reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7460.03 - Insurer; duty to report; contents.

71-7460.03.
Insurer; duty to report; contents.
(1) Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed on January 1, 2007:
(a) Any insurer having knowledge of any violation of any provision of the Wholesale Drug Distributor Licensing Act governing the profession of the person being reported whether or not such person is licensed shall report the facts of such violation as known to such insurer to the department; and
(b) All insurers shall cooperate with the department and provide such information as requested by the department concerning any possible violations by any person required to be licensed whether or not such person is licensed.
(2) Such reporting shall be done on a form and in the manner specified pursuant to sections 38-1,130 and 38-1,131. Such reports shall be subject to sections 38-1,132 to 38-1,136.
Source
Laws 2007, LB463, § 1299.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7460.04 - Clerk of county or district court; duty to report conviction or judgment; Attorney General or city or county prosecutor; provide information.

71-7460.04.
Clerk of county or district court; duty to report conviction or judgment; Attorney General or city or county prosecutor; provide information.
The clerk of any county or district court in this state shall report to the department the conviction of any person licensed by the department under the Wholesale Drug Distributor Licensing Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dispensing of a controlled substance, alcohol or chemical impairment, or substance abuse and shall also report a judgment against any such licensee arising out of a claim of professional liability. The Attorney General or city or county prosecutor prosecuting any such criminal action and plaintiff in any such civil action shall provide the court with information concerning the license of the defendant or party. Notice to the department shall be filed within thirty days after the date of conviction or judgment in a manner agreed to by the Director of Public Health of the Division of Public Health and the State Court Administrator.
Source
Laws 2007, LB463, § 1300.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7461 - Unlawful acts.

71-7461.
Unlawful acts.
It is unlawful for any person to commit or to permit, cause, aid, or abet the commission of any of the following acts in this state:
(1) Any violation of the Wholesale Drug Distributor Licensing Act or rules and regulations adopted and promulgated under the act;
(2) Providing the department, any of its representatives, or any federal official with false or fraudulent records or making false or fraudulent statements regarding any matter under the act;
(3) Obtaining or attempting to obtain a prescription drug by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug;
(4) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the manufacture, repackaging, sale, transfer, delivery, holding, or offering for sale of any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or otherwise rendered unfit for distribution;
(5) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the federal Food and Drug Administration, the adulteration, misbranding, or counterfeiting of any prescription drug;
(6) The receipt of any prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and the delivery or proffered delivery of such drug for pay or otherwise; and
(7) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a prescription drug or the commission of any other act with respect to a prescription drug that results in the prescription drug being misbranded.
Source
Laws 2006, LB 994, § 35.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7462 - Violations; penalty.

71-7462.
Violations; penalty.
Any person who knowingly and intentionally engages in wholesale drug distribution in this state in violation of the Wholesale Drug Distributor Licensing Act is guilty of a Class III felony.
Source
Laws 2006, LB 994, § 36.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7463 - Rules and regulations.

71-7463.
Rules and regulations.
The department, upon the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Wholesale Drug Distributor Licensing Act.
Source
Laws 1992, LB 1019, § 22;
R.S.1943, (2003), § 71-7422;
Laws 2006, LB 994, § 37.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7605 - Act, how cited.

71-7605.
Act, how cited.
Sections 71-7605 to 71-7611 shall be known and may be cited as the Nebraska Health Care Funding Act.
Source
Laws 1998, LB 1070, § 1;
Laws 1999, LB 324, § 1;
Laws 2000, LB 1427, § 2;
Laws 2001, LB 692, § 13;
Laws 2002, LB 1148, § 2;
Laws 2008, LB480, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7606 - Purpose of act; restrictions on use of funds; report.

71-7606.
Purpose of act; restrictions on use of funds; report.
(1) The purpose of the Nebraska Health Care Funding Act is to provide for the use of dedicated revenue for health-care-related expenditures and administration and enforcement of the Master Settlement Agreement as defined in section 69-2702.
(2) Any funds appropriated or distributed under the act shall not be considered ongoing entitlements or obligations on the part of the State of Nebraska and shall not be used to replace existing funding for existing programs.
(3) No funds appropriated or distributed under the act shall be used for abortion, abortion counseling, referral for abortion, or research or activity of any kind involving the use of human fetal tissue obtained in connection with the performance of an induced abortion or involving the use of human embryonic stem cells or for the purpose of obtaining other funding for such use.
(4) The Department of Health and Human Services shall report annually to the Legislature and the Governor regarding the use of funds appropriated under the act and the outcomes achieved from such use. The report submitted to the Legislature shall be submitted electronically.
Source
Laws 1998, LB 1070, § 2;
Laws 2000, LB 1427, § 3;
Laws 2001, LB 692, § 14;
Laws 2003, LB 412, § 4;
Laws 2007, LB296, § 676;
Laws 2008, LB469, § 1;
Laws 2011, LB590, § 18;
Laws 2012, LB782, § 124.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7607 - Nebraska Medicaid Intergovernmental Trust Fund; created; use; investment.

71-7607.
Nebraska Medicaid Intergovernmental Trust Fund; created; use; investment.
(1) The Nebraska Medicaid Intergovernmental Trust Fund is created. The fund shall include revenue received from governmental nursing facilities receiving payments for nursing facility services under the medical assistance program established pursuant to the Medical Assistance Act. The Department of Health and Human Services shall remit such revenue to the State Treasurer for credit to the fund. The department shall adopt and promulgate rules and regulations to establish procedures for participation by governmental nursing facilities and for the receipt of such revenue under this section. Money from the Nebraska Medicaid Intergovernmental Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as provided in section 71-7611.
(2) The department may use revenue in the Nebraska Medicaid Intergovernmental Trust Fund to offset any unanticipated reductions in medicaid funds received under this section.
(3) Any money in the Nebraska Medicaid Intergovernmental Trust 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 1998, LB 1070, § 3;
Laws 2000, LB 1427, § 5;
Laws 2001, LB 541, § 4;
Laws 2001, LB 692, § 15;
Laws 2001, Spec. Sess., LB 3, § 3;
Laws 2003, LB 412, § 5;
Laws 2004, LB 1091, § 5;
Laws 2006, LB 1061, § 10;
Laws 2006, LB 1248, § 79;
Laws 2007, LB296, § 677.
Cross References
Medical Assistance Act, see section 68-901.
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 › 71-7608 - Nebraska Tobacco Settlement Trust Fund; created; use; investment.

71-7608.
Nebraska Tobacco Settlement Trust Fund; created; use; investment.
The Nebraska Tobacco Settlement Trust Fund is created. The fund shall include any settlement payments or other revenue received by the State of Nebraska in connection with any tobacco-related litigation to which the State of Nebraska is a party. The Department of Health and Human Services shall remit such revenue to the State Treasurer for credit to the fund. Subject to the terms and conditions of such litigation, money from the Nebraska Tobacco Settlement Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as provided in section 71-7611. Any money in the Nebraska Tobacco Settlement Trust 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 1998, LB 1070, § 4;
Laws 1999, LB 324, § 3;
Laws 2000, LB 1427, § 6;
Laws 2000, LB 1436, § 1;
Laws 2001, LB 692, § 16;
Laws 2003, LB 412, § 6;
Laws 2004, LB 1091, § 6;
Laws 2007, LB296, § 678;
Laws 2008, LB606, § 7;
Laws 2008, LB928, § 32;
Laws 2008, LB961, § 4;
Laws 2009, LB316, § 18.
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 › 71-7616 - Legislative findings.

71-7616.
Legislative findings.
The Legislature finds that members of Nebraska's federally recognized Native American tribes are not receiving adequate basic public health services, especially in the areas of education and prevention. The leading causes of death among Native American people are largely preventable. Many Native American people suffer from preventable diseases such as diabetes, cardiovascular disease, and alcohol-related fatalities. An alarming number of tribal members engage in health-threatening activities such as smoking, substance abuse, and poor diet. Births to teenaged Native Americans are higher than any other racial group. Unintentional injuries are costing Native American people years of productivity and potential. As a result, the life expectancy among Native Americans is low while the infant mortality rate is high when compared to Nebraska's general population. The problems and future costs associated with a lack of adequate public health services will continue to escalate as seventy percent of tribal members on reservations and in service areas are children.
To protect a generation of Native American children and to provide for a safe, healthy future for future generations of Native American people, the Legislature declares that public health infrastructure focusing on health education and preventative health measures for Native Americans must be addressed.
Source
Laws 1998, LB 1070, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7617 - Contracts to provide educational and public health services; Department of Health and Human Services; duties.

71-7617.
Contracts to provide educational and public health services; Department of Health and Human Services; duties.
The Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational and public health services targeted to Native American populations. The following educational and public health services may be considered by the department for such contracts:
(1) Identification and enrollment of children in state and federal programs providing access to health insurance or health care;
(2) Efforts to educate children and adults about the health risks associated with smoking and tobacco use, alcohol abuse, and other substances that threaten health and well-being and other activities designed to reduce the rate of substance abuse;
(3) Prenatal care education for women and notification of programs that improve prenatal care;
(4) Education focusing on proper diet and the importance of physical activity to good health;
(5) Blood pressure and cholesterol screenings;
(6) Support of efforts to identify children and adults at risk for depression and other mental health conditions and provide mental health counseling to prevent suicide;
(7) Parenting classes and the promotion of such programs;
(8) Efforts to discourage drinking and driving and to encourage the use of seat belts;
(9) Tests and education for acquired immunodeficiency syndrome and other sexually transmitted diseases;
(10) Tests for pregnancy and referrals to prenatal care when directed;
(11) Educational efforts aimed at reducing teen pregnancies and other unintended pregnancies;
(12) Case management for pregnant women, children, or adults with special health care needs;
(13) Efforts to make health care prevention services more affordable or accessible;
(14) Matching funds for state and federal programs designed to address public health needs;
(15) Staffing needs for public health services or education including the recruitment and training of Native American providers;
(16) Cervical and breast cancer detection services and other prevention components of comprehensive women's health services;
(17) Education to prevent and reduce the occurrence of diabetes; and
(18) Other prevention or educational activities or programs that address the health, safety, or self-sufficiency of Native American persons.
Source
Laws 1998, LB 1070, § 13;
Laws 2005, LB 301, § 57;
Laws 2007, LB296, § 680.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7618 - Funding of contracts; priority.

71-7618.
Funding of contracts; priority.
During each fiscal year, the Department of Health and Human Services shall contract with the health clinics of Nebraska's federally recognized Native American tribes as approved by the tribal councils, Indian health organizations, or other public health organizations that have a substantial Native American clientele to provide educational and public health services pursuant to section 71-7617. The department shall fund all eligible contracts until the appropriation to this program is depleted, but shall give priority to contracts which meet the following criteria:
(1) Programs or activities that directly impact the health and well-being of children;
(2) Programs or activities which serve the greater number of people over the longest period of time;
(3) Programs or activities that are part of a larger plan for strategic public health planning and implementation;
(4) Current programs or activities that have demonstrated success in improving public health or new programs or activities modeled on successful programs and activities; and
(5) Programs or activities that focus on primary prevention and show promise in reducing future health care expenditures.
Source
Laws 1998, LB 1070, § 14;
Laws 2005, LB 301, § 58;
Laws 2007, LB296, § 681.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7619 - Aid to tribal councils.

71-7619.
Aid to tribal councils.
The Department of Health and Human Services shall provide technical assistance and assessment of needs evaluations upon request to aid tribal councils in the development of contract proposals.
Source
Laws 1998, LB 1070, § 15;
Laws 2005, LB 301, § 59;
Laws 2007, LB296, § 682.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7620 - Recipients; reports.

71-7620.
Recipients; reports.
The recipients of funds under the Native American Public Health Act shall submit a report on the activities funded each fiscal year. The report shall provide information as required by the Department of Health and Human Services to determine the effectiveness of the contract in meeting the goals of the Native American Public Health Act.
Source
Laws 1998, LB 1070, § 16;
Laws 2005, LB 301, § 60;
Laws 2007, LB296, § 683.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7621 - Recapture of funds.

71-7621.
Recapture of funds.
If the Department of Health and Human Services determines that services are not being delivered in accordance with the contract, the department may seek to recapture all or a portion of funds expended.
Source
Laws 1998, LB 1070, § 17;
Laws 2005, LB 301, § 61;
Laws 2007, LB296, § 684.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7622 - Rules and regulations.

71-7622.
Rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations to carry out the Native American Public Health Act and shall adhere to already established or adopted and promulgated rules and regulations for contracted services under the act.
Source
Laws 1998, LB 1070, § 18;
Laws 2005, LB 301, § 62;
Laws 2007, LB296, § 685.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7702 - Terms, defined.

71-7702.
Terms, defined.
For purposes of the Health Care Facility-Provider Cooperation Act:
(1) Community planning means a plan which identifies (a) health-care-related resources, facilities, and services within the community, (b) the health care needs of the community, (c) gaps in services, (d) duplication of services, and (e) ways to meet health care needs;
(2) Cooperative agreement means an agreement among two or more health care facilities or other providers for the sharing, allocation, or referral of patients, personnel, instructional programs, equipment, support services and facilities, or medical, diagnostic, or laboratory facilities or procedures or other services traditionally offered or purchased by health care facilities or other providers;
(3) Department means the Department of Health and Human Services;
(4) Health care facility means:
(a) Any facility required to be licensed under the Health Care Facility Licensure Act or, if in another state, licensed in such state; and
(b) Any parent of a health care facility, health care facility subsidiary, or health care facility affiliate that provides medical or medically related diagnostic and laboratory services or engages in ancillary activities supporting those services; and
(5) Provider means any person licensed to provide health care services under the Uniform Credentialing Act and engaged in the practice of medicine and surgery, osteopathic medicine, pharmacy, optometry, podiatry, physical therapy, or nursing.
Source
Laws 1994, LB 1223, § 112;
Laws 1996, LB 1044, § 786;
Laws 2000, LB 819, § 144;
Laws 2007, LB296, § 686;
Laws 2007, LB463, § 1301.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7703 - Certificate of public advantage; governing cooperative agreement; application.

71-7703.
Certificate of public advantage; governing cooperative agreement; application.
Parties to a cooperative agreement may apply to the department for a certificate of public advantage governing the cooperative agreement. The application shall include an executed letter of intent signed by the parties indicating the parties' intent to proceed with a cooperative agreement if the department issues a certificate of public advantage and shall also include a narrative description of the proposed agreement, the nature and scope of the cooperation in the proposed agreement, and any consideration passing to any party under the proposed agreement. A copy of the application and copies of all additional related materials shall be submitted to the Attorney General and to the department at the same time.
Source
Laws 1994, LB 1223, § 113.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7704 - Certificate of public advantage; notice; review; hearing; rules and regulations.

71-7704.
Certificate of public advantage; notice; review; hearing; rules and regulations.
(1) Within five working days after receipt of an application for a certificate of public advantage, the department shall publish notice of the application through public channels and shall notify health care facilities providing similar services in the area affected by the proposal and any person who has requested such notice. The notice shall state that an application has been received, describe the proposal, and state the date by which a person may submit written comments about the application to the department.
(2) The department shall, within fifteen days after the date an application is received, determine if the application is complete for the purposes of review. The department may find that an application is incomplete when a question on the application form has not been answered in whole or in part or has been answered in a manner that does not fairly meet the question addressed or when the application does not include attachments of supporting documents necessary to complete the answer. If the department determines that an application is incomplete, it shall notify the applicant within fifteen days after the date the application was received, stating the reasons for its determination of incompleteness with reference to the particular questions for which a deficiency is noted.
(3) The department may, during the course of its review, hold a public meeting at which any person may introduce testimony and exhibits in connection with an application. The department decision to hold a public meeting shall be made within fifteen days after the department's dissemination of notice pursuant to subsection (1) of this section. The meeting shall be held no later than thirty days after the department's decision to hold a public meeting and upon five days' notice, not including days the application is deemed to be incomplete.
(4) The department shall review the application in accordance with the standards set forth in section 71-7706 and may hold a public hearing in accordance with rules and regulations of the department. Persons may intervene if any legal rights, duties, privileges, or other legal interests may be substantially affected by the application. The department may adopt and promulgate rules and regulations for such intervention. The department shall consult with the Attorney General regarding his or her evaluation of any potential reduction in competition resulting from a cooperative agreement.
Source
Laws 1994, LB 1223, § 114.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7705 - Certificate of public advantage; decision; execute cooperative agreement; when; contest of decision; appeal.

71-7705.
Certificate of public advantage; decision; execute cooperative agreement; when; contest of decision; appeal.
(1) The department shall grant or deny an application for a certificate of public advantage within ninety days after the date of filing of the application, not including days the application is deemed to be incomplete. The decision shall be in writing and set forth the basis for the decision. The department shall furnish a copy of the decision to the applicants, the Attorney General, and any intervenor.
(2) If the department grants the application, the parties shall have forty-five days after the date of receipt of the department's decision to submit an executed written copy of the cooperative agreement which shall be in accordance with the terms and conditions set out in the letter of intent and the application. The department shall review the executed written copy of the cooperative agreement and, if it is in accordance with the terms and conditions set out in the letter of intent and the application, the department shall issue a certificate of public advantage for the cooperative agreement.
(3) If the applicants desire to contest the denial or the intervenors desire to contest the granting of an application, they shall, within ten days after receipt of the notice of denial or within ten days after the granting of an application, send a written request to the department for a hearing under sections 84-913 and 84-915.
(4) A denial or granting by the department of an application or a termination of a certificate of public advantage under section 71-7707 may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1994, LB 1210, § 181;
Laws 1994, LB 1223, § 115.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7706 - Certificate of public advantage; issuance; considerations.

71-7706.
Certificate of public advantage; issuance; considerations.
(1) The department shall issue a certificate of public advantage for a cooperative agreement if it determines that the applicants have demonstrated by clear and convincing evidence that the likely benefits resulting from the agreement outweigh any disadvantages attributable to a reduction in competition that may result from the agreement.
(2) In evaluating the potential benefits of a cooperative agreement, the department shall consider whether one or more of the following benefits may result from the cooperative agreement:
(a) Enhancement of the quality of health care facility care and provider care provided to Nebraska citizens;
(b) Preservation of health care facilities, including those in other states, in geographical proximity to the communities traditionally served by such facilities;
(c) Gains in the cost efficiency of services provided by the health care facilities or providers involved or by other health care facilities or providers in this state;
(d) Improvements in the utilization of health care facility resources and equipment;
(e) Avoidance of duplication of health care facility resources;
(f) Enhancement, maintenance, or preservation of competition for the services or goods involved; and
(g) Mitigation of adverse environmental impact or enhancement of positive environmental impact.
(3) The department's evaluation of any disadvantages attributable to any reduction in competition likely to result from the agreement may include, but need not be limited to, the following factors:
(a) The extent of any likely adverse impact on the ability of health maintenance organizations, preferred provider organizations, managed health care service agents, or other health care payors to negotiate advantageous payment and service arrangements with health care facilities or providers;
(b) The extent of any reduction in competition among health care facilities or providers or other persons furnishing goods or services to or in competition with health care facilities that is likely to result directly or indirectly from the cooperative agreement;
(c) The extent of any likely adverse impact on patients in the quality, availability, and price of health care services; and
(d) The availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition likely to result from the agreement.
Source
Laws 1994, LB 1223, § 116.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7707 - Certificate of public advantage; termination.

71-7707.
Certificate of public advantage; termination.
If the department determines at any time that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the department shall initiate proceedings to terminate the certificate of public advantage in accordance with the Administrative Procedure Act.
Source
Laws 1994, LB 1223, § 117.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7708 - Parties to agreement; report; petition to terminate certificate; adverse job actions prohibited.

71-7708.
Parties to agreement; report; petition to terminate certificate; adverse job actions prohibited.
(1) The department shall require the parties to a cooperative agreement for which a certificate of public advantage has been issued to report annually on the functioning of the cooperative agreement for the preceding year. The report shall be in such form and contain such information as the department in its discretion deems necessary to make the determination required by section 71-7707.
(2) Any interested person may petition the department to determine that the likely benefits resulting from a certified cooperative agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement. In such case, the department may initiate proceedings to terminate the certificate of public advantage in accordance with the Administrative Procedure Act.
(3) It shall be unlawful for an employer to take any adverse job action against any employee because such employee has petitioned, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the Health Care Facility-Provider Cooperation Act.
Source
Laws 1994, LB 1223, § 118.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7709 - Parties and participants; immunity; notice; act, how construed.

71-7709.
Parties and participants; immunity; notice; act, how construed.
(1) Any party to a cooperative agreement which has been approved in whole or in part by the department pursuant to the Health Care Facility-Provider Cooperation Act shall be immune from any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to implement such agreement or any decision or order issued by the department.
(2) Any part to a cooperative agreement that has been filed with the department pursuant to the act shall be immune from any civil or criminal antitrust action if such action is based upon or arises from the negotiation of or entering into the cooperative agreement.
(3) All persons who participate in community planning, discussions, or negotiations intended in good faith to culminate in a cooperative agreement to be filed with the department pursuant to the provisions of the act shall be immune from any civil or criminal antitrust action if such action is based upon or arises from such conduct.
(4)(a) The immunity provided in this section shall apply only to community planning, discussions, and negotiations that occur after notice of such activities has been sent to the department in accordance with the requirements of subdivision (b) of this subsection.
(b) The notice to the department required by subdivision (a) of this subsection shall include a description of the proposed purpose of the agreement, the potential parties, and the potential nature and scope of the cooperation and joint activities contemplated. The persons filing such notice shall also notify the department if negotiations have terminated, or if negotiations are continuing they shall notify the department of progress of negotiation at least once every six months. The department may request additional information from the potential parties and may communicate with and monitor the parties in any manner the department deems necessary but shall not hinder or interfere with negotiations.
(5) The submission of a cooperative agreement for department approval pursuant to the act shall be voluntary, and the failure of the parties to any such agreement to seek approval shall not be admissible in any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to implement the cooperative agreement.
(6) Nothing in the act shall be construed to limit the application of any other statute concerning the licensure of facilities, services, or professions, and any activities undertaken pursuant to a cooperative agreement shall comply with applicable law.
Source
Laws 1994, LB 1223, § 119.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7710 - Act; how construed.

71-7710.
Act; how construed.
Nothing in the Health Care Facility-Provider Cooperation Act shall be construed to prohibit:
(1) The formation of a cooperative agreement that has been approved in whole or in part in accordance with the act;
(2) Community planning, discussions, or negotiations intended in good faith to cumulate in a cooperative agreement to be filed with the department;
(3) Any conduct or activity reasonably necessary and reasonably foreseeable to implement an approved cooperative agreement or a decision or order issued by the department; or
(4) The negotiation of or entering into a cooperative agreement which is filed with the department. Such agreements, conduct, or activities shall not be held or construed to be illegal combinations or conspiracies in restraint of trade under the act. Directors, trustees, or their representatives of a health care facility or provider who participate in the discussion or negotiation shall be immune from civil actions or criminal prosecutions for a violation of state or federal antitrust laws unless the discussion or negotiation exceeds the scope authorized by the Health Care Facility-Provider Cooperation Act.
Source
Laws 1994, LB 1223, § 120.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7711 - Department; maintain copies of agreements; notice of termination, filing required.

71-7711.
Department; maintain copies of agreements; notice of termination, filing required.
The department shall maintain on file a copy of all cooperative agreements for which certificates of public advantage remain in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination with the department within thirty days after termination.
Source
Laws 1994, LB 1223, § 121.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7802 - Federal Consolidated Appropriations Act, 2021; requirements; Primary Care Investment Council; purpose.

71-7802.
Federal Consolidated Appropriations Act, 2021; requirements; Primary Care Investment Council; purpose.
On December 27, 2020, the federal Consolidated Appropriations Act, 2021, Public Law 116-260, became law. It requires group health plans, health insurance issuers, and health insurance plans to provide data to the federal government on the total amount of spending on hospital costs; health care provider and clinical service costs, for primary care and specialty care separately; costs for prescription drugs; and other medical costs, including wellness services. Primary care is important to the health of individuals and has been associated with better health outcomes at lower costs. The purpose of the Primary Care Investment Council is to analyze the data collected by the federal government in accordance with the federal Consolidated Appropriations Act, 2021, and other data sources, to assist the Legislature in understanding:
(1) The current amount of health care spending on primary care in Nebraska from public and private sources;
(2) Barriers to residents of Nebraska accessing primary care;
(3) Barriers to health payors and medical providers in investing in primary care;
(4) Alternative payment models that deliver high-quality care and spend health care dollars more wisely;
(5) The public health benefits for Nebraska residents if the level of primary care investment in Nebraska increased;
(6) The estimated cost savings for health care consumers as well as public and private payors if the level of primary care investment increased in Nebraska;
(7) Nebraska's investment in primary care services relative to other states; and
(8) Health outcomes in Nebraska relative to other states.
Source
Laws 2022, LB863, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7803 - Terms, defined.

71-7803.
Terms, defined.
For purposes of the Primary Care Investment Act:
(1) Department means the Department of Insurance; and
(2) Primary care physician means a physician licensed under the Uniform Credentialing Act and practicing in the area of family medicine, pediatrics, internal medicine, geriatrics, obstetrics and gynecology, or general medicine.
Source
Laws 2022, LB863, § 13.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7804 - Primary Care Investment Council; created; members; termination.

71-7804.
Primary Care Investment Council; created; members; termination.
(1) The Primary Care Investment Council is created. The council shall consist of fifteen voting members and two ex officio, nonvoting members.
(2) The Primary Care Investment Council shall consist of the following voting members:
(a) Three representatives of primary care physicians, one representing each congressional district;
(b) A representative of behavioral health providers;
(c) A representative of hospitals;
(d) A representative of academia with experience in health care data;
(e) Two other representatives of health providers who are not primary care physicians or hospitals;
(f) Three representatives of health insurers, one of which shall be a representative of a managed care organization;
(g) One representative of large employers that purchase health insurance for employees, which representative is not an insurer;
(h) One representative of small employers that purchase group health insurance for employees, which representative is not an insurer;
(i) One health care consumer advocate who is knowledgeable about the private health insurance market; and
(j) A representative of organizations that facilitate health information exchange in Nebraska.
(3) The following officials or their designees shall serve as ex officio, nonvoting members:
(a) The Director of Insurance; and
(b) The Director of Medicaid and Long-Term Care of the Division of Medicaid and Long-Term Care of the Department of Health and Human Services.
(4) The Governor shall appoint the voting members of the council. The Governor shall appoint the initial members by October 1, 2022. Any member who ceases to meet the requirements for his or her appointment regarding representation or practice shall cease to be a member of the council. Any vacancy shall be filled in the same manner as the original appointment.
(5) The council shall select one of its members to serve as chairperson for a one-year term. The council shall conduct its organizational meeting in October 2022.
(6) The council shall terminate on July 1, 2029.
Source
Laws 2022, LB863, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7805 - Primary Care Investment Council; duties.

71-7805.
Primary Care Investment Council; duties.
The Primary Care Investment Council shall:
(1) Develop an appropriate definition for primary care investment;
(2) Measure the current level of primary care investment, measured as a part of overall health care spending, by public and private payors in Nebraska;
(3) Conduct a comparison of spending on primary care services and health outcomes in Nebraska with surrounding states and nationally;
(4) Develop an appropriate target level of primary care investment by public and private payors in Nebraska;
(5) Recommend strategies to achieve the target level of primary care investment through alternative payment models;
(6) Identify the public health benefits and estimated cost savings that would result from meeting the target level of primary care investment through alternative payment models; and
(7) Identify solutions to barriers for Nebraska residents from accessing primary care and for health payors and medical providers from investing in primary care.
Source
Laws 2022, LB863, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7806 - Primary Care Investment Council; convene; review and update.

71-7806.
Primary Care Investment Council; convene; review and update.
The Primary Care Investment Council shall convene at least once a year through 2028 to review the state's progress in meeting the target level of primary care investment, update the data regarding public health benefits and cost savings as a result of investments in primary care, update the strategies to achieve the target level of primary care investment, and consider other information as necessary.
Source
Laws 2022, LB863, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7807 - Primary Care Investment Council; report.

71-7807.
Primary Care Investment Council; report.
On or before November 1, 2023, and on or before each November 1 until November 1, 2028, the Primary Care Investment Council shall prepare and the department shall electronically submit a report to the Executive Board of the Legislative Council and the Governor which contains, at a minimum, the Primary Care Investment Council's findings under section 71-7805 and any additional findings from the council regarding health care spending and health outcomes.
Source
Laws 2022, LB863, § 17.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7904 - Act, how cited.

71-7904.
Act, how cited.
Sections 71-7904 to 71-7913 shall be known and may be cited as the Health Care Quality Improvement Act.
Source
Laws 2011, LB431, § 1;
Laws 2019, LB119, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7905 - Purposes of act.

71-7905.
Purposes of act.
The purposes of the Health Care Quality Improvement Act are to provide protection for those individuals who participate in peer review activities which evaluate the quality and efficiency of health care providers and to protect the confidentiality of peer review records.
Source
Laws 2011, LB431, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7906 - Definitions, where found.

71-7906.
Definitions, where found.
For purposes of the Health Care Quality Improvement Act, the definitions found in sections 71-7907 to 71-7910.01 apply.
Source
Laws 2011, LB431, § 3;
Laws 2019, LB119, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7907 - Health care provider, defined.

71-7907.
Health care provider, defined.
Health care provider means:
(1) A facility licensed under the Health Care Facility Licensure Act;
(2) A health care professional licensed under the Uniform Credentialing Act;
(3) A professional health care service entity; and
(4) An organization or association of health care professionals licensed under the Uniform Credentialing Act.
Source
Laws 2011, LB431, § 4;
Laws 2019, LB119, § 3.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7908 - Incident report, defined.

71-7908.
Incident report, defined.
Incident report or risk management report means a report of an incident involving injury or potential injury to a patient as a result of patient care provided by a health care provider, including both an individual who provides health care and an entity that provides health care, that is created specifically for and collected and maintained for exclusive use by a peer review committee of a health care entity and that is within the scope of the functions of that committee.
Source
Laws 2011, LB431, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7909 - Peer review, defined.

71-7909.
Peer review, defined.
Peer review means the procedure by which health care providers evaluate the quality and efficiency of services ordered or performed by other health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, root cause analysis, claims review, underwriting assistance, and the compliance of a hospital, nursing home, or other health care facility operated by a health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
Source
Laws 2011, LB431, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7910 - Peer review committee, defined; policies and procedures.

71-7910.
Peer review committee, defined; policies and procedures.
(1) Peer review committee means a utilization review committee, quality assessment committee, performance improvement committee, tissue committee, credentialing committee, or other committee established by a professional health care service entity or by the governing board of a facility which is a health care provider that does either of the following:
(a) Conducts professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by a health care provider, including both an individual who provides health care and an entity that provides health care; or
(b) Conducts any other attendant hearing process initiated as a result of a peer review committee's recommendations or actions.
(2) To conduct peer review pursuant to the Health Care Quality Improvement Act, a professional health care service entity shall adopt and adhere to written policies and procedures governing the peer review committee of the professional health care service entity.
Source
Laws 2011, LB431, § 7;
Laws 2019, LB119, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7910.01 - Professional health care service entity, defined.

71-7910.01.
Professional health care service entity, defined.
Professional health care service entity means an entity which is organized under the Nebraska Nonprofit Corporation Act, the Nebraska Professional Corporation Act, the Nebraska Uniform Limited Liability Company Act, or the Uniform Partnership Act of 1998 and which renders health care services through individuals credentialed under the Uniform Credentialing Act.
Source
Laws 2019, LB119, § 4;
Laws 2020, LB783, § 3.
Cross References
Nebraska Nonprofit Corporation Act, see section 21-1901.
Nebraska Professional Corporation Act, see section 21-2201.
Nebraska Uniform Limited Liability Company Act, see section 21-101.
Uniform Credentialing Act, see section 38-101.
Uniform Partnership Act of 1998, see section 67-401.