction, be punished as follows: (a) If the aggregate value of all funds and other benefits obtained or attempted to be obtained is less than five hundred dollars, the person so convicted shall be guilty of a Class IV misdemeanor; (b) if the aggregate value of all funds and other benefits obtained or attempted to be obtained is five hundred dollars or more but less than one thousand five hundred dollars, the person so convicted shall be guilty of a Class III misdemeanor; or (c) if the aggregate value of all funds and other benefits obtained or attempted to be obtained is one thousand five hundred dollars or more, the person so convicted shall be guilty of a Class IV felony.
Source
Laws 1987, LB 643, § 20;
Laws 1989, LB 344, § 24;
Laws 1996, LB 1044, § 621;
Laws 2015, LB605, § 81.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2229 - Using benefits; prohibited acts; violation; penalty.

71-2229.
Using benefits; prohibited acts; violation; penalty.
(1) A person commits an offense if he, she, or it knowingly and unlawfully uses, alters, or transfers a food instrument or supplemental food. An offense under this subsection shall be a Class IV misdemeanor if the value of the food instrument or benefit is less than five hundred dollars, shall be a Class III misdemeanor if the value of the food instrument or benefit is five hundred dollars or more but less than one thousand five hundred dollars, and shall be a Class IV felony if the value of the food instrument or benefit is one thousand five hundred dollars or more.
(2) A person commits an offense if he, she, or it (a) knowingly and unlawfully possesses a food instrument or supplemental food, (b) knowingly and unlawfully redeems a food instrument, (c) knowingly falsifies or misapplies a food instrument, or (d) fraudulently obtains a food instrument. An offense under this subsection shall be a Class IV misdemeanor if the value of the food instrument or benefit is less than five hundred dollars, shall be a Class III misdemeanor if the value of the food instrument or benefit is five hundred dollars or more but less than one thousand five hundred dollars, and shall be a Class IV felony if the value of the food instrument or benefit is one thousand five hundred dollars or more.
(3) A person commits an offense if he, she, or it knowingly and unlawfully possesses a blank authorization to participate in the WIC program or CSF program. An offense under this subsection shall be a Class IV felony.
(4) When food instruments or supplemental foods are obtained in violation of this section pursuant to one scheme or a continuing course of conduct, whether from the same or several sources, such conduct may be considered as one offense and the values aggregated in determining the grade of the offense.
Source
Laws 1987, LB 643, § 21;
Laws 1989, LB 344, § 25;
Laws 2015, LB605, § 82.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2230 - Attorney General; enforcement.

71-2230.
Attorney General; enforcement.
The Attorney General may take such civil action as may be necessary to enforce the provisions of sections 71-2226 to 71-2229.
Source
Laws 1987, LB 643, § 22;
Laws 1989, LB 344, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2302 - Legislative findings.

71-2302.
Legislative findings.
The Legislature finds that:
(1) Increasing prostitution in Nebraska has become harmful to communities and neighborhoods, often contributing to both incidents of crime and fear of crime. Prostitution depletes local law enforcement resources and leads to a reduction in the quality of life for the residents and businesses that are within close geographic proximity to concentrated areas of prostitution. Prostitution-related activities create noise, litter, and harassment of residents and businesses and promote declining property values. Residents and businesses in areas within close geographic proximity to prostitution-related activity often feel threatened when solicitors proposition on their streets or when prostitution-related activities are performed in parked cars, empty parking lots, or alleyways;
(2) Many prostitutes use prostitution to support drug and alcohol addictions. In addition, many prostitutes suffer from significant mental health disorders that lead to increased dependency on drugs and alcohol. When panderers are involved, the prostitutes are often subject to physical and psychological abuse;
(3) Solicitors of prostitution are equally contributing sexual offenders;
(4) Resources are needed to coordinate and deliver an array of community-based services to address issues related to prostitution, including, but not limited to, lifestyle choices, substance abuse, mental health disorders, workforce assessment and preparation, education, and other community-based services;
(5) A coordinated array of community-based services delivered to individuals engaged in prostitution-related activity can mitigate individual lifestyle choices and break the cycle of prostitution; and
(6) The quality of life for residents and businesses can be drastically improved when the prevalence of prostitution-related activity is significantly reduced or removed within residential and business areas.
Source
Laws 2006, LB 1086, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2304 - Coordinated program of education and treatment; regional behavioral health funding; Department of Health and Human Services; duties.

71-2304.
Coordinated program of education and treatment; regional behavioral health funding; Department of Health and Human Services; duties.
(1) The Legislature shall appropriate funds to create a coordinated program of education and treatment for individuals that participate in prostitution-related activities as described in section 28-801.
(2) The Department of Health and Human Services, in consultation with the regional behavioral health authorities, shall distribute funds to regional behavioral health authorities that can demonstrate to the department a high incidence of prostitution within the behavioral health region. The department may consider the following criteria for regional behavioral health funding under this section:
(a) The number of criminal convictions for prostitution-related activities within the counties that comprise the regional behavioral health authority;
(b) Evidence that prostitution-related activities are impacting residential areas and businesses and the quality of life of residents in such areas and businesses is negatively impacted;
(c) The amount of local law enforcement resources devoted specifically to curtailing prostitution-related activity;
(d) Evidence that the regional behavioral health authorities consulted with recognized neighborhood and business associations within geographic proximity to concentrated areas of prostitution; and
(e) The amount of local subdivision treatment funding.
Each regional behavioral health authority may contract with qualifying public, private, or nonprofit entities for the provision of such education and treatment. Such qualifying entities may obtain additional funding from cities and counties to provide a coordinated program of treatment and education for individuals that participate in prostitution-related activities.
Source
Laws 2006, LB 1086, § 4;
Laws 2007, LB296, § 535.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2305 - Rules and regulations.

71-2305.
Rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Nebraska Prostitution Intervention and Treatment Act.
Source
Laws 2006, LB 1086, § 5;
Laws 2007, LB296, § 536.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2406 - Mail Service Pharmacy Licensure Act; act, how cited.

71-2406.
Mail Service Pharmacy Licensure Act; act, how cited.
Sections 71-2406 to 71-2409 shall be known and may be cited as the Mail Service Pharmacy Licensure Act.
Source
Laws 1988, LB 350, § 1;
Laws 2003, LB 667, § 7.