reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1317 - Health carrier; disclosure; format; contents.

44-1317.
Health carrier; disclosure; format; contents.
(1)(a) Each health carrier shall include a description of the external review procedures in or attached to the policy, certificate, membership booklet, outline of coverage, or other evidence of coverage it provides to covered persons.
(b) The disclosure required by subdivision (1)(a) of this section shall be in a format prescribed by the director.
(2) The description required under subsection (1) of this section shall include a statement that informs the covered person of the right of the covered person to file a request for an external review of an adverse determination or final adverse determination with the director. The statement may explain that external review is available when the adverse determination or final adverse determination involves an issue of medical necessity, appropriateness, health care setting, level of care, or effectiveness. The statement shall include the telephone number and address of the director.
(3) In addition to the contents required by subsection (2) of this section, the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review.
Source
Laws 2013, LB147, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1402 - Terms, defined.

44-1402.
Terms, defined.
For purposes of the Nebraska Right to Shop Act:
(1) Allowed amount means the contractually agreed-upon amount paid by an insurance carrier to a health care entity participating in the insurance carrier’s network or the amount the health plan is required to pay under the health plan policy or certificate of insurance for out-of-network covered benefits provided to the patient;
(2) Department means the Department of Insurance;
(3) Director means the Director of Insurance;
(4) Enrollee means an individual receiving health insurance coverage from an insurance carrier;
(5) Health care entity means:
(a) A facility licensed under the Health Care Facility Licensure Act;
(b) A health care professional licensed under the Uniform Credentialing Act; and
(c) An organization or association of health care professionals licensed under the Uniform Credentialing Act;
(6) Incentive payment means a payment described in section 44-1407 that is made by an insurance carrier to an enrollee;
(7) Insurance carrier means any entity that provides health insurance in this state. Insurance carrier includes (a) an insurance company, (b) a fraternal benefit society, (c) a health maintenance organization, and (d) any other entity providing a plan of health insurance or health benefits subject to state insurance regulation;
(8) Shared savings incentive payment program means a program established by an insurance carrier pursuant to section 44-1407 to provide incentive payments to enrollees; and
(9) Shoppable health care service means a health care service for which an insurance carrier offers incentive payments under a shared savings incentive payment program established by the insurance carrier. Shoppable health care service includes, at a minimum, health care services in the following categories:
(a) Physical and occupational therapy services;
(b) Obstetrical and gynecological services;
(c) Radiology and imaging services;
(d) Laboratory services;
(e) Infusion therapy;
(f) Inpatient or outpatient surgical procedures; and
(g) Outpatient nonsurgical diagnostic tests or procedures.
Source
Laws 2018, LB1119, § 12.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1403 - Applicability of act; election; notice.

44-1403.
Applicability of act; election; notice.
The Nebraska Right to Shop Act shall apply to any insurance carrier that elects to be subject to the act. An insurance carrier making such election shall file a notice of the election with the department.
Source
Laws 2018, LB1119, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1404 - Health care entity; disclose allowed amount or charge; updated estimate; other cost estimate.

44-1404.
Health care entity; disclose allowed amount or charge; updated estimate; other cost estimate.
(1) Prior to a nonemergency admission, procedure, or service and upon request by a patient or prospective patient, a health care entity within the patient’s or prospective patient’s insurer network shall, within three working days, disclose the allowed amount of the nonemergency admission, procedure, or service, including the amount for any facility fees required, to the patient or prospective patient.
(2) Prior to a nonemergency admission, procedure, or service and upon request by a patient or prospective patient, a health care entity outside the patient’s or prospective patient’s insurer network shall, within three working days, disclose the amount that will be charged for the nonemergency admission, procedure, or service, including the amount for any facility fees required, to the patient or prospective patient.
(3) If a health care entity is unable to quote a specific amount under subsection (1) or (2) of this section in advance due to the health care entity’s inability to predict the specific treatment or diagnostic code, the health care entity shall disclose what is known for the estimated amount for a proposed nonemergency admission, procedure, or service, including the amount for any facility fees required. A health care entity shall disclose the incomplete nature of the estimate and shall inform the patient or prospective patient of his or her ability to obtain an updated estimate once additional information is determined.
(4) If a patient or prospective patient is covered by insurance, a health care entity that participates in an insurance carrier’s network shall, upon request of a patient or prospective patient, provide, based on the information available to the health care entity at the time of the request, sufficient information regarding the proposed nonemergency admission, procedure, or service for the patient or prospective patient to receive a cost estimate from his or her insurance carrier to identify out-of-pocket costs, which could be through an insurance carrier's toll-free telephone number or website. A health care entity may assist a patient or prospective patient in using an insurance carrier’s toll-free telephone number or website.
Source
Laws 2018, LB1119, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1405 - Insurance carrier; interactive mechanism on website; duties.

44-1405.
Insurance carrier; interactive mechanism on website; duties.
An insurance carrier shall establish an interactive mechanism on its publicly accessible website that enables an enrollee to request and obtain from the insurance carrier information on the payments made by the insurance carrier to network providers for health care services. The interactive mechanism must allow an enrollee seeking information about the cost of a particular health care service to compare costs among network providers.
Source
Laws 2018, LB1119, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1406 - Estimate of out-of-pocket amount.

44-1406.
Estimate of out-of-pocket amount.
(1) Within two working days of an enrollee’s request, an insurance carrier shall provide a good faith estimate of the amount the enrollee will be responsible to pay out-of-pocket for a proposed nonemergency procedure or service that is a medically necessary covered benefit from an insurance carrier’s network provider, including any copayment, deductible, coinsurance, or other out-of-pocket amount for any covered benefit, based on the information available to the insurance carrier at the time the request is made.
(2) Nothing in this section shall prohibit an insurance carrier from imposing cost-sharing requirements disclosed in the enrollee’s certificate of coverage for unforeseen health care services that arise out of the nonemergency procedure or service or for a procedure or service provided to an enrollee that was not included in the original estimate.
(3) An insurance carrier shall notify the enrollee that the amounts provided under subsection (1) of this section are estimated costs and that the actual amount the enrollee will be responsible to pay may vary due to unforeseen services that arise out of the proposed nonemergency procedure or service.
Source
Laws 2018, LB1119, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1407 - Shared savings incentive payment program; incentive payments; calculation.

44-1407.
Shared savings incentive payment program; incentive payments; calculation.
(1) An insurance carrier shall develop and implement a shared savings incentive payment program that provides incentive payments for enrollees in a health plan who elect to receive shoppable health care services that are covered by the plan from providers that charge less than the average price paid by that insurance carrier for that shoppable health care service.
(2) Incentive payments may be calculated as a percentage of the difference in price, as a flat dollar amount, or by some other reasonable methodology approved by the director. The insurance carrier must provide the incentive payment as a cash payment to the enrollee.
(3) The shared savings incentive payment program must provide enrollees with at least fifty percent of the insurance carrier’s saved costs for each shoppable health care service or category of shoppable health care service resulting from shopping by enrollees. An insurance carrier is not required to provide an incentive payment or credit to an enrollee when the insurance carrier’s saved cost is fifty dollars or less.
(4) An insurance carrier shall base the average price on the average amount paid to an in-network provider for the procedure or service under the enrollee’s health plan within a reasonable timeframe not to exceed one year. An insurance carrier may determine an alternate methodology for calculating the average price if approved by the director.
Source
Laws 2018, LB1119, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1408 - Availability of shared savings incentive payment program.

44-1408.
Availability of shared savings incentive payment program.
An insurance carrier shall make the shared savings incentive payment program available as a component of all health plans offered by the insurance carrier in this state. Annually at enrollment or renewal, an insurance carrier shall provide notice about the availability of the program to any enrollee who is enrolled in a health plan eligible for the program.
Source
Laws 2018, LB1119, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1409 - Filing with department; review; confidentiality.

44-1409.
Filing with department; review; confidentiality.
Prior to offering the shared savings incentive payment program to any enrollee, an insurance carrier shall file a description of the program with the department in the manner determined by the director. The department may review the filing made by the insurance carrier to determine if the insurance carrier’s program complies with the requirements of the Nebraska Right to Shop Act. Filings and any supporting documentation submitted pursuant to this section are confidential until the filing has been reviewed by the department.
Source
Laws 2018, LB1119, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1410 - Service from out-of-network provider; how treated.

44-1410.
Service from out-of-network provider; how treated.
If an enrollee elects to receive a shoppable health care service from an out-of-network provider that results in an incentive payment, the insurance carrier shall apply the amount paid for the shoppable health care service toward the enrollee’s member cost sharing as specified in the enrollee’s health plan as if the health care services were provided by an in-network provider.
Source
Laws 2018, LB1119, § 20.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1412 - Insurance carrier; annual filing; contents; report.

44-1412.
Insurance carrier; annual filing; contents; report.
(1) On or before March 31 each year, each insurance carrier shall file with the department the following information for the most recent calendar year:
(a) The total number of incentive payments made pursuant to the insurance carrier’s shared savings incentive payment program;
(b) The use of shoppable health care services by category of service for which incentive payments are made;
(c) The total amount of incentive payments made to enrollees;
(d) The average amount of incentive payments made by category of shoppable health care service;
(e) The total savings achieved below the average prices by category of shoppable health care service; and
(f) The total number and percentage of an insurance carrier's enrollees that participated in the shared savings incentive payment program.
(2) On or before July 1, 2019, and on or before July 1 of each year thereafter, the department shall electronically submit an aggregate report for all insurance carriers filing the information required by subsection (1) of this section to the Legislature.
Source
Laws 2018, LB1119, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1413 - Personnel division of Department of Administrative Services; program for state employees; report; contents.

44-1413.
Personnel division of Department of Administrative Services; program for state employees; report; contents.
(1) The personnel division of the Department of Administrative Services, in its discretion, may develop and implement a program for state employees receiving health insurance coverage under sections 84-1601 to 84-1615 that is similar to the shared savings incentive payment program described in section 44-1407. If the division develops and implements such a program, the division may use the State Employees Insurance Fund to make incentive payments to state employees pursuant to such program.
(2) If a program for state employees is developed and implemented pursuant to this section, then on or before July 1 of each year after implementation of such program, the personnel division of the Department of Administrative Services shall electronically report to the Legislature the following information for the most recent calendar year:
(a) The total number of incentive payments made pursuant to the program;
(b) The use of shoppable health care services by category of service for which incentive payments are made;
(c) The total amount of incentive payments made to state employees;
(d) The average amount of incentive payments made by category of shoppable health care service;
(e) The total savings achieved below the average prices by category of shoppable health care service; and
(f) The total number and percentage of state employees that participated in the program.
Source
Laws 2018, LB1119, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1521 - Act, how cited.

44-1521.
Act, how cited.
Sections 44-1521 to 44-1535 shall be known and may be cited as the Unfair Insurance Trade Practices Act.
Source
Laws 1991, LB 234, § 3;
Laws 2008, LB855, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1522 - Purpose of act.

44-1522.
Purpose of act.
The purpose of the Unfair Insurance Trade Practices Act is to regulate unfair trade practices in the business of insurance, in accordance with the intent of the Congress of the United States as expressed in Public Law 79-15, by defining, or providing for the determination of, all acts and practices in this state which constitute unfair trade practices and by prohibiting the acts and practices so defined or determined.
Source
Laws 1973, LB 349, § 1;
Laws 1991, LB 234, § 4.
Annotations
Sections of Nebraska Unfair Competition Act and Trade Practices Act governing insurance business do not contemplate private suits but only suits by State Director of Insurance. Allied Financial Services, Inc. v. Foremost Ins. Co., 418 F.Supp. 157 (D. Neb. 1976).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1523 - Terms, defined.

44-1523.
Terms, defined.
For purposes of the Unfair Insurance Trade Practices Act:
(1) Department shall mean the Department of Insurance;
(2) Director shall mean the Director of Insurance;
(3) Insured shall mean the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy or certificate;
(4) Insurer shall mean any person, reciprocal exchange, interinsurer, Lloyds-type insurer or other similar group which includes incorporated and individual unincorporated underwriters, fraternal benefit society, and other legal entity engaged in the business of insurance, including agents, brokers, insurance consultants, adjusters, and third-party administrators. Insurer shall also mean health maintenance organizations, prepaid limited health service organizations, and dental, optometric, and other similar health service plans. For purposes of the act, all such insurers shall be deemed to be engaged in the business of insurance;
(5) Person shall mean any natural or artificial entity, including, but not limited to, an individual, partnership, limited liability company, association, trust, or corporation; and
(6) Policy or certificate shall include any contract of insurance, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer.
Source
Laws 1973, LB 349, § 2;
Laws 1989, LB 92, § 173;
Laws 1991, LB 234, § 5;
Laws 1993, LB 121, § 230;
Laws 1994, LB 978, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1524 - Unfair trade practice; prohibited acts.

44-1524.
Unfair trade practice; prohibited acts.
It shall be an unfair trade practice in the business of insurance for any insurer to commit any act or practice defined in section 44-1525 if the act or practice (1) is committed flagrantly and in conscious disregard of the Unfair Insurance Trade Practices Act or any rule or regulation adopted pursuant to the act or (2) has been committed with such frequency as to indicate a general business practice to engage in that type of conduct.
Source
Laws 1973, LB 349, § 3;
Laws 1991, LB 234, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1527 - Director; investigatory powers; costs.

44-1527.
Director; investigatory powers; costs.
The director may examine and investigate the affairs of every insurer doing business in this state in order to determine whether such insurer has been or is engaged in any unfair trade practice defined in section 44-1524. An insurer other than an agent, broker, or insurance consultant shall reimburse the department for the expense of examination in the same manner as provided for examination of insurance companies in the Insurers Examination Act. In the case of a depository institution, the director may examine and investigate the insurance activities of a depository institution in order to determine whether the depository institution has been or is engaged in any unfair trade practice defined in section 44-1524. The director shall notify the appropriate state or federal banking agency of the director's intent to examine and investigate a depository institution and advise the appropriate state or federal banking agency of the suspected violations of state law prior to commencing the examination and investigation.
Source
Laws 1973, LB 349, § 6;
Laws 1991, LB 234, § 9;
Laws 1993, LB 583, § 75;
Laws 2002, LB 1139, § 19.
Cross References
Insurers Examination Act, see section 44-5901.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1529 - Cease and desist order; monetary penalty; suspension or revocation of license or certificate.

44-1529.
Cease and desist order; monetary penalty; suspension or revocation of license or certificate.
If, after the hearing, the director finds that the insurer charged has engaged in an unfair trade practice, he or she shall reduce his or her findings to writing and shall issue and cause to be served upon the insurer charged with the violation a copy of such findings and an order requiring such insurer to cease and desist from engaging in the act or practice and he or she may order any one or more of the following:
(1) Payment of a monetary penalty of not more than one thousand dollars for each violation, not to exceed an aggregate penalty of thirty thousand dollars, unless the violation was committed flagrantly in conscious disregard of the Unfair Insurance Trade Practices Act, in which case the penalty shall be not more than fifteen thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and
(2) Suspension or revocation of the insurer's license or certificate of authority if the insurer knew or reasonably should have known that he, she, or it was in violation of the act.
Source
Laws 1973, LB 349, § 8;
Laws 1991, LB 234, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1530 - Appeals.

44-1530.
Appeals.
(1) Any insurer subject to an order of the director under section 44-1529 or 44-1532 may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.
(2) An order issued by the director under section 44-1529 shall become final:
(a) Upon the expiration of the time allowed for filing a petition for review if no such petition has been duly filed, except that the director may thereafter modify or set aside his or her order; or
(b) Upon the final decision of the court if the court directs that the order of the director be affirmed or the petition for review dismissed.
(3) No order of the director under the Unfair Insurance Trade Practices Act or order of a court to enforce such order shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
Source
Laws 1973, LB 349, § 9;
Laws 1988, LB 352, § 60;
Laws 1991, LB 234, § 12.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1531 - Intervenor; appeal.

44-1531.
Intervenor; appeal.
If, after any hearing as provided by section 44-1528 or 44-1532, the report of the director does not charge a violation of the Unfair Insurance Trade Practices Act, then any intervenor as provided by section 44-1528 may, within ten days after the service of such report, appeal the findings of the director. The appeal shall be in accordance with the Administrative Procedure Act. Upon such appeal, the court may issue appropriate orders and decrees in connection therewith, including, if the court finds that it is in the interest of the public, orders enjoining and restraining the continuance of any act or practice which it finds, notwithstanding such report of the director, constitutes a violation of the Unfair Insurance Trade Practices Act and containing penalties pursuant to section 44-1529.
Source
Laws 1973, LB 349, § 10;
Laws 1988, LB 352, § 61;
Laws 1991, LB 234, § 13.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1532 - Cease and desist orders; violations.

44-1532.
Cease and desist orders; violations.
Any insurer who violates a cease and desist order of the director under section 44-1529 may after notice and hearing and upon order of the director be subject to:
(1) A monetary penalty of not more than thirty thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and
(2) Suspension or revocation of the insurer's license or certificate of authority.
Source
Laws 1973, LB 349, § 11;
Laws 1991, LB 234, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1533 - Rules and regulations.

44-1533.
Rules and regulations.
The director may adopt and promulgate rules and regulations to carry out the Unfair Insurance Trade Practices Act.
Source
Laws 1973, LB 349, § 12;
Laws 1989, LB 92, § 175;
Laws 1991, LB 234, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1534 - Director; additional powers.

44-1534.
Director; additional powers.
The powers vested in the director by the Unfair Insurance Trade Practices Act shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the acts and practices defined and determined by such act to be unfair.
Source
Laws 1973, LB 349, § 13;
Laws 1991, LB 234, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1534.01 - Director; power to protect members of the United States Armed Forces; rules and regulations.

44-1534.01.
Director; power to protect members of the United States Armed Forces; rules and regulations.
The Director of Insurance may adopt and promulgate rules and regulations to protect members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive, or unfair as required by the federal Military Personnel Financial Services Protection Act, Public Law 109-290, as such law existed on July 18, 2008.
Source
Laws 2008, LB855, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1535 - Immunity from prosecution; when.

44-1535.
Immunity from prosecution; when.
If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required may tend to incriminate the person or subject the person to a penalty or forfeiture and the person is directed to give such testimony or produce such evidence, the person must comply with such direction but shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may testify or produce evidence and no testimony so given or evidence produced shall be received against the person upon any criminal action, investigation, or proceeding. No such person so testifying shall be exempt from prosecution or punishment for any perjury committed while so testifying, and the testimony or evidence so given or produced shall be admissible against the person in any criminal action, investigation, or proceeding concerning such perjury, nor shall the person be exempt from the refusal, revocation, or suspension of any license, permission, or authority conferred, or to be conferred, pursuant to the insurance laws of this state. Any such person may execute, acknowledge, and file in the office of the director a statement expressly waiving such immunity or privilege in respect to any transaction, matter, or thing specified in such statement, and thereupon the testimony of such person or such evidence in relation to such transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and if so received or produced such person shall not be entitled to any immunity or privilege on account of any testimony the person may so give or evidence so produced.
Source
Laws 1973, LB 349, § 14;
Laws 1991, LB 234, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1538 - Terms, defined.

44-1538.
Terms, defined.
(1) For purposes of the Unfair Insurance Claims Settlement Practices Act:
(a) Director shall mean the Director of Insurance;
(b) Insured shall mean the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy or certificate;
(c) Insurer shall mean any person, reciprocal exchange, interinsurer, Lloyds-type insurer or other similar group which includes incorporated and individual unincorporated underwriters, fraternal benefit society, and other legal entity engaged in the business of insurance, including agents, brokers, insurance consultants, adjusters, and third-party administrators. Insurer shall also mean health maintenance organizations, prepaid limited health service organizations, and dental, optometric, and other similar health service plans. For purposes of the act, all such insurers shall be deemed to be engaged in the business of insurance;
(d) Person shall mean any natural or artificial entity, including, but not limited to, an individual, partnership, limited liability company, association, trust, or corporation; and
(e) Policy or certificate shall include any contract of insurance, indemnity, or annuity issued, proposed for issuance, or intended for issuance by any insurer. Policy or certificate shall not include contracts of workers' compensation, fidelity, suretyship, or boiler and machinery insurance.
(2) The purpose of the definitions in this section is to include within the act and any rules and regulations adopted pursuant to the act all entities and activities to the extent not preempted by the federal Employee Retirement Income Security Act of 1974, as amended.
Source
Laws 1991, LB 234, § 20;
Laws 1993, LB 121, § 232;
Laws 1994, LB 978, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1539 - Unfair claims settlement practice; conduct prohibited.

44-1539.
Unfair claims settlement practice; conduct prohibited.
It shall be an unfair claims settlement practice for any domestic, foreign, or alien insurer transacting business in this state to commit an act or practice defined in section 44-1540 if the act or practice (1) is committed flagrantly and in conscious disregard of the Unfair Insurance Claims Settlement Practices Act or any rule or regulation adopted pursuant to the act or (2) has been committed with such frequency as to indicate a general business practice to engage in that type of conduct.
Source
Laws 1991, LB 234, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1541 - Director; charges against insurer; notice; hearing.

44-1541.
Director; charges against insurer; notice; hearing.
If the director finds that any insurer doing business in this state is engaging in any unfair claims settlement practice and that a proceeding in respect thereto would be in the public interest, he or she shall issue and serve upon such insurer a statement of the charges in that respect and a notice of hearing thereon, which notice shall set a hearing date not less than ten days from the date of the notice.
Source
Laws 1991, LB 234, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1542 - Director; cease and desist order; other orders; authorized.

44-1542.
Director; cease and desist order; other orders; authorized.
If, after the hearing, the director finds an insurer has engaged in an unfair claims settlement practice, he or she shall reduce his or her findings to writing and shall issue and cause to be served upon the insurer charged with the violation a copy of the findings and an order requiring the insurer to cease and desist from engaging in the act or practice and he or she may order any one or more of the following:
(1) Payment of a monetary penalty of not more than one thousand dollars for each violation, not to exceed an aggregate penalty of thirty thousand dollars, unless the violation was committed flagrantly and in conscious disregard of the Unfair Insurance Claims Settlement Practices Act, in which case the penalty shall not be more than fifteen thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and
(2) Suspension or revocation of the insurer's license or certificate of authority if the insurer knew or reasonably should have known it was in violation of the act.
Source
Laws 1991, LB 234, § 24.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1543 - Violation of cease and desist order; penalties authorized.

44-1543.
Violation of cease and desist order; penalties authorized.
Any insurer who violates a cease and desist order of the director under section 44-1542 may after notice and hearing and upon order of the director be subject to:
(1) A monetary penalty of not more than thirty thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and
(2) Suspension or revocation of the insurer's license or certificate of authority.
Source
Laws 1991, LB 234, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1545 - Noncompliance; effect.

44-1545.
Noncompliance; effect.
Failure by an insurance company subject to sections 60-3,136 to 60-3,139 to comply with the requirements of such sections and the rules and regulations adopted and promulgated under such sections by the Department of Motor Vehicles shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Source
Laws 2002, LB 488, § 7;
Laws 2005, LB 274, § 229.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1601 - Life insurance; policy; issuance; requirements.

44-1601.
Life insurance; policy; issuance; requirements.
No policy of group life insurance shall be delivered in this state unless it is issued under one of the provisions of sections 21-1740, 44-1602 to 44-1606.03, and 44-1615 or under a policy or contract issued to any other substantially similar group which, in the discretion of the Director of Insurance, may be subject to the issuance of a group life insurance policy or contract.
Source
Laws 1949, c. 150, § 1(1), p. 377;
Laws 1961, c. 210, § 5, p. 628;
Laws 1969, c. 361, § 3, p. 1286;
Laws 1983, LB 298, § 1;
Laws 1996, LB 948, § 123;
Laws 2008, LB855, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1602 - Life insurance; policy issued to an employer; requirements.

44-1602.
Life insurance; policy issued to an employer; requirements.
A policy issued to an employer or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer shall be subject to the following requirements:
(1) The employees eligible for insurance under the policy shall be all of the employees of the employer or all of any class or classes thereof. The policy may provide that the term employees shall include the employees of one or more subsidiary corporations and the employees, individual proprietors, partners, and members of one or more affiliated corporations, proprietors, partnerships, or limited liability companies if the business of the employer and of such affiliated corporations, proprietors, partnerships, or limited liability companies is under common control. The policy may provide that the term employees shall include the individual proprietor, partners, or members if the employer is an individual proprietor, partnership, or limited liability company. The policy may provide that the term employee may include retired employees, former employees, and directors of a corporate employer; and
(2) The premium for the policy shall be paid either from the employer's funds or from funds contributed by the insured employees or from both such funds. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees, except those who reject the coverage in writing, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
Source
Laws 1949, c. 150, § 1(1), p. 377;
Laws 1957, c. 192, § 1, p. 670;
Laws 1959, c. 212, § 1, p. 733;
Laws 1993, LB 121, § 233;
Laws 2006, LB 875, § 2;
Laws 2008, LB855, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1603 - Life insurance; policy issued to creditor; requirements.

44-1603.
Life insurance; policy issued to creditor; requirements.
A policy issued to a creditor or its parent holding company or to a trustee or agent designated by two or more creditors, which creditor, parent holding company, affiliate, trustee, or agent shall be deemed the policyholder, to insure debtors of the creditor shall be subject to the following requirements:
(1) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor or creditors, or all of any class or classes of the creditors. The policy may provide that the term debtors shall include borrowers of money or purchasers or lessees of goods, services, or property for which payment is arranged through a credit transaction, the debtors of one or more subsidiary corporations, and the debtors of one or more affiliated corporations, proprietors, partnerships, or limited liability companies if the business of the policyholder and of such affiliated corporations, proprietors, partnerships, or limited liability companies is under common control;
(2) The premium for the policy shall be paid by the policyholder from the creditor's funds, from charges collected from the insured debtors, or from both. A policy on which no part of the premiums is to be derived from the funds contributed by insured debtors specifically for their insurance must insure all eligible debtors or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;
(3) The amount of insurance on the life of any debtor shall at no time exceed the greater of the scheduled or actual amount of unpaid indebtedness to the creditor, except that insurance written in connection with open-end credit having a credit limit exceeding ten thousand dollars may be in an amount not exceeding the credit limit;
(4) The insurance shall be payable to the creditor or any successor to the right, title, and interest of the creditor. The payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of such payment, and any excess of the insurance shall be payable to the estate of the insured; and
(5) Notwithstanding subdivisions (1) through (4) of this section, insurance on agricultural credit transaction commitments may be written up to the amount of the loan commitment on a nondecreasing or level-term plan and insurance on educational credit transaction commitments may be written up to the amount of the loan commitment less the amount of any repayments made on the loan.
Source
Laws 1949, c. 150, § 1(2), p. 378;
Laws 1955, c. 180, § 1, p. 508;
Laws 1957, c. 192, § 2, p. 671;
Laws 1967, c. 273, § 1, p. 737;
Laws 1974, LB 944, § 1;
Laws 1993, LB 121, § 234;
Laws 2008, LB855, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1604 - Life insurance; policy issued to a labor union or similar employee organization; requirements.

44-1604.
Life insurance; policy issued to a labor union or similar employee organization; requirements.
A policy issued to a labor union or similar employee organization, which shall be deemed the policyholder, to insure members of such union or organization for the benefit of persons other than the union or organization or any of its officials, representatives, or agents shall be subject to the following requirements:
(1) The members eligible for insurance under the policy shall be all of the members of the union or organization, or all of any class or classes thereof; and
(2) The premium for the policy shall be paid either from the union's or organization's funds or from funds contributed by the insured members specifically for their insurance or from both. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members, except those who reject the coverage in writing, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
Source
Laws 1949, c. 150, § 1(3), p. 379;
Laws 1957, c. 192, § 3, p. 673;
Laws 2008, LB855, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1605 - Life insurance; policy issued to trust or trustees of a fund; requirements.

44-1605.
Life insurance; policy issued to trust or trustees of a fund; requirements.
A policy issued to a trust or to the trustees of a fund established or adopted by two or more employers or by one or more labor unions or similar employee organizations, or by one or more employers and one or more labor unions or similar employee organizations, which trust or trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions or organizations for the benefit of persons other than the employers or the unions or organizations shall be subject to the following requirements:
(1) The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions or organizations, or all of any class or classes thereof. The policy may provide that the term employees shall include the employees of one or more subsidiary corporations and the employees, individual proprietors, members, and partners of one or more affiliated corporations, proprietorships, or partnerships if the business of the employer and of the affiliated corporations, proprietorships, or partnerships is under common control. The policy may provide that the term employees shall include the individual proprietor or partners if the employer is an individual proprietorship or partnership. The policy may provide that the term employees may include retired employees, former employees, and directors of a corporate employer. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship; and
(2) The premium for the policy shall be paid from funds contributed by the employer or employers of the insured persons, by the union or unions or similar employee organizations, or by both, or from funds contributed by the insured persons or from both the insured persons and the employers or unions or similar employee organizations. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance shall insure all eligible persons, except those who reject the coverage in writing, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
Source
Laws 1949, c. 150, § 1(4), p. 380;
Laws 1957, c. 192, § 4, p. 674;
Laws 1969, c. 376, § 1, p. 1336;
Laws 1989, LB 92, § 176;
Laws 1993, LB 121, § 235;
Laws 2008, LB855, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1606 - Life insurance; policy issued to an association of public employees; requirements.

44-1606.
Life insurance; policy issued to an association of public employees; requirements.
A policy issued to an association of public employees having, when the policy is placed in force, a membership in the classes eligible for insurance of not less than seventy-five percent of the number of employees eligible for membership in such classes, which association shall be deemed the policyholder, to insure members of such association for the benefit of persons other than the association or any of its officials, shall be subject to the following requirements:
(1) The persons eligible for insurance under the policy shall be all of the members of the association, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the association, or both.
(2) The premium for the policy shall be paid by the policyholder, either from the association's own funds, or from charges collected from the insured members specifically for the insurance, or from both. Any charges collected from the insured members specifically for the insurance, and the dues of the association if they include the cost of the insurance, shall be collected through deductions by the employer from the salaries of the members. Such deductions from salary may be paid by the employer to the association or directly to the insurer. No policy may be placed in force unless and until at least seventy-five percent of the then eligible members of the association, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered and have authorized their employer to make the required deductions from salary.
(3) The policy must cover at least twenty-five persons at date of issue.
(4) As used in this section, public employees mean employees of the United States Government, or of any state, county, city, village, or political subdivision thereof.
Source
Laws 1949, c. 150, § 1(5), p. 382.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1606.01 - Life insurance; policy issued to association or trust; requirements.

44-1606.01.
Life insurance; policy issued to association or trust; requirements.
(1) A policy may be issued to an association or to a trust or to the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. The association or associations shall have at the outset a minimum of one hundred persons, shall have been organized and maintained in good faith for purposes other than that of obtaining insurance, shall have been in active existence for at least two years, and shall have a constitution and bylaws which provide that (a) the association or associations shall hold regular meetings not less than annually to further the purposes of the members, (b) except for credit unions, the association or associations shall collect dues or solicit contributions from members, and (c) the members shall have voting privileges and representation on the governing board and committees.
(2) The policy shall be subject to the following requirements:
(a) The policy may insure members of the association or associations, employees thereof or employees of members, or one or more of the preceding or all of any class or classes thereof for the benefit of persons other than the employee's employer;
(b) The premium for the policy shall be paid from funds contributed by the association or associations, by the employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the associations or employer members; and
(c) A policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for their insurance must insure all eligible persons, except those who reject the coverage in writing, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
Source
Laws 1957, c. 192, § 5, p. 675;
Laws 1967, c. 274, § 1, p. 739;
Laws 1972, LB 1189, § 1;
Laws 2008, LB855, § 13.
Annotations
Where policy issued was not life policy but accident policy, insurer could deny certain coverage to wife of member. Simmons v. Continental Cas. Co., 410 F.2d 881 (8th Cir. 1969).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1606.02 - Life insurance; policy issued to credit union or trust; requirements.

44-1606.02.
Life insurance; policy issued to credit union or trust; requirements.
A policy issued to a credit union or to a trustee or trustees or agent designated by two or more credit unions, which credit union, trustee, trustees, or agent shall be deemed the policyholder, to insure members of the credit union or credit unions for the benefit of persons other than the credit union or credit unions, trustee or trustees, or agent or any of their officials, shall be subject to the following requirements:
(1) The members eligible for insurance shall be all of the members of the credit union or credit unions, or all of any class or classes of the members; and
(2) The premium for the policy shall be paid by the policyholder from the credit union's funds and shall insure all eligible members or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
Source
Laws 2008, LB855, § 14.