reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-403 - Definitions, where found.

71-403.
Definitions, where found.
For purposes of the Health Care Facility Licensure Act, unless the context otherwise requires, the definitions found in sections 71-404 to 71-431 shall apply.
Source
Laws 2000, LB 819, § 3;
Laws 2007, LB203, § 2;
Laws 2010, LB849, § 20;
Laws 2015, LB37, § 69;
Laws 2016, LB698, § 18;
Laws 2018, LB731, § 93;
Laws 2018, LB1034, § 51;
Laws 2020, LB1052, § 6;
Laws 2020, LB1053, § 4;
Laws 2022, LB697, § 2;
Laws 2023, LB227, § 71.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-404 - Adult day service, defined.

71-404.
Adult day service, defined.
(1) Adult day service means a person or any legal entity which provides care and an array of social, medical, or other support services for a period of less than twenty-four consecutive hours in a community-based group program to four or more persons who require or request such services due to age or functional impairment.
(2) Adult day service does not include services provided under the Developmental Disabilities Services Act or a PACE center.
Source
Laws 2000, LB 819, § 4;
Laws 2002, LB 1062, § 39;
Laws 2020, LB1053, § 5.
Cross References
Developmental Disabilities Services Act, see section 83-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-405 - Ambulatory surgical center, defined.

71-405.
Ambulatory surgical center, defined.
(1) Ambulatory surgical center means a facility (a) where surgical services are provided to persons not requiring hospitalization who are discharged from such facility within twenty-three hours and fifty-nine minutes from the time of admission, (b) which meets all applicable requirements for licensure as a health clinic under the Health Care Facility Licensure Act, and (c) which has qualified for a written agreement with the Health Care Financing Administration of the United States Department of Health and Human Services or its successor to participate in medicare as an ambulatory surgical center as defined in 42 C.F.R. 416 et seq. or which receives other third-party reimbursement for such services.
(2) Ambulatory surgical center does not include an office or clinic used solely by a practitioner or group of practitioners in the practice of medicine, dentistry, or podiatry.
Source
Laws 2000, LB 819, § 5;
Laws 2020, LB783, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-407 - Care, defined.

71-407.
Care, defined.
(1) Care means the exercise of concern or responsibility for the comfort, welfare, and habilitation of persons, including a minimum amount of supervision and assistance with or the provision of personal care, activities of daily living, health maintenance activities, or other supportive services.
(2) For purposes of this section:
(a) Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administered medication, and similar activities;
(b) Health maintenance activities means noncomplex interventions which can safely be performed according to exact directions, which do not require alteration of the standard procedure, and for which the results and resident responses are predictable; and
(c) Personal care means bathing, hair care, nail care, shaving, dressing, oral care, and similar activities.
Source
Laws 2000, LB 819, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-408 - Center or group home for the developmentally disabled, defined.

71-408.
Center or group home for the developmentally disabled, defined.
Center or group home for the developmentally disabled means a facility where shelter, food, and care, advice, counseling, diagnosis, treatment, or related services are provided for a period of more than twenty-four consecutive hours to four or more persons residing at such facility who have developmental disabilities.
Source
Laws 2000, LB 819, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-408.01 - Children's day health service, defined.

71-408.01.
Children's day health service, defined.
(1) Children's day health service means a person or any legal entity which provides specialized care and treatment, including an array of social, medical, rehabilitation, or other support services for a period of less than twenty-four consecutive hours in a community-based group program to twenty or more persons under twenty-one years of age who require such services due to medical dependence, birth trauma, congenital anomalies, developmental disorders, or functional impairment.
(2) Children's day health service does not include services provided under the Developmental Disabilities Services Act.
Source
Laws 2010, LB849, § 21.
Cross References
Developmental Disabilities Services Act, see section 83-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-409 - Critical access hospital, defined.

71-409.
Critical access hospital, defined.
Critical access hospital means a facility (1) with acute care inpatient beds where care or treatment is provided on an outpatient basis or on an inpatient basis to persons for an average period of not more than ninety-six hours and emergency services are provided on a twenty-four-hour basis, (2) which has formal agreements with at least one hospital and other appropriate providers for services such as patient referral and transfer, communications systems, provision of emergency and nonemergency transportation, and backup medical and emergency services, and (3) which is located in a rural area. For purposes of this section, rural area means a county with a population of less than one hundred thousand residents. A facility licensed as a critical access hospital shall have no more than twenty-five acute care inpatient beds.
Source
Laws 2000, LB 819, § 9;
Laws 2004, LB 1005, § 42;
Laws 2005, LB 664, § 1;
Laws 2008, LB797, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-412 - General acute hospital, defined.

71-412.
General acute hospital, defined.
General acute hospital means a hospital with a duly constituted governing body where medical, nursing, surgical, anesthesia, laboratory, diagnostic radiology, pharmacy, and dietary services are provided on an inpatient or outpatient basis by the organized medical staff of such hospital.
Source
Laws 2000, LB 819, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-413 - Health care facility, defined.

71-413.
Health care facility, defined.
Health care facility means an ambulatory surgical center, an assisted-living facility, a center or group home for the developmentally disabled, a critical access hospital, a general acute hospital, a health clinic, a hospital, an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, a PACE center, a pharmacy, a psychiatric or mental hospital, a public health clinic, a rehabilitation hospital, or a skilled nursing facility.
Source
Laws 2000, LB 819, § 13;
Laws 2013, LB23, § 26;
Laws 2018, LB1034, § 52;
Laws 2020, LB1053, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-414 - Health care practitioner facility, defined.

71-414.
Health care practitioner facility, defined.
Health care practitioner facility means the residence, office, or clinic of a practitioner or group of practitioners credentialed under the Uniform Credentialing Act or any distinct part of such residence, office, or clinic.
Source
Laws 2000, LB 819, § 14;
Laws 2007, LB463, § 1179.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-415 - Health care service, defined.

71-415.
Health care service, defined.
Health care service means an adult day service, a children's day health service, a home health agency, a hospice or hospice service, a PACE center, or a respite care service. Health care service does not include an in-home personal services agency as defined in section 71-6501.
Source
Laws 2000, LB 819, § 15;
Laws 2007, LB236, § 43;
Laws 2010, LB849, § 22;
Laws 2020, LB1053, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-416 - Health clinic, defined.

71-416.
Health clinic, defined.
(1) Health clinic means a facility where advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health are provided on an outpatient basis for a period of less than twenty-four consecutive hours to persons not residing or confined at such facility. Health clinic includes, but is not limited to, an ambulatory surgical center or a public health clinic.
(2) Health clinic does not include (a) a health care practitioner facility (i) unless such facility is an ambulatory surgical center, (ii) unless ten or more abortions, as defined in subdivision (1) of section 28-326, are performed during any one calendar week at such facility, or (iii) unless hemodialysis or labor and delivery services are provided at such facility, (b) a facility which provides only routine health screenings, health education, or immunizations, or (c) a PACE center.
(3) For purposes of this section:
(a) Public health clinic means the department, any county, city-county, or multicounty health department, or any private not-for-profit family planning clinic licensed as a health clinic;
(b) Routine health screenings means the collection of health data through the administration of a screening tool designed for a specific health problem, evaluation and comparison of results to referral criteria, and referral to appropriate sources of care, if indicated; and
(c) Screening tool means a simple interview or testing procedure to collect basic information on health status.
Source
Laws 2000, LB 819, § 16;
Laws 2020, LB1053, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-417 - Home health agency, defined.

71-417.
Home health agency, defined.
(1) Home health agency means a person or any legal entity which provides skilled nursing care or a minimum of one other therapeutic service as defined by the department on a full-time, part-time, or intermittent basis to persons in a place of temporary or permanent residence used as the person's home.
(2) Home health agency does not include a PACE center.
(3) Home health agency does not include a person or legal entity that engages only in social work practice as defined in section 38-2119.
Source
Laws 2000, LB 819, § 17;
Laws 2020, LB1053, § 9;
Laws 2023, LB227, § 73.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-418 - Hospice or hospice service, defined.

71-418.
Hospice or hospice service, defined.
Hospice or hospice service means a person or any legal entity which provides home care, palliative care, or other supportive services to terminally ill persons and their families.
Source
Laws 2000, LB 819, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-419 - Hospital, defined.

71-419.
Hospital, defined.
(1) Hospital means a facility where diagnosis, treatment, medical care, obstetrical care, nursing care, or related services are provided on an outpatient basis or on an inpatient basis for a period of more than twenty-four consecutive hours to persons who have an illness, injury, or deformity or to aged or infirm persons requiring or receiving convalescent care.
(2) Hospital includes a facility or part of a facility which provides space for a general acute hospital, a rehabilitation hospital, a long-term care hospital, a critical access hospital, or a psychiatric or mental hospital.
(3) Hospital does not include a health care practitioner facility in which persons do not receive care or treatment for a period of more than twenty-four consecutive hours.
Source
Laws 2000, LB 819, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-419.01 - Hospital pharmacy, defined.

71-419.01.
Hospital pharmacy, defined.
Hospital pharmacy means each facility licensed as a hospital in which the compounding, preparation for administration, or dispensing of drugs or devices pursuant to a chart order occurs for patients within the confines of the hospital with oversight by a pharmacist in charge.
Source
Laws 2015, LB37, § 70.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-420 - Intermediate care facility, defined.

71-420.
Intermediate care facility, defined.
Intermediate care facility means a facility where shelter, food, and nursing care or related services are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who are ill, injured, or disabled and do not require hospital or skilled nursing facility care.
Source
Laws 2000, LB 819, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-421 - Intermediate care facility for persons with developmental disabilities, defined.

71-421.
Intermediate care facility for persons with developmental disabilities, defined.
Intermediate care facility for persons with developmental disabilities means a facility where shelter, food, and training or habilitation services, advice, counseling, diagnosis, treatment, care, nursing care, or related services are provided for a period of more than twenty-four consecutive hours to four or more persons residing at such facility who have a developmental disability.
Source
Laws 2000, LB 819, § 21;
Laws 2013, LB23, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-422 - Long-term care hospital, defined.

71-422.
Long-term care hospital, defined.
Long-term care hospital means a hospital or any distinct part of a hospital that provides the care and services of an intermediate care facility, a nursing facility, or a skilled nursing facility.
Source
Laws 2000, LB 819, § 22.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-422.01 - Memory care endorsement, defined.

71-422.01.
Memory care endorsement, defined.
Memory care endorsement means an endorsement for the license of an assisted-living facility providing care for persons with cognitive impairments or dementia which meets the requirements for the endorsement under section 71-472.
Source
Laws 2016, LB698, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-423 - Mental health substance use treatment center, defined.

71-423.
Mental health substance use treatment center, defined.
Mental health substance use treatment center means a facility where shelter, food, and counseling, supervision, diagnosis, treatment, care, rehabilitation, assessment, or related services professionally directed are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who have a mental illness or substance use disorder or both, with the intention of reducing or ameliorating the disorder or disorders or the effects of the disorder or disorders.
Source
Laws 2000, LB 819, § 23;
Laws 2018, LB1034, § 53.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-423.01 - Mental illness, defined.

71-423.01.
Mental illness, defined.
Mental illness means a wide range of mental health disorders that affect mood, thinking, and behavior and can result in significantly impaired judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for health, safety, or recovery of the individual or for the safety of others.
Source
Laws 2018, LB1034, § 54.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-424 - Nursing facility, defined.

71-424.
Nursing facility, defined.
Nursing facility means a facility where medical care, nursing care, rehabilitation, or related services and associated treatment are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who are ill, injured, or disabled.
Source
Laws 2000, LB 819, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-424.01 - PACE center, defined.

71-424.01.
PACE center, defined.
PACE center means a facility from which a PACE provider offers services within the scope of a PACE program pursuant to a written agreement between the provider, the United States Department of Health and Human Services, and the Nebraska Department of Health and Human Services.
Source
Laws 2020, LB1053, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-424.02 - PACE program, defined.

71-424.02.
PACE program, defined.
PACE program means a program of all-inclusive care for elderly under 42 U.S.C. 13964, as such section existed on January 1, 2020.
Source
Laws 2020, LB1053, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-424.03 - PACE provider, defined.

71-424.03.
PACE provider, defined.
PACE provider means provider of services pursuant to a PACE program meeting the requirements of 42 U.S.C. 1396u-4(a)(3), as such section existed on January 1, 2020.
Source
Laws 2020, LB1053, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-424.04 - Palliative care, defined.

71-424.04.
Palliative care, defined.
Palliative care means specialized care or treatment for a person living with a serious illness that carries a high risk of mortality or negatively impacts quality of life. This type of care or treatment addresses the symptoms and stress of a serious illness, including pain. Palliative care is a team-based approach to care or treatment, providing essential support at any age and stage of a serious illness. It can be provided across care settings and along with curative treatment. The goal of palliative care is to improve quality of life for both the patient and the patient's family or care partner.
Source
Laws 2023, LB227, § 72.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-425 - Pharmacy, defined.

71-425.
Pharmacy, defined.
Pharmacy means a facility advertised as a pharmacy, drug store, hospital pharmacy, dispensary, remote dispensing pharmacy, or any combination of such titles where drugs or devices are dispensed as defined in the Pharmacy Practice Act.
Source
Laws 2000, LB 819, § 25;
Laws 2001, LB 398, § 66;
Laws 2007, LB463, § 1180;
Laws 2018, LB731, § 94.
Cross References
Pharmacy Practice Act, see section 38-2801.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-426 - Psychiatric or mental hospital, defined.

71-426.
Psychiatric or mental hospital, defined.
Psychiatric or mental hospital means a hospital that provides psychiatric services on an inpatient or outpatient basis to persons who have a mental disease, disorder, or disability.
Source
Laws 2000, LB 819, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-427.01 - Representative peer review organization, defined.

71-427.01.
Representative peer review organization, defined.
Representative peer review organization means a utilization and quality control peer review organization as defined in section 1152 of the Social Security Act, 42 U.S.C. 1320c-1, as such section existed on September 1, 2007.
Source
Laws 2007, LB203, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-428 - Respite care service, defined.

71-428.
Respite care service, defined.
(1) Respite care service means a person or any legal entity that provides short-term temporary care on an intermittent basis to persons with special needs when the person's primary caregiver is unavailable to provide such care.
(2) Respite care service does not include:
(a) A person or any legal entity which is licensed under the Health Care Facility Licensure Act and which provides respite care services at the licensed location;
(b) A person or legal entity which is licensed to provide child care to thirteen or more children under the Child Care Licensing Act or which is licensed as a residential child-caring agency under the Children's Residential Facilities and Placing Licensure Act;
(c) An agency that recruits, screens, or trains a person to provide respite care;
(d) An agency that matches a respite care service or other providers of respite care with a person with special needs, or refers a respite care service or other providers of respite care to a person with special needs, unless the agency receives compensation for such matching or referral from the service or provider or from or on behalf of the person with special needs;
(e) A person who provides respite care to fewer than eight unrelated persons in any seven-day period in his or her home or in the home of the recipient of the respite care; or
(f) A nonprofit agency that provides group respite care for no more than eight hours in any seven-day period.
Source
Laws 2000, LB 819, § 28;
Laws 2002, LB 1062, § 40;
Laws 2004, LB 1005, § 43;
Laws 2005, LB 2, § 1;
Laws 2013, LB265, § 39.
Cross References
Child Care Licensing Act, see section 71-1908.
Children's Residential Facilities and Placing Licensure Act, see section 71-1924.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-428.01 - Rural emergency hospital, defined.

71-428.01.
Rural emergency hospital, defined.
Rural emergency hospital means a facility that:
(1) Meets the eligibility requirements described in section 71-477;
(2) Provides rural emergency hospital services;
(3) Maintains an emergency department to provide rural emergency hospital services in the facility twenty-four hours per day that is staffed twenty-four hours per day and seven days per week, with a physician, nurse practitioner, clinical nurse specialist, or physician assistant;
(4) Has a transfer agreement in effect with a comprehensive level trauma center or an advanced level trauma center as defined in the Statewide Trauma System Act and any other transfer agreement necessary for patient care; and
(5) Meets such other requirements as the department finds necessary in the interest of the health and safety of individuals who are provided rural emergency hospital services and to implement licensure under the Health Care Facility Licensure Act that satisfies requirements for reimbursement by federal health care programs as a rural emergency hospital.
Source
Laws 2022, LB697, § 3.
Cross References
Statewide Trauma System Act, see section 71-8201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-428.02 - Rural emergency hospital services, defined.

71-428.02.
Rural emergency hospital services, defined.
Rural emergency hospital services means the following services, provided by a rural emergency hospital, that do not require in excess of an annual per-patient average of twenty-four hours in such rural emergency hospital:
(1) Emergency department services and observation care; and
(2) At the election of the rural emergency hospital, for services provided on an outpatient basis, other medical and health services as specified in regulations adopted by the United States Secretary of Health and Human Services and authorized by the Nebraska Department of Health and Human Services.
Source
Laws 2022, LB697, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-429 - Skilled nursing facility, defined.

71-429.
Skilled nursing facility, defined.
Skilled nursing facility means a facility where medical care, skilled nursing care, rehabilitation, or related services and associated treatment are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who are ill, injured, or disabled.
Source
Laws 2000, LB 819, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-430 - Substance use disorder, defined.

71-430.
Substance use disorder, defined.
Substance use disorder means a medical illness caused by repeat misuse of a substance or substances, characterized by clinically significant impairments in health, social function, and impaired control over substance use and diagnosed through assessing cognitive, behavioral, and psychological symptoms. Substance use disorders range from mild to severe and from temporary to chronic.
Source
Laws 2000, LB 819, § 30;
Laws 2018, LB1034, § 55.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-431 - Treatment, defined.

71-431.
Treatment, defined.
Treatment means a therapy, modality, product, device, or other intervention used to maintain well being or to diagnose, assess, alleviate, or prevent a disability, injury, illness, disease, or other similar condition.
Source
Laws 2000, LB 819, § 31.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-432 - Health care facility; health care service; licensure required.

71-432.
Health care facility; health care service; licensure required.
A health care facility or health care service shall not be established, operated, or maintained in this state without first obtaining a license issued by the department under the Health Care Facility Licensure Act. No facility or service shall hold itself out as a health care facility or health care service or as providing health care services unless licensed under the act. The department shall issue a license to health care facilities and health care services that satisfy the requirements for licensure under the act.
Source
Laws 2000, LB 819, § 32;
Laws 2002, LB 1062, § 41.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-433 - Health care facility; health care service; license; application.

71-433.
Health care facility; health care service; license; application.
(1) An applicant for an initial or renewal license to operate a health care facility or health care service required to be licensed under the Health Care Facility Licensure Act shall file a written application with the department. The application shall be accompanied by the license fee set pursuant to section 71-434 and shall set forth the full name and address of the facility or service to be licensed, the full name and address of the owner of such facility or service, the names of all persons in control of the facility or service, and additional information as required by the department, including affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the act. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.
(2) The application shall be signed by (a) the owner, if the applicant is an individual or partnership, (b) two of its members, if the applicant is a limited liability company, (c) two of its officers, if the applicant is a corporation, or (d) the head of the governmental unit having jurisdiction over the facility or service to be licensed, if the applicant is a governmental unit.
Source
Laws 2000, LB 819, § 33.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-434 - License fees.

71-434.
License fees.
(1) Licensure activities under the Health Care Facility Licensure Act shall be funded by license fees. An applicant for an initial or renewal license under section 71-433 shall pay a license fee as provided in this section.
(2) License fees shall include a base fee of fifty dollars and an additional fee based on:
(a) Variable costs to the department of inspections, architectural plan reviews, and receiving and investigating complaints, including staff salaries, travel, and other similar direct and indirect costs;
(b) The number of beds available to persons residing at the health care facility;
(c) The program capacity of the health care facility or health care service; or
(d) Other relevant factors as determined by the department.
Such additional fee shall be no more than two thousand six hundred dollars for a hospital or a health clinic operating as an ambulatory surgical center, no more than two thousand dollars for an assisted-living facility, a health clinic providing hemodialysis or labor and delivery services, an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a nursing facility, or a skilled nursing facility, no more than one thousand dollars for home health agencies, hospice services, and centers for the developmentally disabled, and no more than seven hundred dollars for all other health care facilities and health care services.
(3) If the licensure application is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
(4) The department shall also collect the fee provided in subsection (1) of this section for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.
(5) The department shall collect a fee from any applicant or licensee requesting an informal conference with a representative peer review organization under section 71-452 to cover all costs and expenses associated with such conference.
(6) The department shall adopt and promulgate rules and regulations for the establishment of license fees under this section.
(7) The department shall remit all license fees collected under this section to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of health care facilities and health care services.
Source
Laws 2000, LB 819, § 34;
Laws 2002, LB 1062, § 42;
Laws 2003, LB 415, § 1;
Laws 2005, LB 246, § 1;
Laws 2007, LB203, § 4;
Laws 2007, LB296, § 371;
Laws 2013, LB23, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-435 - License; duration; issuance.

71-435.
License; duration; issuance.
(1) Except as otherwise provided in the Health Care Facility Licensure Act, licenses issued pursuant to the act shall expire one year after the date of issuance or on uniform annual dates established by the department.
(2) Licenses shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses, license record information, and inspection reports shall be made available by the licensee for public inspection upon request and may be displayed in a conspicuous place on the licensed premises.
Source
Laws 2000, LB 819, § 35.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-436 - License; multiple services or locations; effect.

71-436.
License; multiple services or locations; effect.
(1) Except as otherwise provided in section 71-470, an applicant for licensure under the Health Care Facility Licensure Act shall obtain a separate license for each type of health care facility or health care service that the applicant seeks to operate. A single license may be issued for (a) a facility or service operating in separate buildings or structures on the same premises under one management, (b) an inpatient facility that provides services on an outpatient basis at multiple locations, or (c) a health clinic operating satellite clinics on an intermittent basis within a portion of the total geographic area served by such health clinic and sharing administration with such clinics. A single license shall be issued for a PACE center which meets the requirements for licensure established by the department pursuant to section 71-457.
(2) The department may issue one license document that indicates the various types of health care facilities or health care services for which the entity is licensed. The department may inspect any of the locations that are covered by the license. If an entity is licensed in multiple types of licensure for one location, the department shall conduct all required inspections simultaneously for all types of licensure when requested by the entity.
Source
Laws 2000, LB 819, § 36;
Laws 2002, LB 1062, § 43;
Laws 2015, LB37, § 72;
Laws 2020, LB1053, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-436.01 - License; designation of services.

71-436.01.
License; designation of services.
A health care facility applying for a license as a mental health substance use treatment center shall designate whether the license is to be issued to provide services for mental health disorders, for substance use disorders, or for both mental health and substance use disorders. A license issued to provide services for mental health disorders permits the facility to treat persons whose primary need is treatment for mental health disorders. A license issued to provide services for substance use disorders permits the facility to treat persons whose primary need is treatment for substance use disorders. A license issued to provide services for both mental health and substance use disorders permits the facility to treat persons with mental health disorders, substance use disorders, or both mental health disorders and substance use disorders.
Source
Laws 2018, LB1034, § 56.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-436.02 - Remote dispensing pharmacy license; requirements.

71-436.02.
Remote dispensing pharmacy license; requirements.
(1) A pharmacy shall obtain a remote dispensing pharmacy license under the Health Care Facility Licensure Act prior to engaging in remote dispensing. A pharmacy shall not be licensed as both a remote dispensing pharmacy and a pharmacy. At the time of initial licensure as a remote dispensing pharmacy, the remote dispensing pharmacy must be located ten driving miles or more from the nearest pharmacy. The remote dispensing pharmacy shall operate in accordance with this section.
(2) If the remote dispensing pharmacy employs a certified pharmacy technician to dispense prescription drugs, remote dispensing shall occur under remote supervision via a real-time audiovisual communication system by a licensed pharmacist employed by a supervising pharmacy. The licensed pharmacist must be licensed and located in Nebraska. If the real-time audiovisual communication system between the remote dispensing pharmacy and supervising pharmacy is not working, no remote dispensing can be completed at the remote dispensing pharmacy until the real-time audiovisual communication system is restored and working properly.
(3) The remote dispensing pharmacy must have the same pharmacist in charge as the supervising pharmacy. The pharmacist in charge must ensure that a pharmacist is onsite at the remote dispensing pharmacy at a minimum of once each calendar month. The pharmacist in charge in the supervising pharmacy may delegate tasks to another pharmacist who is employed by the supervising pharmacy, such as supervision of the certified pharmacy technician working remotely in the remote dispensing pharmacy, oversight of inventory, patient counseling, and other duties as assigned. The pharmacist supervising the certified pharmacy technician remotely is responsible for the drug utilization review, the final verification, and the supervision of the remote dispensing at the remote dispensing pharmacy.
(4) In order for remote dispensing to occur in a remote dispensing pharmacy:
(a) When a prescription is being dispensed to a patient or caregiver, the supervising pharmacist must attempt to counsel on all new prescriptions dispensed from the remote dispensing pharmacy; and
(b) The real-time audiovisual communication system must be working properly.
Source
Laws 2018, LB731, § 98.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-437 - Provisional license; when issued.

71-437.
Provisional license; when issued.
A provisional license may be issued to a health care facility or health care service that substantially complies with requirements for licensure under the Health Care Facility Licensure Act and the rules and regulations adopted and promulgated under the act if the failure to fully comply with such requirements does not pose an imminent danger of death or physical harm to the persons residing in or served by such facility or service. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the facility or service fully complies with the requirements for licensure under the act and rules and regulations.
Source
Laws 2000, LB 819, § 37.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-438 - Accreditation or certification; when accepted.

71-438.
Accreditation or certification; when accepted.
(1) The department may accept accreditation or certification by a recognized independent accreditation body or public agency, which has standards that are at least as stringent as those of the State of Nebraska, as evidence that the health care facility or health care service complies with the rules, regulations, and standards adopted and promulgated under the Health Care Facility Licensure Act.
(2) A facility or service licensed pursuant to an accreditation or certification accepted by the department shall notify the department if such accreditation or certification has been sanctioned, modified, terminated, or withdrawn. After giving such notice, the facility or service may continue to operate unless the department determines that the facility or service no longer meets the qualifications for licensure under the act.
Source
Laws 2000, LB 819, § 38;
Laws 2002, LB 1062, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-439 - Design standards for health care facilities; adoption by Legislature; waiver of rule, regulation, or standard; when; procedure.

71-439.
Design standards for health care facilities; adoption by Legislature; waiver of rule, regulation, or standard; when; procedure.
(1)(a) For purposes of construction relating to ambulatory surgical centers, critical access hospitals, general acute hospitals, and hospitals, the Legislature adopts the 2018 Guidelines for Design and Construction of Hospitals, the 2018 Guidelines for Design and Construction of Outpatient Facilities, and the 2018 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities published by the Facility Guidelines Institute.
(b) For new construction of assisted-living facilities, long-term care hospitals, nursing facilities, and skilled nursing facilities on or after September 1, 2019, the Legislature adopts the 2018 Guidelines for Design and Construction of Hospitals, the 2018 Guidelines for Design and Construction of Outpatient Facilities, and the 2018 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities published by the Facility Guidelines Institute, except that the Legislature adopts only the definition of new construction found in section 1.1-2.1 and excludes the part of the definition found in sections 1.1-2.2 and 1.1-2.3 and any related provisions of such guidelines.
(2) The department may waive any rule, regulation, or standard adopted and promulgated by the department relating to construction or physical plant requirements of a licensed health care facility or health care service upon proof by the licensee satisfactory to the department (a) that such waiver would not unduly jeopardize the health, safety, or welfare of the persons residing in or served by the facility or service, (b) that such rule, regulation, or standard would create an unreasonable hardship for the facility or service, and (c) that such waiver would not cause the State of Nebraska to fail to comply with any applicable requirements of medicare or medicaid so as to make the state ineligible for the receipt of all funds to which it might otherwise be entitled.
(3) In evaluating the issue of unreasonable hardship, the department shall consider the following:
(a) The estimated cost of the modification or installation;
(b) The extent and duration of the disruption of the normal use of areas used by persons residing in or served by the facility or service resulting from construction work;
(c) The estimated period over which the cost would be recovered through reduced insurance premiums and increased reimbursement related to cost;
(d) The availability of financing; and
(e) The remaining useful life of the building.
(4) Any such waiver may be granted under such terms and conditions and for such period of time as provided in rules and regulations adopted and promulgated by the department.
Source
Laws 2000, LB 819, § 39;
Laws 2019, LB409, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-440 - Inspection by department; report.

71-440.
Inspection by department; report.
The department may inspect or provide for the inspection of any health care facility or health care service licensed under the Health Care Facility Licensure Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. The department shall issue an inspection report and provide a copy of the report to the facility or service within ten working days after the completion of an inspection.
Source
Laws 2000, LB 819, § 40.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-441 - Inspection by State Fire Marshal; fee.

71-441.
Inspection by State Fire Marshal; fee.
The department may request the State Fire Marshal to inspect any applicant for licensure or any licensee for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 payable by such applicant or licensee. The State Fire Marshal may delegate such authority to make such inspections to qualified local fire prevention personnel pursuant to section 81-502.
Source
Laws 2000, LB 819, § 41.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-442 - Alternative methods for assessing compliance.

71-442.
Alternative methods for assessing compliance.
In addition to or in lieu of the authority to inspect for purposes of licensure and renewal, the department may adopt and promulgate rules and regulations which permit the use of alternative methods for assessing the compliance by a health care facility or health care service with the Health Care Facility Licensure Act and the rules and regulations adopted and promulgated under the act.
Source
Laws 2000, LB 819, § 42.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-443 - Findings of noncompliance; review, notice; statement of compliance; procedure.

71-443.
Findings of noncompliance; review, notice; statement of compliance; procedure.
If the inspection report issued under section 71-440 contains findings of noncompliance by a health care facility or health care service with any applicable provisions of the Health Care Facility Licensure Act or rules and regulations adopted under the act, the department shall review such findings within twenty working days after such inspection. If the findings are supported by the evidence, the department shall proceed pursuant to sections 71-446 to 71-455, except that if the findings indicate one or more violations that create no imminent danger of death or serious physical harm and no direct or immediate adverse relationship to the health, safety, or security of the persons residing in or served by the facility or service, the department may send a letter to the facility or service requesting a statement of compliance. The letter shall include a description of each such violation, a request that the facility or service submit a statement of compliance within ten working days, and a notice that the department may take further steps if the statement of compliance is not submitted. The statement of compliance shall indicate any steps which have been or will be taken to correct each violation and the period of time estimated to be necessary to correct each violation. If the facility or service fails to submit and implement a statement of compliance which indicates a good faith effort to correct the violations, the department may proceed pursuant to sections 71-446 to 71-455.
Source
Laws 2000, LB 819, § 43.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-444 - Complaints; investigation; immunity.

71-444.
Complaints; investigation; immunity.
(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Health Care Facility Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation. In making such determination, the department may consider factors such as:
(a) Whether the complaint pertains to a matter within the authority of the department to enforce;
(b) Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;
(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;
(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or
(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.
(2) A complaint submitted to the department shall be confidential. A person submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.
Source
Laws 2000, LB 819, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-445 - Discrimination or retaliation prohibited; action for relief authorized.

71-445.
Discrimination or retaliation prohibited; action for relief authorized.
(1) A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at such facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who has presented a complaint or provided information to the administrator of such facility or service or the Department of Health and Human Services. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.
(2) A health care facility licensed pursuant to the Health Care Facility Licensure Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the Uniform Credentialing Act to the department. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.
Source
Laws 2000, LB 819, § 45;
Laws 2007, LB296, § 372;
Laws 2016, LB750, § 10.
Cross References
Uniform Credentialing Act, see section 38-101.
Annotations
The State has not waived its sovereign immunity for claims arising under the Health Care Facility Licensure Act. Baker-Heser v. State, 309 Neb. 979, 963 N.W.2d 59 (2021).