reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1908 - Life care contract, defined.

68-1908.
Life care contract, defined.
Life care contract means a contract between a continuing care retirement community and a resident of such community or his or her legal representative which:
(1) Includes each of the following express promises:
(a) The community agrees to provide services at any level along the continuum of care levels offered by the community;
(b) The base room fee will not increase as a resident transitions among levels of care, excluding any services or items upon which both parties initially agreed; and
(c) If the resident outlives and exhausts resources to pay for services, the community will continue to provide services at a reduced price or free of charge to the resident, excluding any payments from medicare, the medical assistance program, or a private insurance policy for which the resident is eligible and the community is certified or otherwise qualified to receive; and
(2) Requires the resident to agree to pay an entry fee to the community and to remain in the community for a minimum length of time subject to penalties against the entry fee.
Source
Laws 2011, LB600, § 8.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1910 - Medicare day, defined.

68-1910.
Medicare day, defined.
Medicare day means any day of resident stay funded by medicare as the payment source and includes a day funded under Medicare Part A, under a Medicare Advantage or special needs plan, or under medicare hospice.
Source
Laws 2011, LB600, § 10.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1911 - Medicare upper payment limit, defined.

68-1911.
Medicare upper payment limit, defined.
Medicare upper payment limit means the limitation established by 42 C.F.R. 447.272 establishing a maximum amount of payment for services under the medical assistance program to nursing facilities, skilled nursing facilities, and hospitals.
Source
Laws 2011, LB600, § 11.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1914 - Resident day, defined.

68-1914.
Resident day, defined.
Resident day means the calendar day in which care is provided to an individual resident of a nursing facility or skilled nursing facility that is not reimbursed under medicare, including the day of admission but not including the day of discharge, unless the dates of admission and discharge occur on the same day, in which case the resulting number of resident days is one resident day.
Source
Laws 2011, LB600, § 14.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1916 - Total resident days, defined.

68-1916.
Total resident days, defined.
Total resident days means the total number of residents residing in the nursing facility or skilled nursing facility between July 1 and June 30, multiplied by the number of days each such resident resided in that nursing facility or skilled nursing facility. If a resident is admitted and discharged on the same day, the resident shall be considered to be a resident for that day.
Source
Laws 2011, LB600, § 16.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1917 - Quality assurance assessment; payment; computation.

68-1917.
Quality assurance assessment; payment; computation.
Except for facilities which are exempt under section 68-1918 and facilities referred to in section 68-1919, each nursing facility or skilled nursing facility licensed under the Health Care Facility Licensure Act shall pay a quality assurance assessment based on total resident days, including bed-hold days, less medicare days, for the purpose of improving the quality of nursing facility or skilled nursing facility care in this state. The assessment shall be three dollars and fifty cents for each resident day for the preceding calendar quarter. The assessment in the aggregate shall not exceed the amount stated in section 68-1920.
Source
Laws 2011, LB600, § 17.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1918 - Providers exempt.

68-1918.
Providers exempt.
The department shall exempt the following providers from the quality assurance assessment:
(1) State-operated veterans homes listed in section 80-315;
(2) Nursing facilities and skilled nursing facilities with twenty-six or fewer licensed beds; and
(3) Continuing care retirement communities.
Source
Laws 2011, LB600, § 18.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1919 - Reduction of quality assurance assessment; when.

68-1919.
Reduction of quality assurance assessment; when.
The department shall reduce the quality assurance assessment for either certain high-volume medicaid nursing facilities or skilled nursing facilities with high patient volumes to meet the redistribution tests in 42 C.F.R. 433.68(e)(2). Under this section, the assessment shall be based on total resident days, including bed-hold days, less medicare days, for the purpose of improving the quality of nursing facility or skilled nursing facility care in this state.
Source
Laws 2011, LB600, § 19.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1920 - Aggregate quality assurance assessment; limitation.

68-1920.
Aggregate quality assurance assessment; limitation.
The aggregate quality assurance assessment shall not exceed the lower of the amount necessary to accomplish the uses specified in section 68-1926 or the maximum amount of gross inpatient revenue that may be assessed pursuant to the indirect guarantee threshold as established pursuant to 42 C.F.R. 433.68(f)(3)(i). The aggregate quality assurance assessment shall be imposed on a per-nonmedicare-day basis.
Source
Laws 2011, LB600, § 20.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1921 - Quality assurance assessment; payments; form.

68-1921.
Quality assurance assessment; payments; form.
Each nursing facility or skilled nursing facility shall pay the quality assurance assessment to the department on a quarterly basis after the medical assistance payment rates of the facility are adjusted pursuant to section 68-1926. The department shall prepare and distribute a form on which a nursing facility or skilled nursing facility shall calculate and report the quality assurance assessment. A nursing facility or skilled nursing facility shall submit the completed form with the quality assurance assessment no later than thirty days following the end of each calendar quarter.
Source
Laws 2011, LB600, § 21.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1922 - Department; collect quality assurance assessment; remit to State Treasurer.

68-1922.
Department; collect quality assurance assessment; remit to State Treasurer.
The department shall collect the quality assurance assessment and remit the assessment to the State Treasurer for credit to the Nursing Facility Quality Assurance Fund. No proceeds from the quality assurance assessment, including the federal match, shall be placed in the General Fund unless otherwise provided in the Nursing Facility Quality Assurance Assessment Act.
Source
Laws 2011, LB600, § 22.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1923 - Quality assurance assessment; report; medicaid cost report; how treated.

68-1923.
Quality assurance assessment; report; medicaid cost report; how treated.
A nursing facility or skilled nursing facility shall report the quality assurance assessment on a separate line of the medicaid cost report of the nursing facility or skilled nursing facility. The quality assurance assessment shall be treated as a separate component in developing rates paid to nursing facilities or skilled nursing facilities and shall not be included with existing rate components. In developing a rate component for the quality assurance assessment, the assessment shall be treated as a direct pass-through to each nursing facility and skilled nursing facility, retroactive to July 1, 2011. The quality assurance assessment shall not be subject to any cost limitation or revenue offset.
Source
Laws 2011, LB600, § 23.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1924 - Underpayment or overpayment; notice.

68-1924.
Underpayment or overpayment; notice.
If the department determines that a nursing facility or skilled nursing facility has underpaid or overpaid the quality assurance assessment, the department shall notify the nursing facility or skilled nursing facility of the unpaid quality assurance assessment or refund due. Such payment or refund shall be due or refunded within thirty days after the issuance of the notice.
Source
Laws 2011, LB600, § 24.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1925 - Failure to pay; penalty; waiver; when; withholding authorized; collection methods authorized.

68-1925.
Failure to pay; penalty; waiver; when; withholding authorized; collection methods authorized.
(1) A nursing facility or skilled nursing facility that fails to pay the quality assurance assessment within the timeframe specified in section 68-1921 or 68-1924, whichever is applicable, shall pay, in addition to the outstanding quality assurance assessment, a penalty of one and one-half percent of the quality assurance assessment amount owed for each month or portion of a month that the assessment is overdue. If the department determines that good cause is shown for failure to pay the quality assurance assessment, the department shall waive the penalty or a portion of the penalty.
(2) If a quality assurance assessment has not been received by the department within thirty days following the quarter for which the assessment is due, the department shall withhold an amount equal to the quality assurance assessment and penalty owed from any payment due such nursing facility or skilled nursing facility under the medical assistance program.
(3) The quality assurance assessment shall constitute a debt due the state and may be collected by civil action, including, but not limited to, the filing of tax liens, and any other method provided for by law.
(4) The department shall remit any penalty collected pursuant to this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2011, LB600, § 25.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1927 - Application for amendment to medicaid state plan; approval; effect; resubmission of waiver application.

68-1927.
Application for amendment to medicaid state plan; approval; effect; resubmission of waiver application.
(1) On or before September 30, 2011, or after that date if allowable by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, the Nebraska Department of Health and Human Services shall submit an application to the Centers for Medicare and Medicaid Services amending the medicaid state plan as defined in section 68-907 by requesting a waiver of the uniformity requirement pursuant to 42 C.F.R. 433.68(e) to exempt certain facilities from the quality assurance assessment and to permit other facilities to pay the quality assurance assessment at lower rates.
(2) The quality assurance assessment is not due and payable until an amendment to the medicaid state plan which increases the rates paid to nursing facilities and skilled nursing facilities is approved by the Centers for Medicare and Medicaid Services and the nursing facilities and skilled nursing facilities have been compensated retroactively for the increased rate for services pursuant to section 68-1926.
(3) If the waiver requested under this section is not approved by the Centers for Medicare and Medicaid Services, the department may resubmit the waiver application to address any changes required by the Centers for Medicare and Medicaid Services in the rejection of such application, including the classes of facilities exempt and the rates or amounts for quality assurance assessments, if such changes do not exceed the authority and purposes of the Nursing Facility Quality Assurance Assessment Act.
Source
Laws 2011, LB600, § 27.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1928 - Department; discontinue collection of quality assurance assessments; when; return of money.

68-1928.
Department; discontinue collection of quality assurance assessments; when; return of money.
(1) The department shall discontinue collection of the quality assurance assessments:
(a) If the waiver requested pursuant to section 68-1927 or the medicaid state plan amendment reflecting the payment rates in section 68-1926 is given final disapproval by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services;
(b) If, in any fiscal year, the state appropriates funds for nursing facility or skilled nursing facility rates at an amount that reimburses nursing facilities or skilled nursing facilities at a lesser percentage than the median percentage appropriated to other classes of providers of covered services under the medical assistance program;
(c) If money in the Nursing Facility Quality Assurance Fund is appropriated, transferred, or otherwise expended for any use other than uses permitted pursuant to the Nursing Facility Quality Assurance Assessment Act; or
(d) If federal financial participation to match the quality assurance assessments made under the act becomes unavailable under federal law. In such case, the department shall terminate the collection of the quality assurance assessments beginning on the date the federal statutory, regulatory, or interpretive change takes effect.
(2) If collection of the quality assurance assessment is discontinued as provided in this section, the money in the Nursing Facility Quality Assurance Fund shall be returned to the nursing facilities or skilled nursing facilities from which the quality assurance assessments were collected on the same basis as the assessments were assessed.
Source
Laws 2011, LB600, § 28.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-1929 - Aggrieved party; hearing; petition.

68-1929.
Aggrieved party; hearing; petition.
A nursing facility or skilled nursing facility aggrieved by an action of the department under the Nursing Facility Quality Assurance Assessment Act may file a petition for hearing with the director of the Division of Medicaid and Long-Term Care of the department. The hearing shall be conducted pursuant to the Administrative Procedure Act and rules and regulations of the department.
Source
Laws 2011, LB600, § 29.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-2002 - Purposes of act.

68-2002.
Purposes of act.
The purposes of the Children's Health and Treatment Act are to:
(1) Require that the guidelines and criteria that the Department of Health and Human Services utilizes to determine medical necessity for services under the medical assistance program be published by the department on its website and websites of its contractors for managed care and administrative services. The treating guidelines and criteria shall be referenced specifically to providers when utilized as a determination of medical necessity under the medical assistance program. Treating guidelines and criteria in effect on July 19, 2012, shall be published on such websites within thirty days after July 19, 2012. Notice of changes to treating guidelines and criteria shall be given to providers and time for public comment provided at least sixty days prior to implementation of such changes; and
(2) Require that the department collect and report on authorization and denial rates for behavioral health services for children under nineteen years of age.
Source
Laws 2012, LB1063, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-2003 - Terms, defined.

68-2003.
Terms, defined.
For purposes of the Children's Health and Treatment Act:
(1) Department means the Department of Health and Human Services; and
(2) Medical assistance program means the program established pursuant to section 68-903.
Source
Laws 2012, LB1063, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-2004 - Department; report; contents.

68-2004.
Department; report; contents.
The department shall report to the Health and Human Services Committee of the Legislature on utilization controls, including, but not limited to, the rates of initial service authorizations, reauthorizations subsequent to initial service authorizations, and denials for behavioral health services for children under nineteen years of age. The first report shall be due on October 1, 2012, and shall contain such rates of initial service authorizations, reauthorizations subsequent to initial service authorizations, and denials for behavioral health services for children under nineteen years of age for the first three quarters of 2012. Thereafter, on January 1, April 1, and July 1 of each year, the department shall report electronically such rates of initial service authorizations, reauthorizations subsequent to initial service authorizations, and denials for behavioral health services for children under nineteen years of age for the previous calendar quarter.
Source
Laws 2012, LB1063, § 4;
Laws 2013, LB222, § 24.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-2005 - Rules and regulations.

68-2005.
Rules and regulations.
The department shall adopt and promulgate rules and regulations to carry out the Children's Health and Treatment Act. On and after April 1, 2013, the department shall not apply medical necessity criteria to determine medical necessity for children under nineteen years of age that have not been adopted and promulgated as rules and regulations pursuant to the Administrative Procedure Act.
Source
Laws 2012, LB1063, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-109.01 - Security interest; personal property; sale by auctioneer; no liability under conditions specified.

69-109.01.
Security interest; personal property; sale by auctioneer; no liability under conditions specified.
The auctioneer, who in good faith and without notice of a security interest therein, sells personal property at auction, which is in fact subject to a security interest, for a principal whose identity has been disclosed, in which property the auctioneer has no interest but acts only as an intermediary of the owner is not liable to the holder of the security interest for any damage sustained as a result of such sale.
Source
Laws 1963, c. 391, § 1, p. 1242;
Laws 1969, c. 543, § 2, p. 2194;
Laws 1971, LB 961, § 2.
Annotations
Section held constitutional, but auctioneer to be relieved of liability must meet all conditions, including actual disclosure of principal's identity. State Securities Co. v. Norfolk Livestock Sales Co., Inc., 187 Neb. 446, 191 N.W.2d 614 (1971).
Where auctioneer, in good faith, without notice of security interests of Farmers Home Administration, and for principals whose identities had not been disclosed, sold cattle, he was not liable to government in conversion. United States v. Chappel Livestock Auction, Inc., 523 F.2d 840 (8th Cir. 1975).
Where security agreement between bank and debtor granted security interest in livestock for farming operations rather than for personal, family, or household purposes or for business purposes, a security interest in livestock used in farming operations, as opposed to inventory, was created. First State Bank v. Maxfield, 485 F.2d 71 (10th Cir. 1973).
Title to the one hundred forty-five head of cattle passed to H & O Farms at the time the plaintiff delivered them and, therefor, any interest the plaintiff retained was no more than a security interest provided there was no agreement between the parties, either expressly or in course of conduct, that altered the result. Myers v. Columbus Sales Pavilion, Inc., 575 F.Supp. 805 (D. Neb. 1983).
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-110 - Security interest; personal property; removal from county; penalty.

69-110.
Security interest; personal property; removal from county; penalty.
Any person who, after having created any security interest in any article of personal property, whether presently owned or after-acquired, for the benefit of another, shall, during the existence of such interest, remove, permit, or cause to be removed such property or any part thereof out of the county within which such property was situated, with intent to deprive the owner or owners of the security interest of his or her or their security, shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in a Department of Correctional Services adult correctional facility for a term not exceeding ten years and be fined in a sum not exceeding one thousand dollars.
Source
Laws 1885, c. 11, § 1, p. 108;
R.S.1913, § 535;
C.S.1922, § 426;
C.S.1929, § 69-110;
R.S.1943, § 69-110;
Laws 1969, c. 543, § 3, p. 2195;
Laws 1971, LB 961, § 3;
Laws 1993, LB 31, § 20.
Annotations
Conviction for removing mortgaged personal property out of county sustained. Pulliam v. State, 169 Neb. 661, 100 N.W.2d 704 (1960).
Criminal intent is an essential element of offense. Pulliam v. State, 167 Neb. 614, 94 N.W.2d 51 (1959).
Where property mortgaged in Nebraska was removed by truck and sold in Iowa, conviction under this section was proper. Forney v. State, 123 Neb. 179, 242 N.W. 441 (1932).
A mortgagor who removes only a portion of the mortgaged property is as amenable under statute as if he had removed all of it. Wilson v. State, 43 Neb. 745, 62 N.W. 209 (1895).
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-111 - Security interest; personal property; failure to account or produce for inspection; penalty.

69-111.
Security interest; personal property; failure to account or produce for inspection; penalty.
Any person who, after having created any security interest in any article of personal property, whether presently owned or after-acquired, for the benefit of another, shall, during the existence of the lien or title of such security interest, fail to give, from time to time upon the demand of the holder of the security interest, an accounting for such property, or who, when the holder of the security interest has reason to believe his security insufficient or when the creator of the security interest requests an extension of the time of payment, shall fail, on demand of the holder of the security interest or his agent, to identify and exhibit for inspection the property covered by the security interest at reasonable hours; or who, in case of loss or death of such articles covered by the security interest, shall fail to produce within ten days after knowledge of the loss or death, notice in writing to the holder of the security interest of such death or loss, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five dollars nor more than one hundred dollars, or imprisoned in the county jail not exceeding thirty days.
Source
Laws 1917, c. 204, § 1, p. 482;
C.S.1922, § 427;
Laws 1927, c. 37, § 1, p. 166;
C.S.1929, § 69-111;
Laws 1941, c. 136, § 1, p. 541;
C.S.Supp.,1941, § 69-111;
R.S.1943, § 69-111;
Laws 1969, c. 543, § 4, p. 2195;
Laws 1971, LB 961, § 4.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-201 - Pawnbroker, defined.

69-201.
Pawnbroker, defined.
Any person engaged in the business of lending money upon chattel property for security and requiring possession of the property so mortgaged on condition of returning the same upon payment of a stipulated amount of money, or purchasing property on condition of selling it back at a stipulated price, is declared to be a pawnbroker for the purpose of sections 69-201 to 69-210.
Source
Laws 1899, c. 10, § 1, p. 64;
R.S.1913, § 536;
C.S.1922, § 428;
C.S.1929, § 69-201;
R.S.1943, § 69-201;
Laws 1981, LB 44, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-202 - Permit required; fees; application, contents; issuance; bond.

69-202.
Permit required; fees; application, contents; issuance; bond.
Every person engaged in the business of pawnbroking shall pay to the city or village treasurer for a permit to carry on business the sum of one hundred dollars per year or fifty dollars for every six months, in metropolitan cities, but in all other cities or villages the sum of fifty dollars per year or the sum of twenty-five dollars for every six months. Such permit shall be obtained by filing an application with, and having such application approved by, the governing body of the city or village or an officer or agency designated by such governing body for such purpose.
The application shall contain the following information:
(1) The name and address of the owner and the manager of the business and, if the applicant is an individual, the applicant's social security number;
(2) If the applicant is a corporation, a copy of the articles of incorporation and the names of its officers and shareholders;
(3) The exact location where the business is to be conducted; and
(4) The exact location where any goods, wares, and merchandise may be stored or kept if other than the business location.
When reviewing applications for a permit required by this section, the governing body or delegated officer or agency shall take into consideration the criminal record, if any, of the applicant and, if the applicant is a corporation, of its officers and shareholders. No permit shall be issued to any applicant who has been convicted of a felony and, if the applicant is a corporation, no permit shall be issued when any officer or shareholder has been convicted of a felony.
Such person shall also give bond to the city or village in which he, she, or it is to do business, in the sum of five thousand dollars with surety to be approved by the mayor or its chief executive officer, conditioned for the faithful performance by the principal, of each and all of the trusts imposed by law or by usage attached to pawnbrokers.
No permit fee shall be exacted under this section in municipalities which impose a permit fee for the pawnbroking business by ordinance.
Source
Laws 1899, c. 10, § 2, p. 64;
R.S.1913, § 537;
C.S.1922, § 429;
C.S.1929, § 69-202;
R.S.1943, § 69-202;
Laws 1981, LB 44, § 2;
Laws 1997, LB 752, § 154.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-203 - Permit; business location; prohibited activities.

69-203.
Permit; business location; prohibited activities.
No person shall be allowed to do business in more than one location under one permit. Each permit shall state the place where such business is to be carried on, and shall not be assigned. Goods, wares, and merchandise shall be kept or stored only at those locations specifically listed in the permit application.
It shall be unlawful for any person not having a permit as required in section 69-202 to display any sign or advertisement stating that money is lent on goods or that goods are purchased as described in section 69-201.
Source
Laws 1899, c. 10, § 3, p. 65;
R.S.1913, § 538;
C.S.1922, § 430;
C.S.1929, § 69-203;
R.S.1943, § 69-203;
Laws 1981, LB 44, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-204 - Records required; inspection; stolen property; procedures.

69-204.
Records required; inspection; stolen property; procedures.
All persons who shall be engaged in the business of pawnbrokers, dealers in secondhand goods, or junk dealers, shall keep a ledger and complete a card, to be furnished by the city or village, on which shall be legibly written in ink, at the time of any loan or purchase, the following information:
(1) The date of the loan or purchase;
(2) The name of the person from whom the property is purchased or received, his or her signature, date of birth, and driver's license number or other means of identification;
(3) A full and accurate description of the property purchased or received, including any manufacturer's identifying insignia or serial number;
(4) The time when any loan becomes due;
(5) The amount of purchase money, or the amount lent and any loan charges, for each item; and
(6) The identification and signature of the clerk or agent for the business who handled the transaction.
Entries shall not in any manner be erased, obliterated, or defaced. The person receiving a loan or selling property shall receive at no charge a plain written or printed ticket for the loan, or a plain written or printed receipt for the articles sold, containing a copy of the entries required by this section.
Every pawnbroker, or employee of a pawnbroker, shall admit to the pawnbroker's premises at any reasonable time during normal business hours any law enforcement officer for the purpose of examining any property and records on the premises, and shall allow such officer to place restrictions on the disposition of any property for which a reasonable belief exists that it has been stolen. Any person claiming an ownership interest in property received by a pawnbroker for which a reasonable belief exists that such property has been stolen may recover such property as provided by sections 25-1093 to 25-10,110.
Source
Laws 1899, c. 10, § 4, p. 65;
R.S.1913, § 539;
C.S.1922, § 431;
C.S.1929, § 69-204;
R.S.1943, § 69-204;
Laws 1981, LB 44, § 4.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-205 - Reports to police; when required.

69-205.
Reports to police; when required.
It shall be the duty of every such pawnbroker, dealer in secondhand goods, or junk dealer, every day except Sunday before the hour of 12 noon, to deliver to the police department of the municipality where said business is located, or if the municipality does not have a police department, to the sheriff's office, a legible and correct copy of each card or ledger entry required by section 69-204 for the transactions of the previous day. Transactions occurring on Saturday shall be reported on the following Monday. No card shall be required for goods purchased from manufacturers or wholesale dealers having an established place of business, or goods purchased at open sale from any bankrupt stock or from any other person doing business and having an established place of business in the city or village, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the mayor or any law enforcement officer when demanded. Dealers in scrap metals, except gold and silver, shall not be included in the provisions of this section.
Source
Laws 1899, c. 10, § 5, p. 65;
R.S.1913, § 540;
C.S.1922, § 432;
C.S.1929, § 69-205;
R.S.1943, § 69-205;
Laws 1981, LB 44, § 5.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-206 - Pawned or secondhand goods; restrictions on disposition; jewelry defined.

69-206.
Pawned or secondhand goods; restrictions on disposition; jewelry defined.
No personal property received or purchased by any pawnbroker, dealer in secondhand goods, or junk dealer, shall be sold or permitted to be taken from the place of business of such person for fourteen days after the copy of the card or ledger entry required to be delivered to the police department or sheriff's office shall have been delivered as required by section 69-205. Secondhand jewelry shall not be destroyed, damaged, or in any manner defaced for a period of fourteen days after the time of its purchase or receipt. For purposes of this section, jewelry shall mean any ornament which is intended to be worn on or about the body and which is made in whole or in part of any precious metal, including gold, silver, platinum, copper, brass, or pewter.
All property accepted as collateral security or purchased by a pawnbroker shall be kept segregated from all other property in a separate area for a period of forty-eight hours after its receipt or purchase, except that valuable articles may be kept in a safe with other property if grouped according to the day of purchase or receipt. Notwithstanding the provisions of this section, a pawnbroker may return any property to the person pawning the same after the expiration of such forty-eight-hour period or when permitted by the chief of police, sheriff, or other authorized law enforcement officer.
Source
Laws 1899, c. 10, § 6, p. 66;
R.S.1913, § 541;
C.S.1922, § 433;
C.S.1929, § 69-206;
R.S.1943, § 69-206;
Laws 1981, LB 44, § 6;
Laws 2012, LB941, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-208 - Violation; penalty; permit; suspension or revocation; procedure.

69-208.
Violation; penalty; permit; suspension or revocation; procedure.
Every broker, agent, or dealer mentioned in sections 69-201 to 69-210 who shall violate any of the provisions thereof, shall be guilty of a Class V misdemeanor.
In addition, any permit issued pursuant to section 69-202 may be revoked or suspended if the holder of such permit violates any provision of state law classified as a misdemeanor or felony. Before any permit may be revoked or suspended the holder shall be given notice of the date and time for a hearing before the governing body or delegated officer or agency which issued the permit to show cause why the permit should not be revoked or suspended. Such hearing shall be held within seven days of the date of the notice.
Source
Laws 1899, c. 10, § 8, p. 66;
R.S.1913, § 543;
C.S.1922, § 435;
C.S.1929, § 69-208;
R.S.1943, § 69-208;
Laws 1981, LB 44, § 7.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-209 - Pawnbroker; limitation on sale of goods.

69-209.
Pawnbroker; limitation on sale of goods.
It shall be unlawful for any pawnbroker to sell any goods purchased or received as described in section 69-201, during the period of four months from the date of purchasing or receiving such goods.
Source
Laws 1899, c. 10, § 9, p. 66;
R.S.1913, § 544;
C.S.1922, § 436;
C.S.1929, § 69-209;
R.S.1943, § 69-209;
Laws 1959, c. 314, § 1, p. 1155;
Laws 1961, c. 333, § 1, p. 1042;
Laws 1961, c. 334, § 1, p. 1043;
Laws 1981, LB 44, § 8.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-210 - Pawnbrokers; customer fingerprint required; restrictions on property accepted.

69-210.
Pawnbrokers; customer fingerprint required; restrictions on property accepted.
(1) All persons who shall be engaged in the business of pawnbroker shall, in addition to the requirements of section 69-204, obtain and keep a single legible fingerprint of each person pawning, pledging, mortgaging, or selling any goods or articles. The fingerprint shall be taken from the right index finger or, if the right index finger is missing, from the left index finger. Each pawnbroker shall display a notice to customers, in a prominent location, stating that such pawnbroker is required by state law to fingerprint every person pawning or selling an item.
(2) No pawnbroker shall accept as collateral security or purchase any property:
(a) From any person who is under eighteen years of age, or who appears to be under the influence of alcohol, narcotic drug, stimulant, or depressant, or who appears to be mentally incompetent; or
(b) On which the serial numbers or other identifying insignia have been destroyed, removed, altered, covered, or defaced.
Source
Laws 1976, LB 431, § 1;
Laws 1981, LB 44, § 9.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-302 - Terms, defined.

69-302.
Terms, defined.
For purposes of the Mail Order Contact Lens Act:
(1) Contact lens prescription means a written order bearing the original signature of an optometrist or physician or an oral or electromagnetic order issued by an optometrist or physician that authorizes the dispensing of contact lenses to a patient and meets the requirements of section 69-303;
(2) Department means the Department of Health and Human Services;
(3) Mail-order ophthalmic provider means an entity that ships, mails, or in any manner delivers dispensed contact lenses to Nebraska residents;
(4) Optometrist means a person licensed to practice optometry pursuant to the Optometry Practice Act; and
(5) Physician means a person licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act.
Source
Laws 2001, LB 398, § 87;
Laws 2007, LB296, § 294;
Laws 2007, LB463, § 1176.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
Optometry Practice Act, see section 38-2601.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-303 - Ophthalmic provider; contact lens prescription.

69-303.
Ophthalmic provider; contact lens prescription.
(1) A mail-order ophthalmic provider may dispense contact lenses in Nebraska or to a Nebraska resident if the contact lens prescription is valid. Such prescription is valid if it (a) contains the patient's name, date ordered, expiration date, instructions for use, optometrist or physician identifying information, date of patient's last examination, fabrication, and related information and (b) has not expired.
(2) Each contact lens prescription shall be valid for the duration of the prescription as indicated by the optometrist or physician or for a period of twelve months from the date of issuance, whichever period expires first. Upon expiration, an optometrist or physician may extend the prescription without further examination.
(3) An optometrist or physician shall offer the prescription to a patient following the fitting process and payment of all fees for services rendered. The patient shall mail the prescription or send a copy by facsimile or other electronic means to the mail-order ophthalmic provider.
Source
Laws 2001, LB 398, § 88.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-304 - Ophthalmic provider; registration; requirements.

69-304.
Ophthalmic provider; registration; requirements.
The department shall require and provide for an annual registration for all mail-order ophthalmic providers located outside of this state, including those providing services via the Internet, that dispense contact lenses to Nebraska residents. The department shall grant a mail-order ophthalmic provider's registration upon the disclosure and certification by such provider of the following:
(1) That it is licensed or registered to dispense contact lenses in the state where the dispensing facility is located and from where the contact lenses are dispensed, if required;
(2) The location, names, and titles of all principal corporate officers and the person who is responsible for overseeing the dispensing of contact lenses to Nebraska residents;
(3) That it complies with directions and appropriate requests for information from the regulating agency of each state where it is licensed or registered;
(4) That it will respond directly and within a reasonable period of time to all communications from the department concerning emergency circumstances arising from the dispensing of contact lenses to Nebraska residents;
(5) That it maintains its records of contact lenses dispensed to Nebraska residents so that such records are readily retrievable;
(6) That it will cooperate with the department in providing information to the regulatory agency of any state where it is licensed or registered concerning matters related to the dispensing of contact lenses to Nebraska residents;
(7) That it conducts business in a manner that conforms to the requirements of section 69-303;
(8) That it provides a toll-free telephone service for responding to patient questions and complaints during its regular hours of operation and agrees to (a) include the toll-free number in literature provided with mailed contact lenses and (b) refer all questions relating to eye care for the lenses prescribed back to the contact lens prescriber; and
(9) That it provides the following, or substantially equivalent, written notification to the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS.
Source
Laws 2001, LB 398, § 89.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-305 - Fees; disposition.

69-305.
Fees; disposition.
The mail-order ophthalmic provider shall pay a fee equivalent to the annual fee for an initial or renewal permit to operate a pharmacy in Nebraska as established in and at the times provided for in the Health Care Facility Licensure Act. Such fees shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.
Source
Laws 2001, LB 398, § 90;
Laws 2003, LB 242, § 12;
Laws 2007, LB296, § 295.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-306 - Act; enforcement.

69-306.
Act; enforcement.
The department, upon the recommendation of the Board of Pharmacy, the Board of Optometry, or the Board of Medicine and Surgery, shall notify the Attorney General of any possible violations of the Mail Order Contact Lens Act. If the Attorney General has reason to believe that an out-of-state person is operating in violation of the act, the Attorney General may commence an action in the district court of Lancaster County to enjoin such person from further mailing, shipping, or otherwise delivering contact lenses into Nebraska.
Source
Laws 2001, LB 398, § 91.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-307 - Rules and regulations.

69-307.
Rules and regulations.
The department, upon the joint recommendation of the Board of Pharmacy, Board of Optometry, and Board of Medicine and Surgery, may adopt and promulgate rules and regulations for enforcement of the Mail Order Contact Lens Act.
Source
Laws 2001, LB 398, § 92.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-309 - Terms, defined.

69-309.
Terms, defined.
For purposes of the Consumer Protection in Eye Care Act:
(1) Contact lens means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect. Contact lens includes, but is not limited to, any cosmetic, therapeutic, or corrective lens;
(2) Department means the Department of Health and Human Services;
(3) Dispense means the act of furnishing spectacles or contact lenses to a patient;
(4) Eye examination means an assessment of the ocular health and visual status of a patient that does not consist solely of objective refractive data or information generated by an automated testing device, including an autorefractor, in order to establish a medical diagnosis or for the establishment of a refractive error;
(5) Kiosk means automated equipment or application designed to be used on a telephone, a computer, or an Internet-based device that can be used either in person or remotely to conduct an eye examination;
(6) Over-the-counter spectacles means eyeglasses or lenses in a frame for the correction of vision that may be sold by any person, firm, or corporation at retail without a prescription;
(7) Prescription means a provider’s handwritten or electronic order based on an eye examination that corrects refractive error;
(8) Provider means a physician, an osteopathic physician, or a physician assistant licensed under the Medicine and Surgery Practice Act or an optometrist licensed under the Optometry Practice Act; and
(9) Spectacles means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or enhance vision addressing the visual needs of the individual wearer, commonly known as glasses or eyeglasses, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement. Spectacles does not include an optical instrument or device that is not intended to correct or enhance vision or sold without consideration of the visual status of the individual who will use the optical instrument or device.
Source
Laws 2016, LB235, § 2.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
Optometry Practice Act, see section 38-2601.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-310 - Contact lenses or spectacles; prescription; contents; release to patient.

69-310.
Contact lenses or spectacles; prescription; contents; release to patient.
No person in this state may dispense contact lenses or spectacles, other than over-the-counter spectacles, to a patient without a valid prescription from a provider. A valid prescription for spectacles or contact lenses (1) shall contain an expiration date of not less than two years for spectacles or one year for contact lenses from the date of the eye examination by the provider or a statement by the provider of the reasons why a shorter time is appropriate based on the medical needs of the patient and (2) may not be made based solely on information about the human eye generated by a kiosk. The prescription shall take into consideration any medical findings and any refractive error discovered during the eye examination. A provider may not refuse to release a prescription for spectacles or contact lenses to a patient.
Source
Laws 2016, LB235, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-311 - Operation of kiosk; conditions.

69-311.
Operation of kiosk; conditions.
No person shall operate a kiosk in Nebraska unless:
(1) The kiosk is registered or approved by the federal Food and Drug Administration for the intended use;
(2) The kiosk is designed and operated in a manner that provides any accommodation required by the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as such act existed on January 1, 2015;
(3) The kiosk and accompanying technology used for the collection and transmission of information and data, including photographs and scans, gathers and transmits protected health information in compliance with the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2015;
(4) The procedure for which the kiosk is used has a recognized Current Procedural Terminology code maintained by the American Medical Association;
(5)(a) If the kiosk has a physical location, the name and state license number of the provider who will read and interpret the diagnostic information and data shall be prominently displayed on the kiosk; or
(b) If the kiosk is an application, the name and state license number of the provider who will read and interpret the diagnostic information and data shall be displayed on the patient's prescription;
(6) Diagnostic information and data, including photographs and scans, gathered by the kiosk is read and interpreted by a provider if clinically appropriate; and
(7) The owner or lessee of the kiosk maintains liability insurance in an amount adequate to cover claims made by individuals diagnosed or treated based on information and data, including photographs and scans, generated by the kiosk.
Source
Laws 2016, LB235, § 4.