reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9102 - Legislative findings.

71-9102.
Legislative findings.
(1) The Legislature finds that concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities and that the risk of catastrophic injury or death is significant when a concussion or brain injury is not properly evaluated and managed.
(2) The Legislature further finds that concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness.
(3) The Legislature further finds that continuing to play with a concussion or symptoms of brain injury leaves a young athlete especially vulnerable to greater injury and even death. The Legislature recognizes that, despite having generally recognized return-to-play standards for concussion and brain injury, some young athletes are prematurely returned to play, resulting in actual or potential physical injury or death.
Source
Laws 2011, LB260, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9103 - Terms, defined.

71-9103.
Terms, defined.
For purposes of the Concussion Awareness Act:
(1) Chief medical officer means the chief medical officer as designated in section 81-3115; and
(2) Licensed health care professional means a physician or licensed practitioner under the direct supervision of a physician, a certified athletic trainer, a neuropsychologist, or some other qualified individual who (a) is registered, licensed, certified, or otherwise statutorily recognized by the State of Nebraska to provide health care services and (b) is trained in the evaluation and management of traumatic brain injuries among a pediatric population.
Source
Laws 2011, LB260, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9106 - Act; how construed.

71-9106.
Act; how construed.
Nothing in the Concussion Awareness Act shall be construed to create liability for or modify the liability or immunity of a school, school district, city, village, business, or nonprofit organization or the officers, employees, or volunteers of any such school, school district, city, village, business, or nonprofit organization.
Source
Laws 2011, LB260, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9302 - Terms, defined.

71-9302.
Terms, defined.
For purposes of the Home Care Consumer Bill of Rights Act:
(1) Home care consumer means any person who receives home care services and who is (a) sixty years of age or older or (b) a person with disabilities and is younger than sixty years of age. Home care consumer shall also include the parent or guardian of the home care consumer when the consumer is a minor child;
(2) Home care services means home and community-based services the purposes of which are to promote independence and reduce the necessity for residence in a long-term care facility, including, but not limited to, personal care services designed to assist an individual in the activities of daily living such as bathing, exercising, personal grooming, and getting in and out of bed, and which are provided under the medicare program under Title XVIII of the federal Social Security Act, as amended, the medicaid program under Title XIX of the federal Social Security Act, as amended, or any other public or private program providing home care services; and
(3) Provider of home care services means a public or private organization that provides home care services or arranges for the provision of home care services by an independent contractor.
Source
Laws 2016, LB698, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9303 - Minor child; incapacitated person; representation; assistance in securing rights.

71-9303.
Minor child; incapacitated person; representation; assistance in securing rights.
(1) A home care consumer who is a minor child shall be represented by his or her parent or guardian. Such parent or guardian shall act on behalf of the minor child in securing the minor child’s rights under the Home Care Consumer Bill of Rights Act.
(2) A home care consumer who has been found by a court to be an incapacitated person shall be represented by a guardian. Such guardian shall act on behalf of the incapacitated person in securing the incapacitated person’s rights under the Home Care Consumer Bill of Rights Act.
(3) A home care consumer or an incapacitated person who is not a minor child has the right to the assistance of an agent, an attorney, an individual designated pursuant to a power of attorney, or an individual otherwise designated in writing by the home care consumer to act on behalf of the home care consumer in securing his or her rights under the act.
Source
Laws 2016, LB698, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9305 - Attorney General; enforcement; powers; civil action; civil penalty; damages.

71-9305.
Attorney General; enforcement; powers; civil action; civil penalty; damages.
(1) When the Attorney General has cause to believe that any provider of home care services is violating the Home Care Consumer Bill of Rights Act, the Attorney General may enforce the act.
(2) For purposes of the act, the Attorney General may:
(a) Require a provider of home care services to file a statement or report in writing under oath or otherwise as to all facts and circumstances concerning the provision of home care services to the home care consumer;
(b) Examine under oath any person in connection with the provision of home care services;
(c) Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary; and
(d) Issue subpoenas to require the attendance of witnesses or the production of documents.
(3) The Attorney General may bring a civil action in the district court of any county in which a violation occurred, or in Lancaster County, seeking injunctive relief and a monetary award for civil penalties, attorney’s fees, and costs. Any person who violates the act shall be subject to a civil penalty of not more than two thousand dollars for each violation.
(4) The Attorney General may also seek and recover actual damages for each health care consumer injured by a violation of the act.
Source
Laws 2016, LB698, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9306 - Civil action.

71-9306.
Civil action.
Any home care consumer who suffers a loss or harm as a result of a violation of the Home Care Consumer Bill of Rights Act may file a civil action to recover actual damages, attorney’s fees, court costs, and any other remedies provided by law.
Source
Laws 2016, LB698, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9402 - Terms, defined.

71-9402.
Terms, defined.
For purposes of the Assisting Caregiver Transitions Act:
(1) Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administration of medication, and similar activities;
(2) Aftercare means assistance provided by a caregiver to a patient in the patient’s residence after the patient’s discharge from a hospital following an inpatient stay and may include, but is not limited to, (a) assisting with activities of daily living and (b) carrying out medical or nursing tasks, including, but not limited to, managing wound care, assisting in administration of medication, and operating medical equipment;
(3) Caregiver means a person nineteen years of age or older who is designated by a patient or a patient's legal guardian to provide aftercare;
(4) Hospital means a general acute hospital as defined in section 71-412; and
(5) Residence means the home in which a patient resides. Residence does not include an assisted-living facility as defined in section 71-5903, a group home, a hospital as defined in section 71-419, an intermediate care facility as defined in section 71-420, a rehabilitation hospital as defined in section 71-427 or other rehabilitation facility, a nursing facility as defined in section 71-424, or a skilled nursing facility as defined in section 71-429.
Source
Laws 2016, LB698, § 8;
Laws 2018, LB439, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9403 - Designation of caregiver; hospital; duties.

71-9403.
Designation of caregiver; hospital; duties.
(1) A hospital shall give each patient or patient’s legal guardian the opportunity to designate at least one caregiver as soon as practicable and prior to the patient’s release.
(2) If a patient is unconscious or incapacitated upon his or her admission to the hospital, the hospital shall give the patient or the patient's legal guardian the opportunity to designate a caregiver as soon as possible after the patient’s recovery of consciousness or capacity.
(3) A patient or his or her legal guardian is not required to designate a caregiver at any time. If a patient or a patient's legal guardian declines to designate a caregiver, the hospital shall document this fact in the patient’s medical record.
Source
Laws 2016, LB698, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9404 - Designation of caregiver; record; contents; effect of designation.

71-9404.
Designation of caregiver; record; contents; effect of designation.
(1) If a patient or a patient’s legal guardian designates a caregiver, the hospital shall record in the patient’s medical record the designated caregiver’s name, his or her relationship to the patient, and the caregiver’s telephone number, residence address, and other contact information.
(2) A patient or a patient’s legal guardian may change the caregiver designation at any time. The hospital shall document the change in the patient’s medical record before the patient's discharge.
(3) A person designated as a caregiver is not obligated to accept such designation or to perform aftercare for the designating patient or patient's legal guardian.
Source
Laws 2016, LB698, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9405 - Notification of discharge or transfer.

71-9405.
Notification of discharge or transfer.
If a patient or a patient’s legal guardian designates a caregiver, the hospital shall notify the caregiver of the patient’s discharge from the hospital or transfer to another facility as soon as practicable which may be after the patient’s physician issues a discharge or transfer order. If the hospital is unable to contact the caregiver, such lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or the medically appropriate discharge or transfer of the patient. The hospital shall document all attempts to contact the caregiver in the patient's medical record.
Source
Laws 2016, LB698, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9406 - Discharge plan; contents; instructions concerning aftercare tasks; documentation.

71-9406.
Discharge plan; contents; instructions concerning aftercare tasks; documentation.
(1) As soon as possible after designation of a caregiver and prior to the patient’s discharge, the hospital shall attempt to consult with the patient or the patient’s legal guardian and the caregiver and shall issue a discharge plan that describes the patient’s aftercare needs. The discharge plan shall include, but need not be limited to:
(a) The name and contact information of the caregiver, as provided by him or her; and
(b) A description of the aftercare tasks necessary to maintain the patient’s ability to reside in his or her residence.
(2) The hospital shall provide the caregiver with instructions concerning all aftercare tasks described in the discharge plan. The instructions shall include, but need not be limited to:
(a) A live demonstration of or instruction in the aftercare tasks, as performed by a hospital employee or other authorized individual in a culturally competent manner;
(b) An opportunity for the caregiver and the patient or the patient’s guardian to ask questions about aftercare; and
(c) Answers to the caregiver’s, patient’s, and patient’s legal guardian’s questions in a culturally competent manner.
(3) The hospital shall document the instructions in the patient’s medical record, including the date, time, and contents of the instructions and whether the caregiver accepted or refused the offer of instruction.
Source
Laws 2016, LB698, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9407 - Assisting Caregiver Transitions Act; effect.

71-9407.
Assisting Caregiver Transitions Act; effect.
The Assisting Caregiver Transitions Act does not:
(1) Create a private right of action against a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;
(2) Create additional civil or regulatory liability for a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;
(3) Supersede or replace existing rights or remedies under any other law;
(4) Affect a license issued to a hospital pursuant to the Health Care Facility Licensure Act;
(5) Establish a new requirement to reimburse or otherwise pay for services rendered by a caregiver for aftercare; or
(6) Interfere with an individual acting under a valid power of attorney for health care as defined in section 30-3402 or acting as a conservator as defined in section 30-2209.
Source
Laws 2016, LB698, § 13.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9502 - Legislative intent; purpose of act.

71-9502.
Legislative intent; purpose of act.
(1) It is the intent of the Legislature to promote personal responsibility for health care and cost-effective delivery of health care by enabling the innovative use of direct primary care practice agreements for primary medical care in order to improve access to medical care, reduce the use of emergency departments for primary care, and allow emergency departments to treat emergencies more effectively and reduce costs.
(2) The purpose of the Direct Primary Care Agreement Act is to confirm that direct primary care agreements that meet the requirements of the act do not constitute insurance or function as a qualified health plan pursuant to any federal mandates.
Source
Laws 2016, LB817, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9503 - Terms, defined.

71-9503.
Terms, defined.
For purposes of the Direct Primary Care Agreement Act:
(1) Direct agreement means a direct primary care agreement entered into on or after July 21, 2016, meeting the requirements of section 71-9504;
(2) Direct patient means an individual or family that is party to a direct agreement and is entitled to receive primary care services under the direct agreement from the direct provider;
(3) Direct provider means (a) a physician or nurse practitioner who is licensed under the Uniform Credentialing Act, who specializes or is board-certified in general practice, family medicine, internal medicine, or pediatrics, and who provides primary care services through a direct agreement, (b) a group of physicians or nurse practitioners who are licensed under the Uniform Credentialing Act, who specialize or are board-certified in general practice, family medicine, internal medicine, or pediatrics, and who provide primary care services as a group through a direct agreement, or (c) an entity that sponsors, employs, or is otherwise affiliated with a group of physicians or nurse practitioners, which physicians or nurse practitioners are licensed under the Uniform Credentialing Act, specialize or are board-certified in general practice, family medicine, internal medicine, or pediatrics, and provide only primary care services as a group through a direct agreement if (i) the entity is wholly owned by the group of physicians or nurse practitioners or is a nonprofit corporation exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 and (ii) the entity is not otherwise regulated as a health care service contractor, health maintenance organization, or disability insurer. Such an entity is not prohibited from sponsoring, employing, or being otherwise affiliated with other types of health care providers not engaged in a direct agreement;
(4) Direct service charge means a charge for primary care services provided by, or to be provided by, the direct provider to the direct patient. Direct service charge includes a charge in any form, including a periodic retainer, membership fee, subscription fee, or other charge paid under a direct agreement;
(5) Patient’s representative means a guardian or other person holding a power of attorney for health care; and
(6) Primary care means general health care services of the type provided at the time a patient seeks preventive care or first seeks health care services for a specific health concern. Primary care may include, but not be limited to:
(a) Care which promotes and maintains mental and physical health and wellness;
(b) Care which prevents disease;
(c) Screening, diagnosing, and treating acute or chronic conditions caused by disease, injury, or illness;
(d) Providing patient counseling and education; and
(e) Providing a broad spectrum of preventive and curative health care over a period of time.
Source
Laws 2016, LB817, § 3.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9504 - Direct agreement; requirements; notice; copy to direct patient.

71-9504.
Direct agreement; requirements; notice; copy to direct patient.
(1) In order to be a valid direct agreement for purposes of the Direct Primary Care Agreement Act, a direct agreement between a direct provider and a direct patient or the patient's representative in which the direct provider charges a direct service charge as consideration for being available to provide and for providing primary care services to the direct patient shall meet the following requirements:
(a) A direct agreement shall be in writing;
(b) A direct agreement shall be signed by the direct provider or an agent of the direct provider and the direct patient or the direct patient’s representative;
(c) A direct agreement shall describe the scope of the primary care services included in the direct agreement;
(d) A direct agreement shall state each location where primary care services may be provided and whether out-of-office services are included;
(e) A direct agreement shall specify the direct service charge and any other charges for primary care services not covered by the direct service charge;
(f) A direct agreement shall specify the duration of the direct agreement, whether renewal is automatic, and procedures for renewal if required;
(g) A direct agreement shall specify the terms of the direct agreement and the conditions upon which the direct agreement may be terminated by the direct provider, including at least thirty days’ notice to the direct patient in accordance with section 71-2085;
(h) A direct agreement shall state that the direct agreement is terminable at will by written notice from the direct patient to the direct provider;
(i) A direct agreement shall state that if a party provides written notice of termination of the direct agreement, the direct provider is required to refund to the direct patient all unearned direct service charges within thirty days after the date of the notice of termination;
(j) A direct agreement shall prominently state in writing that the direct patient is required to pay the direct provider for any service not specified in the direct agreement and not otherwise covered by insurance; and
(k) A direct agreement shall include a notice that reads substantially as follows:
NOTICE: This direct primary care agreement does not constitute insurance and is not a medical plan that provides health insurance coverage for purposes of any federal mandates. This direct primary care agreement only provides for the primary care services described in the agreement. It is recommended that insurance be obtained to cover medical services not provided for under this direct primary care agreement. You are always personally responsible for the payment of any additional medical expenses you may incur.
(2) A direct provider shall ensure that a copy of a direct agreement is given to each direct patient at the time the patient signs the direct agreement.
Source
Laws 2016, LB817, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9505 - Direct provider; provide written disclaimer; notice; contents.

71-9505.
Direct provider; provide written disclaimer; notice; contents.
A direct provider shall provide a written disclaimer on or accompanying each application for primary care services under a direct agreement with the direct provider and any guidelines distributed by or on behalf of the direct provider that informs a patient of his or her financial rights and responsibilities and that states that the direct provider will not bill a health insurance carrier for services covered under the direct agreement. The disclaimer shall also include a notice that reads substantially as follows:
NOTICE: This direct primary care agreement does not constitute insurance and is not a medical plan that provides health insurance coverage for purposes of any federal mandates. This direct primary care agreement only provides for the primary care services described in the agreement. It is recommended that insurance be obtained to cover medical services not provided for under this direct primary care agreement. You are always personally responsible for the payment of any additional medical expenses you may incur.
Source
Laws 2016, LB817, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9506 - Direct provider; limitation on activities; duty.

71-9506.
Direct provider; limitation on activities; duty.
(1) A direct provider shall not refuse to accept a new direct patient or discontinue care to an existing direct patient solely because of the patient’s health status.
(2) A direct provider shall provide at least sixty days’ advance notice to an existing direct patient of any change to the direct service charge applicable to the patient.
(3) A direct provider shall not pay for health care services covered by an agreement rendered to patients by direct providers other than the direct providers in the same direct primary care practice or their employees.
Source
Laws 2016, LB817, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9507 - Direct agreement; not insurance; certificate of authority or license not required; billing limitations.

71-9507.
Direct agreement; not insurance; certificate of authority or license not required; billing limitations.
(1) A direct agreement is not insurance and is not subject to Chapter 44.
(2) Neither a direct provider nor an agent of a direct provider is required to obtain a certificate of authority or license under Chapter 44 to market, sell, or offer to sell a direct agreement.
(3) A direct provider shall not bill an insurer for services provided under a direct agreement. A patient may submit a request for reimbursement to an insurer if permitted under a policy of insurance. This subsection does not prohibit a direct provider from billing insurance for services not provided under a direct agreement.
Source
Laws 2016, LB817, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9508 - Direct provider; direct service charges; acceptance of payments.

71-9508.
Direct provider; direct service charges; acceptance of payments.
A direct provider may accept payment of direct service charges directly or indirectly from third parties. A direct provider may accept all or part of a direct service charge paid by an employer on behalf of an employee who is a direct patient. A direct provider shall not enter into a contract with an employer relating to direct agreements between the direct provider and employees of that employer other than to establish the timing and method of the payment of the direct service charge by the employer.
Source
Laws 2016, LB817, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9510 - Direct provider; acceptance of payments from medical assistance program.

71-9510.
Direct provider; acceptance of payments from medical assistance program.
Subject to the restrictions established in the Direct Primary Care Agreement Act, a direct provider may accept payment of direct service charges directly or indirectly from the medical assistance program under the Medical Assistance Act or any entity contracting with the State of Nebraska to provide managed care in the medical assistance program subject to any necessary approval from the federal Centers for Medicare and Medicaid Services.
Source
Laws 2016, LB817, § 10.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9511 - Direct provider; primary care services; payment.

71-9511.
Direct provider; primary care services; payment.
A direct provider may provide primary care services to a patient who is not a party to a direct agreement with that provider and may receive payment for the services.
Source
Laws 2016, LB817, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9602 - Terms, defined.

71-9602.
Terms, defined.
For purposes of the Investigational Drug Use Act:
(1) Advanced illness means any progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of federally approved and available treatments, and that, without life-sustaining procedures, would likely result in death within six months;
(2) Eligible patient means a person who meets the requirements of section 71-9603;
(3) Health care provider has the same meaning as in section 71-7907;
(4) Investigational drug, biological product, or device means any drug, biological product, or device that has successfully completed phase one of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration;
(5) Physician means any person who is licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act; and
(6) Written, informed consent means a writing which conforms to section 71-9604.
Source
Laws 2018, LB117, § 2.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9603 - Eligible patient.

71-9603.
Eligible patient.
To be an eligible patient under the Investigational Drug Use Act, a person shall:
(1) Have an advanced illness, attested by the person's treating physician;
(2) Have considered all other treatment options approved by the United States Food and Drug Administration at the time;
(3) Have a recommendation from his or her treating physician for an investigational drug, biological product, or device;
(4) Give written, informed consent for the use of the investigational drug, biological product, or device;
(5) Have documentation from his or her treating physician that he or she meets the requirements of the act; and
(6) Not be a patient receiving inpatient treatment in a hospital licensed pursuant to the Health Care Facility Licensure Act.
Source
Laws 2018, LB117, § 3.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9604 - Written informed consent; contents.

71-9604.
Written informed consent; contents.
To be acceptable under the Investigational Drug Use Act, a written, informed consent shall consist of a signed writing executed by an eligible patient, or his or her parent or legal guardian if the eligible patient is a minor, and attested to by the eligible patient's treating physician, that:
(1) Explains the approved products and treatments available at that time for the disease or condition from which the patient suffers;
(2) Attests to the fact that the patient concurs with his or her treating physician that no treatment then approved by the United States Food and Drug Administration would likely prolong the patient’s life;
(3) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use;
(4) Describes the potential outcomes, if known, of using the investigational drug, biological product, or device. The description shall include any possibility of worsening symptoms and death hastened by the treatment;
(5) Contains a statement that the patient's health insurance carrier is not obligated to pay for the investigational drug, biological product, or device; and
(6) Makes clear that the patient understands that he or she is liable for all expenses of the investigational drug, biological product, or device.
Source
Laws 2018, LB117, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9605 - Manufacturer of investigational drug, biological product, or device; powers.

71-9605.
Manufacturer of investigational drug, biological product, or device; powers.
A manufacturer of an investigational drug, biological product, or device may make the treatment available pursuant to the Investigational Drug Use Act. An eligible patient may request the manufacturer's investigational drug, biological product, or device for treatment pursuant to the act. The act does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.
Source
Laws 2018, LB117, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9607 - Death of patient; effect on debt.

71-9607.
Death of patient; effect on debt.
If an eligible patient dies while being treated by an investigational drug, biological product, or device, the manufacturer may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the eligible patient's or his or her caretaker's estate.
Source
Laws 2018, LB117, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9608 - Good-faith recommendation; effect on discipline or adverse licensure action.

71-9608.
Good-faith recommendation; effect on discipline or adverse licensure action.
A good-faith recommendation to an eligible patient regarding access to treatment with an investigational drug, biological product, or device shall not subject the health care provider to discipline or an adverse licensure action.
This section does not preclude any penalties under federal law, including 42 U.S.C. 1395.
Source
Laws 2018, LB117, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9609 - Treating physician.

71-9609.
Treating physician.
A treating physician while acting in good faith in the course of his or her professional practice as authorized by the Investigational Drug Use Act may not be subject to arrest, prosecution, penalty, or denial of any right or privilege granted otherwise.
Source
Laws 2018, LB117, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9610 - Official, employee, or agent of the state.

71-9610.
Official, employee, or agent of the state.
No official, employee, or agent of this state may block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or recommendations consistent with medical standards of care from a licensed health care provider is not a violation of this section.
Source
Laws 2018, LB117, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-9611 - No private cause of action created.

71-9611.
No private cause of action created.
The Investigational Drug Use Act does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity has complied in good faith with the terms of the act.
Source
Laws 2018, LB117, § 11.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-101 - Sale or lease; how validated.

72-101.
Sale or lease; how validated.
In cases in which contracts for the sale or lease of lands owned by the state have been duly signed, executed and delivered to the purchaser or purchasers or lessees named in such contracts, by the proper state officers, the omission on the part of the proper officers to have first offered such lands at public sale shall not invalidate the private sales or leasing of such lands; but the purchaser or purchasers or lessees in such contracts mentioned, or their assignees, upon performance by them of the covenants and conditions on their part, by the terms of such contracts to be done, kept and performed, shall be entitled to a deed or contract of sale from the state for such lands; and the proper officers of the state in such cases are authorized and directed to make, execute and deliver to such purchaser or purchasers or lessees, or their assignees, deeds or contracts of sale from the state, which deeds, when properly executed and delivered, shall convey all right, title and interest of the state in and to the lands described therein.
Source
Laws 1887, c. 54, § 1, p. 524;
R.S.1913, § 5838;
C.S.1922, § 5174;
C.S.1929, § 72-101;
R.S.1943, § 72-101.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-102 - Public land; confirmed to the state; where recorded.

72-102.
Public land; confirmed to the state; where recorded.
Whenever any communication shall be received by the Governor, or by any of the departments of the state government, from the Secretary of the Interior, when or whereby any lands or selection thereof shall be confirmed or certified to this state under or by virtue of any grant or Act of Congress, it shall be the duty of the Governor to cause a copy to be prepared, certified under the State Seal, and recorded in each of the counties of this state in which any of the lands in such communication are situated.
Source
Laws 1872, § 2, p. 7;
R.S.1913, § 5839;
C.S.1922, § 5175;
C.S.1929, § 72-102;
R.S.1943, § 72-102.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-103 - Public land; confirmation; record; fee.

72-103.
Public land; confirmation; record; fee.
It shall be the duty of the several county clerks to whom any such copy shall be presented to record it in the books in which land patents are or may be recorded, and in the order in which such copy may be received. The clerks shall be entitled to the same fees for recording such copies as are allowed by law for recording deeds, which fees shall be paid them out of the General Fund upon the warrant of the Director of Administrative Services.
Source
Laws 1872, § 3, p. 7;
R.S.1913, § 5840;
C.S.1922, § 5176;
C.S.1929, § 72-103;
R.S.1943, § 72-103.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-104 - Public land; record of confirmation; receipt as evidence.

72-104.
Public land; record of confirmation; receipt as evidence.
Each such copy, the record thereof, or a transcript of such record, certified under the hand and seal of the county clerk in whose office the same shall be recorded, shall be received in all courts and places whatever as evidence of each and every fact and thing therein stated, as well as of the absolute title of the United States in and to the lands therein described at the date of such communication.
Source
Laws 1872, § 4, p. 8;
R.S.1913, § 5841;
C.S.1922, § 5177;
C.S.1929, § 72-104;
R.S.1943, § 72-104.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-105 - Shelterbelts; cooperation with federal government.

72-105.
Shelterbelts; cooperation with federal government.
The Board of Educational Lands and Funds may enter into cooperative agreements with the officers and agents of the United States of America for the improvement by the United States of state educational and other lands, not under the control of the Board of Educational Lands and Funds, by the establishment and maintenance thereon of shelterbelts composed of trees, other plants, and necessary protective structures and works.
Source
Laws 1935, c. 144, § 1, p. 538;
C.S.Supp.,1941, § 72-108;
R.S.1943, § 72-105.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-106 - Shelterbelts; agreements; contents; recording.

72-106.
Shelterbelts; agreements; contents; recording.
Every such agreement shall describe particularly the land to be covered by the shelterbelt, and shall be recorded in the county where such land is situated; and, thereafter, all leases, sales, and other disposition of such land shall be subject to such agreement.
Source
Laws 1935, c. 144, § 2, p. 538;
C.S.Supp.,1941, § 72-109;
R.S.1943, § 72-106.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-107 - Shelterbelts; no expenditures authorized.

72-107.
Shelterbelts; no expenditures authorized.
Sections 72-105 to 72-107 shall not be construed to authorize the Board of Educational Lands and Funds to spend any funds which may be under its jurisdiction, nor to incur indebtedness, under the above-mentioned agreements.
Source
Laws 1935, c. 144, § 3, p. 538;
C.S.Supp.,1941, § 72-110;
R.S.1943, § 72-107.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-108 - Conveyances of real estate; custody after recording; exception.

72-108.
Conveyances of real estate; custody after recording; exception.
All deeds or other instruments conveying any interest in lands to the State of Nebraska, or to any board, department, or commission thereof, shall be carefully deposited in the office of the Board of Educational Lands and Funds for safekeeping after they have been duly recorded in the office of the register of deeds in the county where the real estate is located. This section shall not apply to deeds or other instruments conveying any interest in lands to the Department of Transportation or the Game and Parks Commission.
Source
Laws 1957, c. 301, § 1, p. 1105;
Laws 1965, c. 433, § 1, p. 1381;
Laws 2017, LB339, § 246.
Cross References
Records of state lands, see section 84-401.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-201.01 - Plan for sale of educational lands; plan for investment of funds; state investment officer; duties.

72-201.01.
Plan for sale of educational lands; plan for investment of funds; state investment officer; duties.
(1) The Board of Educational Lands and Funds shall prepare a plan for the sale of educational lands over which the board has general management and control on July 19, 1996. The plan shall be submitted to the Education Committee of the Legislature on or before December 1, 1996. The plan shall provide for the sale of enough of the total of the educational lands by January 1, 2008, to result in one-fourth of the value of the school trust permanent portfolio being invested by the board in real property located within the State of Nebraska and the remaining three-fourths of the value of the school trust permanent portfolio being invested by the state investment officer. The plan shall be implemented beginning on July 1, 1997. In no case shall the plan or any part of it be executed if such execution violates the fiduciary duties of the board.
(2) Any sale under this section shall not include mineral rights.
(3) The state investment officer shall prepare a plan for investment of the funds derived from the sale of educational lands under the board's plan developed under this section. The state investment officer's plan shall be submitted to the Education Committee of the Legislature on or before December 1, 1996. The plan shall include estimated rates of return for the invested funds.
(4) For purposes of this section, value of the school trust permanent portfolio means the total fair market value of the educational lands and of all stocks, bonds, and other assets comprising the permanent school fund.
Source
Laws 1996, LB 1205, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-201.03 - Board of Educational Lands and Funds; branch office; establish.

72-201.03.
Board of Educational Lands and Funds; branch office; establish.
The Board of Educational Lands and Funds shall have authority to establish and maintain a branch office in the state as the board shall designate.
Source
Laws 1961, c. 348, § 1, p. 1107.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-202 - School funds; investments.

72-202.
School funds; investments.
The Board of Educational Lands and Funds shall notify the state investment officer of the funds derived from the sale of school lands. Any such funds and the interest therefrom shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The state investment officer shall manage the funds as follows: (1) When necessary to pay a premium for bonds for such funds, the amount of the premium shall be amortized over the term of the bonds from the interest received on such bonds; and (2) when bonds for such funds are purchased at a discount, the amount of the discount shall be used to purchase additional bonds.
Source
Laws 1899, c. 69, § 2, p. 301;
Laws 1909, c. 129, § 1, p. 473;
R.S.1913, § 5846;
Laws 1917, c. 113, § 1, p. 285;
C.S.1922, § 5182;
C.S.1929, § 72-202;
Laws 1931, c. 119, § 1, p. 349;
Laws 1933, c. 141, § 1, p. 551;
Laws 1937, c. 159, § 1, p. 622;
C.S.Supp.,1941, § 72-202;
R.S.1943, § 72-202;
Laws 1951, c. 235, § 1, p. 840;
Laws 1959, c. 263, § 11, p. 943;
Laws 1969, c. 584, § 76, p. 2392;
Laws 1971, LB 52, § 1;
Laws 1983, LB 238, § 1;
Laws 1995, LB 7, § 83;
Laws 1999, LB 779, § 13.
Cross References
For other investment provisions, see sections 77-2204 and 77-2205.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Permanent Endowment Fund, see section 85-123.
State colleges, endowment fund, see section 85-317.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-203 - School lands; abstracts and records; where kept.

72-203.
School lands; abstracts and records; where kept.
The Board of Educational Lands and Funds shall keep in its office a full and complete abstract of all educational lands of the State of Nebraska, and such other records as are necessary to show the condition of each tract of land from the time title was acquired by the state.
Source
Laws 1899, c. 69, § 3, p. 301;
R.S.1913, § 5847;
C.S.1922, § 5183;
C.S.1929, § 72-203;
Laws 1935, c. 163, § 2, p. 594;
C.S.Supp.,1941, § 72-203;
R.S.1943, § 72-203.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-204 - School lands; classification required; report.

72-204.
School lands; classification required; report.
The Board of Educational Lands and Funds shall cause school land to be classified for rental purposes (1) at least once each five years, (2) each time that the land is leased or that an assignment of a lease is made, and (3) when the board deems it to be in the best interest of the state. The leasing of the land shall be regulated by sections 72-232 to 72-239. When a lease is offered for sale, the new rental shall be made public. When the board has ordered the reclassification of any of the school lands in any county, it shall prescribe the method and promulgate rules governing the classification of educational lands. It shall have a classification of all the educational lands in the county prepared by a competent person, who shall make a detailed field examination of each forty-acre tract of educational lands for the purpose of obtaining information as to the type and rating of the soil, its adaptability, the topographical character of the land, and the location and number of acres of each type. His or her report of such field examination shall be prepared in the form of a detailed map with complete explanations and shall be filed with the board. The board may employ private appraisal firms to aid it in determining the value of educational lands.
Source
Laws 1899, c. 69, § 4, p. 301;
R.S.1913, § 5848;
Laws 1921, c. 80, § 1, p. 289;
C.S.1922, § 5184;
C.S.1929, § 72-204;
Laws 1933, c. 142, § 1, p. 553;
Laws 1935, c. 163, § 3, p. 594;
C.S.Supp.,1941, § 72-204;
R.S.1943, § 72-204;
Laws 1953, c. 253, § 1, p. 859;
Laws 1999, LB 779, § 14.
Annotations
Administrative determination of value of school lands is for the purpose of securing a basis for fixing the annual rent. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
This section must be construed to require the state's rights and interest in the land to be appraised, which does not include improvements by settlers upon indemnity school lands which by the act of 1875 belonged to such settlers. State v. McCright, 76 Neb. 732, 108 N.W. 138 (1906), rehearing denied 76 Neb. 738, 112 N.W. 315 (1907).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-205 - School lands; changes in valuation; rental schedule; factors.

72-205.
School lands; changes in valuation; rental schedule; factors.
All school land shall be subject to lease at fair market rental as determined by the Board of Educational Lands and Funds. When the board deems it expedient to raise or lower the rental and the appraised rental valuation of school lands, the board shall adopt rental schedules according to classification and schedules of valuations for the counties involved. In arriving at such rental schedules, the board shall consider the rental of other lands similarly situated and any other relevant factors bearing upon the rental of such school lands. The fair market rental as determined by the board shall then be capitalized at an annual rate of four percent to compute the appraised rental valuation.
Source
Laws 1921, c. 80, § 1, p. 289;
C.S.1922, § 5184;
C.S.1929, § 72-204;
Laws 1933, c. 142, § 1, p. 553;
Laws 1935, c. 163, § 3, p. 594;
C.S.Supp.,1941, § 72-204;
R.S.1943, § 72-205;
Laws 1947, c. 235, § 1, p. 743;
Laws 1949, c. 212, § 1, p. 602;
Laws 1999, LB 779, § 15.
Annotations
Administrative determination of value for rent purposes does not fix value which state must receive for land taken under eminent domain proceedings. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-205.01 - Rental schedules; semiannual rental; file in office of county treasurer; notice.

72-205.01.
Rental schedules; semiannual rental; file in office of county treasurer; notice.
After the adoption of new rental schedules according to classification and schedules of valuations, as provided by section 72-205, such schedules together with a tabulation of the valuation and the amount of semiannual rental of each lease shall be filed in the office of the county treasurer of such county not less than ninety days prior to the effective date of the new rentals. Notice of such filing shall be given by one publication in a newspaper of general circulation published within the county or, if more than one newspaper of general circulation is published in the county, then in two of such newspapers. If no newspaper is published in the county, it shall be so published in a newspaper of general circulation therein. The board shall further advise each lessee by mailing to his or her last address of record a letter or postal card notifying him or her of the amount of his or her semiannual rental.
Source
Laws 1949, c. 212, § 2, p. 602;
Laws 1999, LB 779, § 16.