reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7911 - Liability for activities relating to peer review.

71-7911.
Liability for activities relating to peer review.
(1) A health care provider or an individual (a) serving as a member or employee of a peer review committee, working on behalf of a peer review committee, furnishing counsel or services to a peer review committee, or participating in a peer review activity as an officer, director, employee, or member of a professional health care service entity or an officer, director, employee, or member of the governing board of a facility which is a health care provider and (b) acting without malice shall not be held liable in damages to any person for any acts, omissions, decisions, or other conduct within the scope of the functions of a peer review committee.
(2) A person who makes a report or provides information to a peer review committee shall not be subject to suit as a result of providing such information if such person acts without malice.
Source
Laws 2011, LB431, § 8;
Laws 2019, LB119, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7912 - Confidentiality; discovery; availability of medical records, documents, or information; limitation; burden of proof.

71-7912.
Confidentiality; discovery; availability of medical records, documents, or information; limitation; burden of proof.
(1) The proceedings, records, minutes, and reports of a peer review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action. No person who attends a meeting of a peer review committee, works for or on behalf of a peer review committee, provides information to a peer review committee, or participates in a peer review activity as an officer, director, employee, or member of a professional health care service entity or an officer, director, employee, or member of the governing board of a facility which is a health care provider shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of the peer review committee or as to any findings, recommendations, evaluations, opinions, or other actions of the peer review committee or any members thereof.
(2) Nothing in this section shall be construed to prevent discovery or use in any civil action of medical records, documents, or information otherwise available from original sources and kept with respect to any patient in the ordinary course of business, but the records, documents, or information shall be available only from the original sources and cannot be obtained from the peer review committee's proceedings or records.
(3) A health care provider or individual claiming the privileges under this section has the burden of proving that the communications and documents are protected.
Source
Laws 2011, LB431, § 9;
Laws 2019, LB119, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-7913 - Incident report or risk management report; how treated; burden of proof.

71-7913.
Incident report or risk management report; how treated; burden of proof.
(1) An incident report or risk management report and the contents of an incident report or risk management report are not subject to discovery in, and are not admissible in evidence in the trial of, a civil action for damages for injury, death, or loss to a patient of a health care provider. A person who prepares or has knowledge of the contents of an incident report or risk management report shall not testify and shall not be required to testify in any civil action as to the contents of the report.
(2) A health care provider or individual claiming the privileges under this section has the burden of proving that the communications and documents are protected.
Source
Laws 2011, LB431, § 10;
Laws 2019, LB119, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8002 - Legislative intent.

71-8002.
Legislative intent.
It is the intent of the Legislature to provide legal recognition to the professional practice of industrial hygiene so as to provide assurance to government, business, private entities, and the public that a person who represents himself or herself as a certified industrial hygienist or a person who or an entity which represents that he, she, or it provides industrial hygiene services by or under the direction and supervision of a certified industrial hygienist is actually such individual or directly employs such individuals having the qualifications stated in the Certified Industrial Hygienist Title Protection Act.
Source
Laws 1997, LB 558, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8003 - Industrial hygiene, defined.

71-8003.
Industrial hygiene, defined.
For purposes of the Certified Industrial Hygienist Title Protection Act, industrial hygiene means the science and practice devoted to the anticipation, recognition, evaluation, and specification of controls of environmental factors, stressors, physical hazards, and chemical exposures associated with work and work operations that may cause sickness, impaired health and well-being, or significant discomfort among workers and the general community.
Source
Laws 1997, LB 558, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8004 - Individual; use of title; requirements.

71-8004.
Individual; use of title; requirements.
(1) An individual shall not use the title of or represent or advertise himself or herself as a certified industrial hygienist, CIH, or C.I.H. unless such individual has received the designation Certified Industrial Hygienist from the American Board of Industrial Hygiene and the designation as such has not lapsed or been revoked.
(2) An individual shall not use for title or professional identification or as a personal credential any variation on the terms described in subsection (1) of this section using the words "Certified Industrial Hygienist" and shall not use initials that indicate such a title unless the individual meets the requirements of this section.
Source
Laws 1997, LB 558, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8005 - Business enterprise; use of certified industrial hygienist required; when.

71-8005.
Business enterprise; use of certified industrial hygienist required; when.
A business enterprise shall not identify, represent, or advertise itself as a provider of industrial hygiene services provided by or under the direction and supervision of a certified industrial hygienist or a variation of such words unless the individuals directly employed by such enterprise to actually engage in any business practice which could be classified as industrial hygiene using the services of a certified industrial hygienist satisfy the requirements of the Certified Industrial Hygienist Title Protection Act. The action or intent of any business enterprise to provide for compensation the services of a certified industrial hygienist through subcontracting, subconsulting, or any means other than direct employment of a certified industrial hygienist shall be clearly conveyed in writing by the soliciting business enterprise to the prospective target audience of interest or buyer of such industrial hygiene services.
Source
Laws 1997, LB 558, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8006 - Violations; unfair trade practice; civil penalty.

71-8006.
Violations; unfair trade practice; civil penalty.
An individual or business enterprise who violates section 71-8004 or 71-8005 commits an unfair trade practice. Any person or entity injured by such a violation shall have a right of action against the violator for damages for each occurrence when any person or entity suffered or suffers loss.
An individual or business enterprise that violates the Certified Industrial Hygienist Title Protection Act shall be subject to a civil penalty of not more than two thousand dollars. The Attorney General or the county attorney of the county in which such violation occurs shall, when he or she has knowledge of such violation, institute an action in such county to collect the penalty imposed by this section. Money collected pursuant to such action shall be remitted to the State Treasurer for credit to the permanent school fund.
Source
Laws 1997, LB 558, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8007 - Act; applicability.

71-8007.
Act; applicability.
The Certified Industrial Hygienist Title Protection Act does not regulate or otherwise limit the activity of any individual or entity that does not represent or advertise himself, herself, or itself as a certified industrial hygienist, CIH, or C.I.H. or as a provider of services to be performed by a certified industrial hygienist.
Source
Laws 1997, LB 558, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8008 - Department of Health and Human Services; rules and regulations.

71-8008.
Department of Health and Human Services; rules and regulations.
The Department of Health and Human Services may adopt and promulgate rules and regulations to implement the Certified Industrial Hygienist Title Protection Act and to further regulate the use of the term certified industrial hygienist.
Source
Laws 1997, LB 558, § 8;
Laws 2007, LB296, § 687.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8201 - Act, how cited.

71-8201.
Act, how cited.
Sections 71-8201 to 71-8253 shall be known and may be cited as the Statewide Trauma System Act.
Source
Laws 1997, LB 626, § 1;
Laws 2015, LB46, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8202 - Legislative findings.

71-8202.
Legislative findings.
The Legislature finds and declares that:
(1) Trauma is a severe health problem in the State of Nebraska and a major cause of death and long-term disability;
(2) Trauma care is very limited in many parts of Nebraska, particularly in rural areas where there is a growing danger that some communities may be left without adequate emergency medical care;
(3) It is in the best interests of the citizens of Nebraska to establish an efficient and well-coordinated statewide trauma system to reduce costs and incidence of inappropriate and inadequate trauma care and emergency medical service; and
(4) The goals and objectives of a statewide trauma system are to: (a) Pursue trauma prevention activities to decrease the incidence of trauma; (b) provide optimal care for trauma victims; (c) prevent unnecessary death and disability from trauma and emergency illness; and (d) contain costs of trauma care and trauma system implementation.
Source
Laws 1997, LB 626, § 2;
Laws 2023, LB227, § 101.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8203 - Definitions, where found.

71-8203.
Definitions, where found.
For purposes of the Statewide Trauma System Act, the definitions found in sections 71-8204 to 71-8235 apply.
Source
Laws 1997, LB 626, § 3;
Laws 2015, LB46, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8204 - Advanced level rehabilitation center, defined.

71-8204.
Advanced level rehabilitation center, defined.
Advanced level rehabilitation center means a rehabilitation center which, in addition to the services provided at intermediate level and general level rehabilitation centers, provides services to patients with traumatic brain or spinal injuries, complicated amputations, and other diagnoses resulting in functional impairment in more than one functional area, with moderate to severe impairment or complexity, and serves as a referral facility for intermediate level and general level rehabilitative services.
Source
Laws 1997, LB 626, § 4;
Laws 2015, LB46, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8205 - Advanced level trauma center, defined.

71-8205.
Advanced level trauma center, defined.
Advanced level trauma center means a trauma center which, in addition to providing all of the services provided by basic level and general level trauma centers, also provides definitive care for complex and severe trauma, an emergency trauma team available within fifteen minutes, twenty-four hours per day, inhouse operating room personnel who initiate surgery, a neurosurgeon available who provides neurological assessment and stabilization, a broad range of specialists available for consultation or care, comprehensive diagnostic capabilities and support equipment, and appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room.
Source
Laws 1997, LB 626, § 5;
Laws 2009, LB195, § 88.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8207 - Basic level trauma center, defined.

71-8207.
Basic level trauma center, defined.
Basic level trauma center means a trauma center which has a trauma-trained physician, advanced practice registered nurse, or physician assistant available within thirty minutes to provide stabilization and transfer to a higher level trauma center when appropriate, which has basic equipment for resuscitation and stabilization, which maintains appropriate equipment for pediatric trauma patients for resuscitation and stabilization, and which may provide limited surgical intervention based upon the expertise of available onsite staff.
Source
Laws 1997, LB 626, § 7;
Laws 2000, LB 1115, § 86;
Laws 2009, LB195, § 89.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8209 - Complete data set, defined.

71-8209.
Complete data set, defined.
Complete data set means a predetermined set of demographic and medical definitions that includes the minimum data set with additional data points as set forth in the rules and regulations adopted under the Statewide Trauma System Act.
Source
Laws 1997, LB 626, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8210 - Comprehensive level trauma center, defined.

71-8210.
Comprehensive level trauma center, defined.
Comprehensive level trauma center means a trauma center which (1) provides the highest level of definitive, comprehensive care for patients with complex traumatic injury, (2) provides an emergency trauma team available within fifteen minutes, twenty-four hours per day, including inhouse, immediately available personnel who can initiate surgery and appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room, and (3) is responsible for research, education, and outreach programs for trauma.
Source
Laws 1997, LB 626, § 10;
Laws 2009, LB195, § 91.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8214 - Designation, defined.

71-8214.
Designation, defined.
Designation means a formal determination by the department that a hospital or health care facility is capable of providing designated trauma care or rehabilitative services as authorized in the Statewide Trauma System Act.
Source
Laws 1997, LB 626, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8215 - Emergency medical service, defined.

71-8215.
Emergency medical service, defined.
Emergency medical service means the organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
Source
Laws 1997, LB 626, § 15;
Laws 2012, LB646, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8217 - General level rehabilitation center, defined.

71-8217.
General level rehabilitation center, defined.
General level rehabilitation center means a rehabilitation center which provides services to individuals with musculoskeletal injuries, peripheral nerve injuries, uncomplicated lower extremity amputations, and other diagnoses resulting in functional impairment in one or more functional areas, with minimum to moderate impairment or complexity.
Source
Laws 1997, LB 626, § 17;
Laws 2015, LB46, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8218 - General level trauma center, defined.

71-8218.
General level trauma center, defined.
General level trauma center means a trauma center that (1) provides initial evaluation and stabilization, including surgical stabilization if appropriate, and general medical and surgical inpatient services to patients who can be maintained in a stable or improving condition without specialized care, (2) prepares for transfer and transfers patients meeting predetermined criteria pursuant to the rules and regulations adopted under the Statewide Trauma System Act to higher level trauma centers, (3) is physician directed within a formally organized trauma team, (4) provides trauma-trained physicians and nurses to the emergency department within thirty minutes of notification, (5) has personnel available who can initiate surgery, (6) has appropriate diagnostic capabilities and equipment, and (7) maintains appropriate equipment for pediatric trauma patients in the emergency department, intensive care unit, and operating room.
Source
Laws 1997, LB 626, § 18;
Laws 2009, LB195, § 93.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8219 - Hospital, defined.

71-8219.
Hospital, defined.
Hospital means a health care facility licensed under the Health Care Facility Licensure Act or a comparable health care facility operated by the federal government or located and licensed in another state.
Source
Laws 1997, LB 626, § 19;
Laws 2000, LB 819, § 146.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8220.01 - Intermediate level rehabilitation center, defined.

71-8220.01.
Intermediate level rehabilitation center, defined.
Intermediate level rehabilitation center means a rehabilitation center which provides rehabilitative services to individuals with musculoskeletal trauma, peripheral nerve lesions, lower extremity amputations, and other diagnoses resulting in functional impairment in one or more functional areas, with moderate to severe impairment or complexity.
Source
Laws 1997, LB 626, § 6;
R.S.1943, (2009), § 71-8206;
Laws 2015, LB46, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8224 - Patient care protocols, defined.

71-8224.
Patient care protocols, defined.
Patient care protocols means the written procedures adopted by the medical staff of a trauma center, specialty level burn or pediatric trauma center, or rehabilitation center that direct the care of the patient, based upon the assessment of the patient's medical needs. Patient care protocols shall follow minimum statewide standards for trauma care services.
Source
Laws 1997, LB 626, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8228 - Regional medical director, defined.

71-8228.
Regional medical director, defined.
Regional medical director means a physician licensed under the Uniform Credentialing Act.
Source
Laws 1997, LB 626, § 28;
Laws 1999, LB 594, § 62;
Laws 2007, LB296, § 689;
Laws 2007, LB463, § 1303;
Laws 2023, LB227, § 102.
Operative Date: September 2, 2023
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8229 - Rehabilitative services, defined.

71-8229.
Rehabilitative services, defined.
Rehabilitative services means a system or collection of comprehensive medical and therapy services that are interdisciplinary, coordinated, and resource-intense with the goal of restoring physical, cognitive, psychological, social, and vocational functioning so that an individual can return to home, work, or society, becoming a productive participant in his or her community.
Source
Laws 1997, LB 626, § 29;
Laws 2015, LB46, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8230 - Specialty level burn or pediatric trauma center, defined.

71-8230.
Specialty level burn or pediatric trauma center, defined.
Specialty level burn or pediatric trauma center means a trauma center that provides specialized care in the areas of burns or pediatrics.
Source
Laws 1997, LB 626, § 30;
Laws 2009, LB195, § 95;
Laws 2015, LB46, § 8;
Laws 2023, LB227, § 103.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8231 - State trauma medical director, defined.

71-8231.
State trauma medical director, defined.
State trauma medical director means a physician licensed under the Uniform Credentialing Act who advises the department and carries out duties under the Statewide Trauma System Act.
Source
Laws 1997, LB 626, § 31;
Laws 1999, LB 594, § 63;
Laws 2007, LB296, § 690;
Laws 2007, LB463, § 1304;
Laws 2023, LB227, § 104.
Operative Date: September 2, 2023
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8232 - Trauma, defined.

71-8232.
Trauma, defined.
Trauma means a single-system or multisystem injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability.
Source
Laws 1997, LB 626, § 32;
Laws 2009, LB195, § 96.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8234 - Trauma team, defined.

71-8234.
Trauma team, defined.
Trauma team means a team of physicians, nurses, medical technicians, and other personnel compiled to respond to an acutely injured patient upon the patient's arrival at the hospital.
Source
Laws 1997, LB 626, § 34;
Laws 2009, LB195, § 97;
Laws 2023, LB227, § 105.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8235 - Trauma system, defined.

71-8235.
Trauma system, defined.
Trauma system means an organized approach to providing care to trauma patients that provides personnel, facilities, and equipment for effective and coordinated trauma care. The trauma system shall identify facilities with specific capabilities to provide care and provide that trauma patients be treated at a designated trauma center appropriate to the patient's level of injury. Trauma system includes prevention, prehospital or out-of-hospital care, hospital care, and rehabilitative services.
Source
Laws 1997, LB 626, § 35;
Laws 2009, LB195, § 98;
Laws 2023, LB227, § 106.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8236 - State Trauma Advisory Board; created; members; terms; expenses.

71-8236.
State Trauma Advisory Board; created; members; terms; expenses.
The State Trauma Advisory Board is created. The board shall be composed of representatives knowledgeable in emergency medical services and trauma care, including emergency medical providers such as physicians, nurses, hospital personnel, prehospital or emergency care providers, local government officials, state officials, consumers, and persons affiliated professionally with health science schools. The Director of Public Health or his or her designee shall appoint the members of the board for staggered terms of three years each. The department shall provide administrative support to the board. All members of the board may be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177. The terms of members representing the same field shall not expire at the same time.
The board shall elect a chairperson and a vice-chairperson whose terms of office shall be for two years. The board shall meet at least twice per year by written request of the director or the chairperson.
Source
Laws 1997, LB 626, § 36;
Laws 1998, LB 898, § 1;
Laws 1999, LB 594, § 64;
Laws 2007, LB296, § 691;
Laws 2020, LB381, § 73;
Laws 2020, LB1002, § 51;
Laws 2023, LB227, § 107.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8237 - State Trauma Advisory Board; duties.

71-8237.
State Trauma Advisory Board; duties.
The State Trauma Advisory Board shall:
(1) Advise the department regarding trauma care needs throughout the state;
(2) Advise the Board of Emergency Medical Services regarding trauma care to be provided throughout the state by emergency medical services;
(3) Review proposed departmental rules and regulations for trauma care; and
(4) Recommend modifications in rules regarding trauma care.
Source
Laws 1997, LB 626, § 37;
Laws 2009, LB195, § 99;
Laws 2020, LB1002, § 52;
Laws 2023, LB227, § 108.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8239 - Statewide trauma system; rules and regulations; state trauma medical director and regional medical directors; appointment.

71-8239.
Statewide trauma system; rules and regulations; state trauma medical director and regional medical directors; appointment.
(1) The department, in consultation with and having solicited the advice of the State Trauma Advisory Board, shall maintain the statewide trauma system.
(2) The department, with the advice of the board, shall adopt and promulgate rules and regulations and develop injury prevention strategies to carry out the Statewide Trauma System Act.
(3) The Director of Public Health or his or her designee shall appoint the state trauma medical director and the regional medical directors.
(4) The department, with the advice of the board, shall identify the state and regional activities that create, operate, maintain, and enhance the statewide trauma system.
Source
Laws 1997, LB 626, § 39;
Laws 2007, LB296, § 692;
Laws 2009, LB195, § 100;
Laws 2023, LB227, § 109.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8240 - Department; statewide duties.

71-8240.
Department; statewide duties.
The department shall establish and maintain the following on a statewide basis:
(1) Trauma system objectives and priorities;
(2) Minimum trauma standards for facilities, equipment, and personnel for advanced, basic, comprehensive, and general level trauma centers and specialty level burn or pediatric trauma centers;
(3) Minimum standards for facilities, equipment, and personnel for advanced, intermediate, and general level rehabilitation centers;
(4) Minimum trauma standards for the development of facility patient care protocols;
(5) Trauma care regions as provided for in section 71-8250;
(6) A program for emergency medical services and trauma care research and development; and
(7) The designation of hospitals and health care facilities to provide designated trauma care services.
Source
Laws 1997, LB 626, § 40;
Laws 2009, LB195, § 101;
Laws 2015, LB46, § 9;
Laws 2020, LB1002, § 53;
Laws 2023, LB227, § 110.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8241 - Department; coordination.

71-8241.
Department; coordination.
The department shall facilitate coordination of the State Trauma Advisory Board and the Board of Emergency Medical Services to advise the department on development of the statewide trauma system.
Source
Laws 1997, LB 626, § 41;
Laws 2023, LB227, § 111.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8242 - Department; duties.

71-8242.
Department; duties.
The department shall:
(1) Maintain the statewide trauma registry pursuant to section 71-8248 to assess the effectiveness of trauma delivery and modify standards and other requirements of the statewide trauma system to improve the provision of emergency medical services and trauma care;
(2) Develop patient outcome measures to assess the effectiveness of trauma care in the system;
(3) Develop standards for regional trauma care quality assurance programs; and
(4) Coordinate and develop trauma prevention and education programs.
The department shall administer funding allocated to the department for the purpose of creating, maintaining, or enhancing the statewide trauma system.
Source
Laws 1997, LB 626, § 42;
Laws 2009, LB195, § 102;
Laws 2023, LB227, § 112.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8243 - Centers; categorized.

71-8243.
Centers; categorized.
Designated trauma centers and rehabilitation centers that receive trauma patients shall be categorized according to designation under the Statewide Trauma System Act.
Source
Laws 1997, LB 626, § 43;
Laws 1999, LB 594, § 65;
Laws 2009, LB195, § 103;
Laws 2023, LB227, § 113.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8244 - Designated center; requirements; request; appeal; revocation or suspension; notice; hearing.

71-8244.
Designated center; requirements; request; appeal; revocation or suspension; notice; hearing.
(1) Any hospital, facility, rehabilitation center, or specialty level burn or pediatric trauma center that desires to be a designated center shall request designation from the department whereby each agrees to maintain a level of commitment and resources sufficient to meet responsibilities and standards required by the statewide trauma system. The department shall determine by rule and regulation the manner and form of such requests.
(2) Upon receiving a request, the department shall review the request to determine whether there is compliance with standards for the trauma care level for which designation is desired or whether the appropriate verification or accreditation documentation has been submitted. Any hospital, facility, rehabilitation center, or specialty level burn or pediatric trauma center which submits verification or accreditation documentation from a recognized independent verification or accreditation body or public agency with standards that are at least as stringent as those of the State of Nebraska for the trauma care level for which designation is desired, as determined by the State Trauma Advisory Board, shall be designated by the department and shall be included in the trauma system or plan established under the Statewide Trauma System Act. Any medical facility that is currently verified or accredited shall be designated by the department at the corresponding level of designation for the same time period in Nebraska without the necessity of an onsite review by the department.
(3) Any medical facility applying for designation may appeal its designation. The appeal shall be in accordance with the Administrative Procedure Act.
(4) Except as otherwise provided in subsection (2) of this section, designation is valid for a period of four years and is renewable upon receipt of a request from the medical facility for renewal prior to expiration.
(5) The department may revoke or suspend a designation if it determines that the medical facility is substantially out of compliance with the standards and has refused or been unable to comply after a reasonable period of time has elapsed. The department shall promptly notify the regional trauma medical director of designation suspensions and revocations. Any rehabilitation or trauma center may request an administrative hearing to review a revocation or suspension action of the department.
Source
Laws 1997, LB 626, § 44;
Laws 2009, LB195, § 104;
Laws 2015, LB46, § 10;
Laws 2023, LB227, § 114.
Operative Date: September 2, 2023
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8245 - Designation of trauma centers; reviews; applicant; duties; confidentiality; fees.

71-8245.
Designation of trauma centers; reviews; applicant; duties; confidentiality; fees.
(1) The department may contract for reviews of such hospitals and health care facilities to determine compliance with required standards as part of the process to designate and renew the designation of hospitals and health care facilities as advanced, basic, comprehensive, or general level trauma centers. The applicant shall submit to the department documentation of current verification or accreditation as part of the process to designate a health care facility as a general, intermediate, or advanced level rehabilitation center or a specialty level burn or pediatric trauma center.
(2) Members of review teams and staff included in onsite visits shall not divulge and cannot be subpoenaed to divulge information obtained or reports written pursuant to this section in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department, in actions arising out of:
(a) The designation of a hospital or health care facility pursuant to section 71-8244;
(b) The revocation or suspension of a designation under such section; or
(c) The restriction or revocation of the clinical or staff privileges of a health care provider, subject to any further restrictions on disclosure that may apply.
(3) Information that identifies an individual patient shall not be publicly disclosed without the patient's consent.
(4) The department may establish fees to defray the costs of carrying out onsite reviews required by this section, but such fees shall not be assessed to health care facilities designated as basic or general level trauma centers.
(5) This section does not restrict the authority of a hospital or a health care provider to provide services which it has been authorized to provide by state law.
Source
Laws 1997, LB 626, § 45;
Laws 2009, LB195, § 105;
Laws 2015, LB46, § 11;
Laws 2023, LB227, § 115.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8247 - Trauma system quality assurance program; how established; participation.

71-8247.
Trauma system quality assurance program; how established; participation.
The board shall establish a committee for each trauma region to maintain a trauma system quality assurance program established and maintained by the health care facilities designated as advanced, basic, comprehensive, and general level trauma centers. The quality assurance program shall evaluate trauma data quality, trauma care delivery, patient care outcomes, and compliance with the Statewide Trauma System Act. The regional medical director shall participate in the program and all health care providers and facilities which provide trauma care services within the region shall be invited to participate in the quality assurance program.
Source
Laws 1997, LB 626, § 47;
Laws 2009, LB195, § 107;
Laws 2023, LB227, § 116.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8248 - Statewide trauma registry.

71-8248.
Statewide trauma registry.
The department shall establish and maintain a statewide trauma registry to collect and analyze data on the incidence, severity, and causes of trauma, including traumatic brain injury. The registry shall be used to improve the availability and delivery of prehospital or emergency care and hospital trauma care services. Specific data elements of the registry shall be defined by rule and regulation of the department. Every health care facility designated as an advanced, a basic, a comprehensive, or a general level trauma center, a specialty level burn or pediatric trauma center, an advanced, an intermediate, or a general level rehabilitation center, or a prehospital or emergency care provider shall furnish data to the registry. All other hospitals may furnish trauma data as required by the department by rule and regulation. All hospitals involved in the care of a trauma patient shall have unrestricted access to all prehospital reports for the trauma registry for that specific trauma occurrence.
Source
Laws 1997, LB 626, § 48;
Laws 2009, LB195, § 108;
Laws 2015, LB46, § 12;
Laws 2020, LB1002, § 54.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8249 - Statewide trauma registry; data; confidentiality.

71-8249.
Statewide trauma registry; data; confidentiality.
(1) All data collected under section 71-8248 shall be held confidential pursuant to sections 81-663 to 81-675. Confidential patient medical record data shall only be released as (a) Class I, II, or IV medical records under sections 81-663 to 81-675, (b) aggregate or case-specific data to the regional trauma system quality assurance program and the regional trauma advisory boards, (c) protected health information to a public health authority, as such terms are defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, and (d) protected health information, as defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, to an emergency medical service, to an emergency care provider, to a licensed health care facility, or to a center that will treat or has treated a specific patient.
A record may be shared with the emergency medical service, the emergency care provider, the licensed health care facility, or center that reported that specific record.
(2) Patient care quality assurance proceedings, records, and reports developed pursuant to this section and section 71-8248 are confidential and are not subject to discovery by subpoena or admissible as evidence in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department, pursuant to section 25-12,123.
Source
Laws 1997, LB 626, § 49;
Laws 2007, LB185, § 46;
Laws 2008, LB797, § 27;
Laws 2020, LB1002, § 55.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8250 - Trauma care regions; designated.

71-8250.
Trauma care regions; designated.
The department shall designate trauma care regions so that all parts of the state are within such a region.
Source
Laws 1997, LB 626, § 50;
Laws 2003, LB 467, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8253 - Act; how construed.

71-8253.
Act; how construed.
(1) If there are conflicts between the Statewide Trauma System Act and the Emergency Medical Services Practice Act pertaining to emergency medical services, the Emergency Medical Services Practice Act shall control.
(2) Nothing in the Statewide Trauma System Act shall limit a patient's right to choose the physician, hospital, facility, rehabilitation center, specialty level burn or pediatric trauma center, or other provider of health care services.
Source
Laws 1997, LB 626, § 53;
Laws 2007, LB463, § 1305;
Laws 2020, LB1002, § 57.
Cross References
Emergency Medical Services Practice Act, see section 38-1201.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8301 - Legislative intent.

71-8301.
Legislative intent.
It is the intent of the Legislature that quality health care services and human services be provided to all citizens of the state, that basic standards be developed to promote safe and adequate care of individuals in health care services facilities and human services facilities, that categories of facilities be regulated by the state solely for the purpose of protecting the public from unreasonable harm or danger, and that categories of facilities be regulated by the state only when it is demonstrated that regulation is in the best interest of the public.
The purposes of sections 71-8301 to 71-8314 are to establish criteria that provide for the determination of what categories of facilities should be regulated, to develop a quality improvement mechanism which would periodically examine and reexamine the laws, regulations, processes, and results of the facility regulation system, to establish a facility regulation system based on meaningful results, including quality indicators, and to assure that the development, application, and implementation of the facility regulation system is consistent and uniform.
Source
Laws 1998, LB 1073, § 107.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8302 - Definitions, where found.

71-8302.
Definitions, where found.
For purposes of sections 71-8301 to 71-8314, the definitions found in sections 71-8303 to 71-8307 are used.
Source
Laws 1998, LB 1073, § 108.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8305 - Health care services, defined.

71-8305.
Health care services, defined.
Health care services means services associated with the diagnosis and treatment of physical, mental, or emotional injury or illness or the prevention, rehabilitation, or continuing care related to health problems.
Source
Laws 1998, LB 1073, § 111.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8306 - Human services, defined.

71-8306.
Human services, defined.
Human services means services that assist individuals in the conduct of daily living and includes the provision of food and shelter, a minimum amount of such assistance and personal care, and health-related services for individuals who are in need of a protected environment but who are otherwise able to manage normal activities of daily living.
Source
Laws 1998, LB 1073, § 112.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8307 - Licensure, defined.

71-8307.
Licensure, defined.
Licensure means the permission granted by the state to provide health care services or human services to the public which would otherwise be unlawful without such permission and which is granted to facilities which meet prerequisite qualifications pertinent to public health, safety, and welfare.
Source
Laws 1998, LB 1073, § 113.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8308 - Facilities not previously licensed; credentialing; when.

71-8308.
Facilities not previously licensed; credentialing; when.
Credentialing of categories of facilities not previously licensed should occur only when:
(1) Credentialing is necessary to prevent harm or endangerment to the public health, safety, or welfare and the potential for the harm or endangerment is easily recognizable and not remote or dependent upon tenuous argument;
(2) Credentialing would not significantly diminish the supply of qualified providers or would not otherwise diminish the public's access to needed services; and
(3) There is no more cost-effective means of protecting the public from harm than credentialing.
Source
Laws 1998, LB 1073, § 114.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8309 - Facilities not previously licensed; legislative intent.

71-8309.
Facilities not previously licensed; legislative intent.
If the Legislature finds that it is necessary for the protection of the public to regulate categories of facilities not previously regulated by state law after reviewing the criteria in section 71-8308 and considering governmental and societal costs and benefits, it is the intent of the Legislature that the least restrictive regulatory provisions consistent with protecting the public health, safety, and welfare be implemented.
Source
Laws 1998, LB 1073, § 115.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8310 - Currently licensed facilities; changes in credentialing; when.

71-8310.
Currently licensed facilities; changes in credentialing; when.
Changes in the credentialing of categories of currently licensed facilities should occur only when:
(1) Credentialing is not needed to ensure the protection of the public health, safety, or welfare or the then current rules and regulations or statutory provisions are not providing adequate protection of the public health, safety, or welfare;
(2) Credentialing has been more detrimental than beneficial to the public health, safety, or welfare by diminishing the supply of qualified providers or the public's access to needed services; or
(3) There are more cost-effective means of protecting the public from harm than credentialing.
Source
Laws 1998, LB 1073, § 116.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8311 - Currently licensed facilities; legislative intent.

71-8311.
Currently licensed facilities; legislative intent.
If the Legislature finds that it is necessary for the protection of the public to make changes in the statutes regulating categories of facilities after reviewing the criteria in section 71-8310 and considering governmental and societal costs and benefits, it is the intent of the Legislature that changes be implemented which are the least restrictive regulatory provisions consistent with protecting the public health, safety, and welfare.
Source
Laws 1998, LB 1073, § 117.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8312 - Facility regulation system; periodic review.

71-8312.
Facility regulation system; periodic review.
The Department of Health and Human Services shall periodically examine and reexamine the regulations, processes, and results of the facility regulation system. Changes in the facility regulation system should occur whenever the department finds that:
(1) A program or procedure is not needed to ensure the protection of the public health, safety, or welfare or a program or procedure is not providing adequate protection of the public health, safety, or welfare;
(2) A program or procedure has been more detrimental than beneficial to the fulfillment of the department's regulatory responsibilities as defined by law or has diminished the supply of qualified providers or the public's access to needed services; or
(3) There are alternatives to a program or procedure that would more cost effectively fulfill the department's duties and responsibilities.
Source
Laws 1998, LB 1073, § 118;
Laws 2007, LB296, § 693.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8313 - Department; credentialing recommendations.

71-8313.
Department; credentialing recommendations.
The Department of Health and Human Services shall review the regulation or proposed regulation of categories of facilities based on the criteria in sections 71-8301 to 71-8314. On or before November 1 of each year, the department shall provide the Legislature electronically with recommendations for credentialing of categories of facilities not previously regulated and changes in the statutes governing the credentialing of categories of facilities.
Source
Laws 1998, LB 1073, § 119;
Laws 2007, LB296, § 694;
Laws 2012, LB782, § 126.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8314 - Sections; how construed.

71-8314.
Sections; how construed.
Nothing in sections 71-8301 to 71-8314 is intended to authorize any certificate of need activities for facilities or to authorize the licensure of private practice health care services offices.
Source
Laws 1998, LB 1073, § 120.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-8401 - Legislative findings.

71-8401.
Legislative findings.
The Legislature finds that medical records contain personal and sensitive information that if improperly used or released may do significant harm to a patient's interests. Patients need access to their own medical records as a matter of fairness to enable them to make informed decisions about their health care and correct inaccurate or incomplete information about themselves.
Source
Laws 1999, LB 17, § 1.