reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8308 - Charges authorized; right to cancel membership; plan sold in conjunction with other products; duties.

44-8308.
Charges authorized; right to cancel membership; plan sold in conjunction with other products; duties.
(1) A discount medical plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount medical plan.
(2)(a)(i) If a member cancels his or her membership in the discount medical plan organization within thirty days after the date of receipt of the written document for the discount medical plan described in subsection (4) of section 44-8311, the member shall receive a reimbursement of all periodic charges and the amount of any one-time processing fee that exceeds thirty dollars upon return of the discount medical plan card to the discount medical plan organization.
(ii)(A) Cancellation occurs when notice of cancellation is given to the discount medical plan organization.
(B) Notice of cancellation is deemed given when delivered by hand or deposited in a mailbox, properly addressed, and postage prepaid to the mailing address of the discount medical plan organization.
(iii) A discount medical plan organization shall return any periodic charge charged or collected after the member has returned the discount medical plan card or given the discount medical plan organization notice of cancellation.
(b) If the discount medical plan organization cancels a membership for any reason other than nonpayment of charges by the member, the discount medical plan organization shall make a pro rata reimbursement of all periodic charges to the member.
(3) When a marketer or discount medical plan organization sells a discount medical plan in conjunction with any other products, the marketer or discount medical plan organization shall:
(a) Provide the charges for each discount medical plan in writing to the member; or
(b) Reimburse the member for all periodic charges for the discount medical plan if the member cancels his or her membership in accordance with subdivision (2)(a) of this section.
(4) Any discount medical plan organization that is a health carrier that provides a discount medical plan product that is incidental to the insured product is not subject to this section.
Source
Laws 2008, LB855, § 40.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8310 - Marketing; written agreement required; approval of advertising; powers of director.

44-8310.
Marketing; written agreement required; approval of advertising; powers of director.
(1) A discount medical plan organization may market directly or contract with other marketers for the distribution of its product.
(2)(a) The discount medical plan organization shall have an executed written agreement with each marketer prior to the marketer's marketing, promoting, selling, or distributing the discount medical plan.
(b) The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures, and discount medical plan cards without the discount medical plan organization's approval in writing.
(c) The discount medical plan organization shall be bound by and responsible for the activities of a marketer that are within the scope of the marketer's agency relationship with the organization.
(3) A discount medical plan organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards used by marketers to market, promote, sell, or distribute the discount medical plan prior to their use.
(4) Upon request, a discount medical plan organization shall submit to the director all advertising, marketing materials, and brochures regarding a discount medical plan.
Source
Laws 2008, LB855, § 42.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8312 - Change in information; notice to director.

44-8312.
Change in information; notice to director.
Each discount medical plan organization shall provide the director notice of any change in the discount medical plan organization's name, address, telephone number, principal business address or mailing address, or Internet website address no less than thirty days before such change is to occur.
Source
Laws 2008, LB855, § 44.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8313 - Annual report; contents; failure to file; effect.

44-8313.
Annual report; contents; failure to file; effect.
(1) If the information required in subsection (2) of this section is not provided at the time of renewal of a certificate of registration under section 44-8306, a discount medical plan organization shall file an annual report with the director in the form prescribed by the director within three months after the end of each fiscal year.
(2) The report shall include:
(a) If different from the initial application for a certificate of registration or at the time of renewal of a certificate of registration, a list of the names and residence addresses of all persons responsible for the conduct of the organization's affairs, together with a disclosure of the extent and nature of any contracts or arrangements with such persons and the discount medical plan organization, including any possible conflicts of interest;
(b) The number of discount medical plan members in the state; and
(c) Any other information relating to the performance of the discount medical plan organization that may be required by the director.
(3)(a) Any discount medical plan organization that fails to file an annual report in the form and within the time required by this section shall forfeit:
(i) Up to five hundred dollars each day for the first ten days during which the violation continues; and
(ii) Up to one thousand dollars each day after the first ten days during which the violation continues.
(b) Upon notice by the director, the discount medical plan organization described in subdivision (a) of this subsection shall lose its authority to enroll new members or to do business in this state if the violation continues.
Source
Laws 2008, LB855, § 45.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8314 - Violation; unfair trade practice; administrative penalty; fraudulent insurance act; restitution.

44-8314.
Violation; unfair trade practice; administrative penalty; fraudulent insurance act; restitution.
(1) A violation of the Discount Medical Plan Organization Act shall be an unfair trade practice under the Unfair Insurance Trade Practices Act.
(2) In addition to the penalties and other enforcement provisions of the Discount Medical Plan Organization Act, any person who willfully violates the act is subject to administrative penalties of up to one thousand dollars per violation.
(3) A person that willfully operates as or aids and abets another operating as a discount medical plan organization in violation of subsection (1) of section 44-8306 commits a fraudulent insurance act under section 28-631.
(4) A person that collects fees for purported membership in a discount medical plan but purposefully fails to provide the promised benefits commits a fraudulent insurance act under section 28-631. In addition, upon conviction, such person shall be ordered to pay restitution to persons aggrieved by the violation of the act. Restitution shall be ordered in addition to a fine or imprisonment, but not in lieu of such fine or imprisonment.
Source
Laws 2008, LB855, § 46.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8315 - Violations of act; cease and desist order; hearing; appeal; director; additional powers.

44-8315.
Violations of act; cease and desist order; hearing; appeal; director; additional powers.
(1) The director may issue an order directing a discount medical plan organization to cease and desist from engaging in any action or practice in violation of the Discount Medical Plan Organization Act. Within ten days after service of the cease and desist order, the organization may request a hearing on the question of whether an action or practice in violation of the act has occurred. Such hearing shall be conducted as provided by the Administrative Procedure Act. The organization may appeal the decision of the director. Such appeal shall be in accordance with the Administrative Procedure Act.
(2)(a) In addition to the penalties and other enforcement provisions of the Discount Medical Plan Organization Act, the director may seek both temporary and permanent injunctive relief when:
(i) A discount medical plan is being operated by a person or entity that is not registered pursuant to the act; or
(ii) Any person, entity, or discount medical plan organization has engaged in any activity prohibited by the act or any rules or regulations adopted and promulgated pursuant to the act.
(b) The district court of Lancaster County shall have exclusive jurisdiction over any proceeding brought pursuant to this section.
(3) The director's authority to seek relief under this section is not conditioned upon having conducted any proceeding pursuant to the provisions of the Administrative Procedure Act.
Source
Laws 2008, LB855, § 47.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8402 - Legislative findings.

44-8402.
Legislative findings.
(1) The Legislature finds that:
(a) In the federal Patient Protection and Affordable Care Act, Public Law 111-148, federal tax dollars are routed via affordability credits to qualified health insurance plans offered through a health insurance exchange created under the act, including plans that provide coverage for abortion;
(b) Federal funding for health insurance plans that cover abortions is prohibited by the federal statutory restriction commonly known as the Hyde Amendment and the Federal Employees Health Benefits Program established under Chapter 89 of Title 5 of the United States Code, as amended;
(c) Section 1303 of the federal Patient Protection and Affordable Care Act explicitly permits each state to pass laws prohibiting qualified health insurance plans offered through a health insurance exchange created under the act in such state from offering abortion coverage. Such section allows a state to prohibit the use of public funds to subsidize health insurance plans that cover abortions within the state;
(d) The laws of the State of Nebraska provide that group health insurance plans or health maintenance agreements paid for with public funds shall not cover abortion unless necessary to prevent the death of the woman;
(e) Rust v. Sullivan, 500 U.S. 173 (1991), states that it is permissible for a state to engage in unequal subsidization of abortion and other medical services to encourage alternative activity deemed in the public interest; and
(f) A majority of the citizens of the State of Nebraska, like other Americans, oppose the use of public funds, both federal and state, to pay for abortions.
(2) Based on the findings in subsection (1) of this section, it is the purpose of the Mandate Opt-Out and Insurance Coverage Clarification Act to affirmatively opt out of allowing qualified health insurance plans that cover abortions to participate in health insurance exchanges within the State of Nebraska. Further, it is also the purpose of the act to limit the coverage of abortion in all health insurance plans, contracts, or policies delivered or issued for delivery in the State of Nebraska.
Source
Laws 2011, LB22, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8403 - Qualified health insurance plan offered through health insurance exchange; abortion coverage; restriction; health insurance plan, contract, or policy; optional rider.

44-8403.
Qualified health insurance plan offered through health insurance exchange; abortion coverage; restriction; health insurance plan, contract, or policy; optional rider.
(1) No abortion coverage shall be provided by a qualified health insurance plan offered through a health insurance exchange created pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-148, within the State of Nebraska. This subsection shall not apply to coverage for an abortion which is verified in writing by the attending physician as necessary to prevent the death of the woman or to coverage for medical complications arising from an abortion.
(2) No health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska shall provide coverage for an elective abortion except through an optional rider to the policy for which an additional premium is paid solely by the insured. This subsection applies to any health insurance plan, contract, or policy delivered or issued for delivery in the State of Nebraska by any health insurer, any nonprofit hospital, medical, surgical, dental, or health service corporation, any group health insurer, and any health maintenance organization subject to the laws of insurance in this state and any employer providing self-funded health insurance for his or her employees. This subsection also applies to any plan provision of hospital, medical, surgical, or funeral benefits or of coverage against accidental death or injury if such benefits or coverage are incidental to or a part of any other insurance plan delivered or issued for delivery in the State of Nebraska.
(3) The issuer of a health insurance plan, contract, or policy in the State of Nebraska shall not provide any incentive or discount to an insured if the insured elects abortion coverage.
(4) For purposes of this section, elective abortion means an abortion (a) other than a spontaneous abortion or (b) that is performed for any reason other than to prevent the death of the female upon whom the abortion is performed.
Source
Laws 2011, LB22, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8502 - Terms, defined.

44-8502.
Terms, defined.
For purposes of the Portable Electronics Insurance Act:
(1) Customer means a person who purchases portable electronics;
(2) Covered customer means a customer who elects coverage pursuant to a portable electronics insurance policy issued to a vendor of portable electronics;
(3) Director means the Director of Insurance;
(4) Location means any physical location in this state or any website, call center, or other site or similar location to which Nebraska customers may be directed;
(5) Portable electronics means any nonstationary electronic equipment and its accessories capable of communications or data processing or utility including, but not limited to, a laptop, a tablet, a wearable computer, a personal communications device such as a cellular or mobile telephone, a hand-held smart phone, a media player, an e-reader, a personal digital assistant, devices used for data collection, global positioning, or monitoring, and other devices that may or may not incorporate wireless transmitters and receivers. Portable electronics does not include telecommunications switching equipment, transmission wires, cellular site transceiver equipment, or other equipment or system used by a telecommunications company to provide telecommunications service to consumers;
(6)(a) Portable electronics insurance means insurance that provides coverage for the repair or replacement of portable electronics and may provide coverage for portable electronics that are lost, stolen, damaged, or inoperable due to mechanical failure or malfunction or suffer other similar causes of loss; and
(b) Portable electronics insurance does not include:
(i) A service contract under the Motor Vehicle Service Contract Reimbursement Insurance Act;
(ii) A service contract or extended warranty providing coverage as described in subdivision (2) of section 44-102.01;
(iii) A policy of insurance providing coverage for a seller's or manufacturer's obligations under a warranty; or
(iv) A homeowner's, renter's, private passenger automobile, commercial multiperil, or other similar policy;
(7) Portable electronics transaction means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer;
(8) Supervising entity means a business entity that is a licensed insurance producer or insurer; and
(9) Vendor means a person in the business of engaging in portable electronics transactions directly or indirectly.
Source
Laws 2011, LB535, § 2;
Laws 2017, LB306, § 1.
Cross References
Motor Vehicle Service Contract Reimbursement Insurance Act, see section 44-3520.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8503 - Vendor; limited lines insurance license; issuance; application; contents.

44-8503.
Vendor; limited lines insurance license; issuance; application; contents.
(1) A vendor shall hold a limited lines insurance license issued under the Portable Electronics Insurance Act to sell or offer coverage under a policy of portable electronics insurance.
(2) The director may issue a limited lines insurance license under the act. Such license shall authorize an employee or authorized representative of a vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in a portable electronics transaction.
(3) The vendor shall submit an application for a limited lines insurance license pursuant to section 44-8504 to the director, and a list of all locations in this state at which the vendor intends to offer such insurance coverage shall accompany the application. A vendor shall maintain such list and make it available for the director upon request.
(4) Notwithstanding any other provision of law, a limited lines insurance license issued under the act shall authorize the vendor and its employees or authorized representatives to engage in the activities permitted by the act.
Source
Laws 2011, LB535, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8504 - Limited lines insurance license; application; contents; period valid; fees.

44-8504.
Limited lines insurance license; application; contents; period valid; fees.
(1) An application for a limited lines insurance license shall be made to and filed with the director on forms prescribed and furnished by the director.
(2) An application for an initial or a renewal license shall:
(a) Provide the name, residence address, and other information required by the director for an employee or authorized representative of the vendor that is designated by the vendor as the person responsible for the vendor's compliance with the Portable Electronics Insurance Act. If the vendor derives more than fifty percent of its revenue from the sale of portable electronics insurance, the information required by this subdivision shall be provided for all persons of record having beneficial ownership of ten percent or more of any class of securities of the vendor registered under federal securities law; and
(b) Provide the location of the vendor's home office.
(3) Any application for licensure under the act for an existing vendor shall be made within ninety days after the application is made available by the director.
(4) An initial license issued pursuant to the act shall be valid for one year and expires on April 30 of each year.
(5) Any vendor licensed under the act shall pay an initial license fee to the director in an amount prescribed by the director but not to exceed one hundred dollars and shall pay a renewal fee in an amount prescribed by the director but not to exceed one hundred dollars.
Source
Laws 2011, LB535, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8505 - Brochure or written material; available to customer; contents; certificate of insurance; powers of insurer.

44-8505.
Brochure or written material; available to customer; contents; certificate of insurance; powers of insurer.
(1) At each location at which portable electronics insurance is offered to a customer, a brochure or other written material shall be available to the customer which:
(a) Discloses the fact that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other similar insurance coverage;
(b) States that the enrollment by the customer in a portable electronics insurance coverage program is not required in order to purchase or lease portable electronics or services;
(c) Summarizes the material terms of the portable electronics insurance, including:
(i) The identity of the insurer;
(ii) The identity of the supervising entity;
(iii) The amount of any applicable deductible and how it is to be paid;
(iv) The benefits of the coverage; and
(v) The key terms and conditions of the coverage, including whether portable electronics may be repaired or replaced with a similar reconditioned make or model or with nonoriginal manufacturer parts or equipment;
(d) Summarizes the process for filing a claim, including a description of how to return the portable electronics and the maximum fee applicable if the customer fails to comply with any equipment return requirements; and
(e) States that the customer may cancel enrollment for portable electronics insurance coverage at any time and receive any applicable unearned premium refund on a pro rata basis.
(2) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor for its covered customers. A covered customer who elects to enroll for coverage shall receive a certificate of insurance and an explanation of coverage or instructions on how to obtain such materials upon request.
(3) Eligibility and underwriting standards for customers who elect to enroll in portable electronics insurance coverage shall be established by the insurer for each portable electronics insurance program.
Source
Laws 2011, LB535, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8507 - Violations; director; powers; administrative fine.

44-8507.
Violations; director; powers; administrative fine.
If a vendor violates any provision of the Portable Electronics Insurance Act, the director may, after notice and a hearing:
(1) Revoke or suspend a limited lines insurance license issued under the act;
(2) Impose such other penalties, including suspension of the transaction of insurance at specific vendor locations where violations have occurred, as the director deems necessary or convenient to carry out the purposes of the act; and
(3) Impose an administrative fine of not more than one thousand dollars per violation or five thousand dollars in the aggregate.
Source
Laws 2011, LB535, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8508 - Insurer; rights; duties; notice; policy; termination; vendor; duties.

44-8508.
Insurer; rights; duties; notice; policy; termination; vendor; duties.
Notwithstanding any other provision of law:
(1) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the vendor and enrolled customers with at least thirty days' notice, except that:
(a) An insurer may terminate an enrolled customer's insurance policy upon fifteen days' notice for:
(i) Discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim under such policy; or
(ii) Nonpayment of premium; or
(b) An insurer may immediately terminate an enrolled customer's insurance policy:
(i) If the enrolled customer ceases to have active service with the vendor of portable electronics; or
(ii) If an enrolled customer exhausts the aggregate limit of liability, if any, under the portable electronics insurance policy and the insurer sends notice of termination to the customer within thirty days after exhaustion of the limit. If such notice is not sent within the thirty-day period, the customer shall continue to be enrolled in such insurance policy notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the customer;
(2) If the insurer changes the terms and conditions, the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of the material changes;
(3) If a portable electronics insurance policy is terminated by a vendor, the vendor shall mail or deliver written notice to each enrolled customer at least thirty days prior to the termination advising the customer of such termination and of the effective date of termination; and
(4) If notice is required under this section, it shall be:
(a) In writing and may be mailed or delivered to a vendor at the vendor's mailing address and to an enrolled customer at such customer's last-known mailing address on file with the insurer. The insurer or vendor, as applicable, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or a commercial mail delivery service; or
(b) In electronic form. Disclosure of notice in electronic form to the enrolled customer shall be provided within thirty days after the purchase of the portable electronics. If notice is delivered in electronic form, the insurer or vendor, as applicable, shall maintain proof that the notice was sent.
Source
Laws 2011, LB535, § 8;
Laws 2017, LB306, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8509 - Records; maintenance.

44-8509.
Records; maintenance.
Any records pertaining to transactions under the Portable Electronics Insurance Act shall be kept available and open to inspection by the director or his or her representatives with notice and during business hours. Records shall be maintained for three years following the completion of transactions under the act.
Source
Laws 2011, LB535, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8601 - Act, how cited.

44-8601.
Act, how cited.
Sections 44-8601 to 44-8608 shall be known and may be cited as the Insured Homeowners Protection Act.
Source
Laws 2012, LB943, § 1;
Laws 2018, LB743, § 30.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8602 - Terms, defined.

44-8602.
Terms, defined.
For purposes of the Insured Homeowners Protection Act:
(1) Residential contractor means a person in the business of contracting or offering to contract with an owner or possessor of residential real estate to:
(a) Repair or replace a roof system or perform any other exterior repair, replacement, construction, or reconstruction work on residential real estate;
(b) Perform interior or exterior cleanup services on residential real estate;
(c) Arrange for, manage, or process the work referred to in subdivision (1)(a) or (b) of this section; or
(d) Serve as a representative, agent, or assignee of the owner or possessor of residential real estate;
(2) Residential real estate means a new or existing building, including a detached garage, constructed for habitation by at least one but no more than four families; and
(3) Roof system means and includes roof coverings, roof sheathing, roof weatherproofing, and insulation.
Source
Laws 2012, LB943, § 2;
Laws 2018, LB743, § 31.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8603 - Contract to be paid from proceeds of property and casualty insurance policy; right to cancel; notice; residential contractor; duties.

44-8603.
Contract to be paid from proceeds of property and casualty insurance policy; right to cancel; notice; residential contractor; duties.
(1) A person who has entered into a written contract with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the later of the third business day after the person has (a) entered into the written contract or (b) received written notice from the person's insurer that all or part of the claim or contract is not a covered loss under the insurance policy. Cancellation shall be evidenced by the person giving written notice of the cancellation to the residential contractor at the address of the residential contractor's place of business as stated in the contract. Written notice of cancellation may be given by delivering or mailing a signed and dated copy of the written notice of cancellation to the residential contractor at the address of the residential contractor's place of business as stated in the contract. The notice of cancellation shall include a copy of the written notice from the person's insurer, if applicable, to the effect that all or part of the claim or contract is not a covered loss under the insurance policy. Notice of cancellation given by mail shall be effective upon deposit in the United States mail, postage prepaid, if properly addressed to the residential contractor. Notice of cancellation is not required to be in any particular form and is sufficient if the notice indicates, by any form of written expression, the intent of the insured not to be bound by the contract.
(2) Within ten days after a contract to provide goods or services to be paid from the proceeds of a property and casualty insurance policy has been canceled by notification pursuant to this section, the residential contractor shall tender to the person canceling the contract any payments, partial payments, or deposits made by the person and any note or other evidence of indebtedness, except that if the residential contractor has provided any goods or services agreed to by such person in writing to be necessary to prevent damage to the premises, the residential contractor shall be entitled to be paid the reasonable value of such goods or services. Any provision in a contract to provide goods or services to be paid from the proceeds of a property and casualty insurance policy that requires the payment of any fee which is not for such goods or services shall not be enforceable against any person who has canceled a contract pursuant to this section.
Source
Laws 2012, LB943, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8604 - Residential contractor; prohibited acts.

44-8604.
Residential contractor; prohibited acts.
A residential contractor shall not promise to rebate any portion of an insurance deductible as an inducement to the sale of goods or services. A promise to rebate any portion of an insurance deductible includes granting any allowance or offering any discount against the fees to be charged or paying an insured or a person directly or indirectly associated with the residential real estate any form of compensation, except for any item of nominal value.
Source
Laws 2012, LB943, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8605 - Post-loss assignment of rights or benefits; requirements; Department of Insurance; duties.

44-8605.
Post-loss assignment of rights or benefits; requirements; Department of Insurance; duties.
(1) A post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring residential real estate shall comply with the following:
(a) The assignment may authorize a residential contractor to be named as a copayee for the payment of benefits under a property and casualty insurance policy covering residential real estate;
(b) The assignment shall be provided to the insurer of the residential real estate within five business days after execution;
(c) The assignment shall include a statement that the residential contractor has made no assurances that the claimed loss will be fully covered by an insurance contract and shall include the following notice in capitalized fourteen-point type:
YOU ARE AGREEING TO ASSIGN CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY. WITH AN ASSIGNMENT, THE RESIDENTIAL CONTRACTOR SHALL BE ENTITLED TO PURSUE ANY RIGHTS OR REMEDIES THAT YOU, THE INSURED HOMEOWNER, HAVE UNDER YOUR INSURANCE POLICY. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING.
THE INSURER MAY ONLY PAY FOR THE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL, SUBJECT TO THE TERMS OF THE POLICY.
(d) The assignment shall not impair the interest of a mortgagee listed on the declarations page of the property and casualty insurance policy which is the subject of the assignment; and
(e) The assignment shall not prevent or inhibit an insurer from communicating with the named insured or mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.
(2) The Department of Insurance shall strictly enforce the provisions of subdivision (13) of section 44-1540, which requires insurers to provide a named insured a reasonable and accurate explanation of the basis for the denial of a claim or an offer of a compromise settlement.
Source
Laws 2018, LB743, § 32.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8606 - Residential contractor; furnish itemized description; contents.

44-8606.
Residential contractor; furnish itemized description; contents.
Prior to commencement of repair or replacement work, a residential contractor shall furnish the insured and insurer with an itemized description of the work to be done and the materials, labor, and fees for repair or replacement of the damaged residential real estate and the total itemized amount agreed to be paid for the work to be performed, except that the description shall not limit the insured or residential contractor from identifying other goods and services necessary to complete repairs or replacement associated with a covered loss.
Source
Laws 2018, LB743, § 33.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8607 - Notice required.

44-8607.
Notice required.
Any written contract, repair estimate, or work order prepared by a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy shall include the following notice of the prohibition contained in section 44-8604 in capitalized fourteen-point type which shall be signed by the named insured and sent to the named insured's insurer prior to payment of proceeds under the applicable insurance policy:
IT IS A VIOLATION OF THE INSURANCE LAWS OF NEBRASKA TO REBATE ANY PORTION OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO THE INSURED TO ACCEPT A RESIDENTIAL CONTRACTOR'S PROPOSAL TO REPAIR DAMAGED PROPERTY. REBATE OF A DEDUCTIBLE INCLUDES GRANTING ANY ALLOWANCE OR OFFERING ANY DISCOUNT AGAINST THE FEES TO BE CHARGED FOR WORK TO BE PERFORMED OR PAYING THE INSURED HOMEOWNER THE DEDUCTIBLE AMOUNT SET FORTH IN THE INSURANCE POLICY.
THE INSURED HOMEOWNER IS PERSONALLY RESPONSIBLE FOR PAYMENT OF THE DEDUCTIBLE. THE INSURANCE FRAUD ACT AND NEBRASKA CRIMINAL STATUTES PROHIBIT THE INSURED HOMEOWNER FROM ACCEPTING FROM A RESIDENTIAL CONTRACTOR A REBATE OF THE DEDUCTIBLE OR OTHERWISE ACCEPTING ANY ALLOWANCE OR DISCOUNT FROM THE RESIDENTIAL CONTRACTOR TO COVER THE COST OF THE DEDUCTIBLE. VIOLATIONS MAY BE PUNISHABLE BY CIVIL OR CRIMINAL PENALTIES.
Source
Laws 2018, LB743, § 34.
Cross References
Insurance Fraud Act, see section 44-6601.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8802 - Terms, defined.

44-8802.
Terms, defined.
For purposes of the Health Insurance Exchange Navigator Registration Act:
(1) Director means the Director of Insurance;
(2) Exchange means any health insurance exchange established or operating in this state, including any exchange established or operated by the United States Department of Health and Human Services; and
(3) Navigator means any individual or entity, other than an insurance producer or consultant, that receives any funding, directly or indirectly, from an exchange, the state, or the federal government to perform the duties identified in 42 U.S.C. 18031(i)(3), as such section existed on January 1, 2013.
Source
Laws 2013, LB568, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8803 - Navigator; registration required; prohibited acts.

44-8803.
Navigator; registration required; prohibited acts.
(1) No individual or entity shall perform, offer to perform, or advertise any service as a navigator in this state unless registered as a navigator by the director.
(2) A navigator shall not:
(a) Engage in any activities that would require an insurance producer license;
(b) Violate section 44-4050;
(c) Recommend or endorse a particular health plan;
(d) Accept any compensation or consideration from an insurance company, broker, or consultant that is dependent, in whole or in part, on whether a person enrolls in or purchases a qualified health plan; or
(e) Fail to respond to any written inquiry from the director regarding the navigator's duties as a navigator or fail to request additional reasonable time to respond within fifteen working days.
Source
Laws 2013, LB568, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8804 - Individual navigator registration; application; form; contents; fee; entity navigator registration; application; form; contents; fee; notice of federal action; list of employees.

44-8804.
Individual navigator registration; application; form; contents; fee; entity navigator registration; application; form; contents; fee; notice of federal action; list of employees.
(1) An individual applying for an individual navigator registration shall make application to the director on a form developed by the director which, unless preempted by federal law, is accompanied by the initial individual registration fee in an amount not to exceed twenty-five dollars as established by the director. The individual shall declare in the application under penalty of refusal, suspension, or revocation of the registration that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the director shall find that the individual:
(a) Is at least eighteen years of age;
(b) Has successfully passed an examination prescribed by an exchange established or operating in this state and has been authorized to act as a navigator; and
(c) Has identified any entity navigator with which he or she is affiliated and supervised.
(2) An entity applying for an entity navigator registration shall make application on a form developed by the director and which contains the information prescribed by the director and which, unless preempted by federal law, is accompanied by the initial entity registration fee in an amount not to exceed fifty dollars as established by the director.
(3) The director may require any documents deemed necessary to verify the information contained in an application submitted in accordance with subsections (1) and (2) of this section.
(4) A registered navigator shall, in a manner prescribed by the director, notify the director within thirty days of any federal action that restricts or terminates the navigator's authorization to act as a navigator.
(5) A registered entity navigator shall, in a manner prescribed by the director, provide the director with a list of all individual navigators that it employs, supervises, or is affiliated with.
Source
Laws 2013, LB568, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8805 - Registrations; term; renewal; application; fee; federal training and continuing education requirements.

44-8805.
Registrations; term; renewal; application; fee; federal training and continuing education requirements.
(1) Individual and entity registrations shall expire one year after the date of issuance.
(2) An individual navigator may file an application for renewal of a registration on a form developed by the director and, unless preempted by federal law, shall pay the renewal fee in an amount not to exceed twenty-five dollars as established by the director, and an entity navigator may file an application for renewal of a registration on a form developed by the director and, unless preempted by federal law, shall pay the renewal fee in an amount not to exceed fifty dollars as established by the director. An individual navigator who fails to file prior to the expiration of the current registration for registration renewal, unless preempted by federal law, shall pay a late fee in an amount not to exceed fifty dollars as established by the director, and an entity navigator that fails to file prior to the expiration of the current registration for registration renewal, unless preempted by federal law, shall pay a late fee in an amount not to exceed fifty dollars as established by the director.
(3) Any failure to fulfill the federal ongoing training and continuing education requirements shall result in the expiration of the registration.
Source
Laws 2013, LB568, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8806 - Navigator; individual with existing health insurance coverage; information.

44-8806.
Navigator; individual with existing health insurance coverage; information.
On contact with an individual who acknowledges having existing health insurance coverage obtained through a licensed insurance producer, a navigator shall make a reasonable effort to inform the individual that he or she may, but is not required to, seek further assistance from that producer or another licensed producer for information, assistance, and any other services and that tax credits may not be available to offset the premium cost of plans that are marketed outside of the exchange.
Source
Laws 2013, LB568, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8807 - Director; disciplinary actions authorized; powers to examine business affairs and records; notice; hearing.

44-8807.
Director; disciplinary actions authorized; powers to examine business affairs and records; notice; hearing.
(1) The director, after notice and hearing, may place on probation, suspend, revoke, or refuse to issue, renew, or reinstate a navigator registration for violation of the Health Insurance Exchange Navigator Registration Act.
(2) Except as otherwise provided by law, the director may examine and investigate the business affairs and records of any navigator as such business affairs and records regard the navigator's duties as a navigator to determine whether the navigator has engaged or is engaging in any violation of the act.
(3) An entity navigator registration may be suspended or revoked or renewal or reinstatement thereof may be refused if the director finds, after notice and hearing, that an individual navigator's violation was known by the employing or supervising entity navigator and the violation was not reported to the director and no corrective action was undertaken.
Source
Laws 2013, LB568, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8902 - Applicability of act.

44-8902.
Applicability of act.
Except as provided in sections 44-8905, 44-8906, and 44-8907, the Standard Valuation Act applies to those policies and contracts issued on or after the operative date of the valuation manual designated in subsection (2) of section 44-8908.
Source
Laws 2014, LB755, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8903 - Terms, defined.

44-8903.
Terms, defined.
For the purposes of the Standard Valuation Act:
(1) Accident and health insurance contract means a contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the valuation manual;
(2) Appointed actuary means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required in sections 44-421 to 44-425 and 44-8905;
(3) Company means an entity which has (a) written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one such policy in force or on claim or (b) written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance, or deposit-type contracts in this state;
(4) Deposit-type contract means a contract that does not incorporate mortality or morbidity risks and as may be specified in the valuation manual;
(5) Director means the Director of Insurance;
(6) Life insurance contract means a contract that incorporates mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual;
(7) Policyholder behavior means any action a policyholder, a contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to the act including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract;
(8) Principle-based valuation means a reserve valuation that uses one or more methods or one or more assumptions determined by the insurer and is required to comply with section 44-8909 as specified in the valuation manual;
(9) Qualified actuary means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual;
(10) Reserves means reserve liabilities;
(11) Tail risk means a risk that occurs either when the frequency of low probability events is higher than expected under a normal probability distribution or when there are observed events of very significant size or magnitude; and
(12) Valuation manual means the valuation manual prescribed by the director which conforms substantially to the valuation manual developed and adopted by the National Association of Insurance Commissioners.
Source
Laws 2014, LB755, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8904 - Director; valuation of reserves; duties; powers.

44-8904.
Director; valuation of reserves; duties; powers.
The director shall annually value, or cause to be valued, the reserves for all outstanding life insurance contracts, accident and health insurance contracts, and deposit-type contracts of every company issued on or after the operative date of the valuation manual. In lieu of the valuation of the reserves required of a foreign or alien company, the director may accept a valuation made, or caused to be made, by the insurance supervisory official of any state or other jurisdiction when the valuation complies with the minimum standard provided in the Standard Valuation Act.
Source
Laws 2014, LB755, § 4.
Cross References
For operative date of valuation manual, see section 44-8908.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-8906 - Minimum standard of valuation; applicability to contracts; when.

44-8906.
Minimum standard of valuation; applicability to contracts; when.
For accident and health insurance contracts issued on or after the operative date of the valuation manual designated in subsection (2) of section 44-8908, the standard prescribed in the valuation manual is the minimum standard of valuation required under section 44-8904. For disability and sickness and accident insurance contracts issued on or after the operative date defined in section 44-407.07 and prior to the operative date of the valuation manual, the minimum standard of valuation is the standard adopted and promulgated by the director by rule and regulation.
Source
Laws 2014, LB755, § 6.