reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1958 - Quality scale rating; application; assignment of rating.

71-1958.
Quality scale rating; application; assignment of rating.
(1) Quality rating criteria shall be used as provided in this section to assign a quality scale rating to each applicable child care or early childhood education program if the program applies under section 71-1957 to participate in the quality rating and improvement system developed pursuant to section 71-1955.
(2) Licensure under the Child Care Licensing Act for a program which serves children from birth to kindergarten-entrance age shall be sufficient criteria to be rated at step one.
(3) Meeting criteria established by the State Department of Education for a prekindergarten service or prekindergarten program established pursuant to section 79-1104 and reporting to the Nebraska Early Childhood Professional Record System created under section 71-1962 shall be sufficient criteria to be rated at step three.
(4) Meeting performance standards required by the federal government for a federal Head Start program or Early Head Start program and reporting to the Nebraska Early Childhood Professional Record System created under section 71-1962 shall be sufficient criteria to be rated at step three.
(5) Accreditation by a nationally recognized accrediting body approved by the State Department of Education and reporting to the Nebraska Early Childhood Professional Record System created under section 71-1962 shall be sufficient criteria to be rated at step three.
(6) A participating applicable child care or early childhood education program operating under a provisional license shall have a quality scale rating at step one even if it meets other quality rating criteria. A participating applicable child care or early childhood education program in good standing operating under a provisional license due to a change in license type may be rated above step one. If a participating applicable child care or early childhood education program is at a quality scale rating higher than step one and the program's license is placed on disciplinary limitation, probation, or suspension, such program shall have its quality scale rating changed to step one. If an applicable child care or early childhood education program's license is revoked, the program is not eligible to participate in or receive a quality scale rating under the quality rating and improvement system until the program has an operating license which is in full force and effect.
Source
Laws 2013, LB507, § 7;
Laws 2016, LB1066, § 1;
Laws 2021, LB351, § 1.
Cross References
Child Care Licensing Act, see section 71-1908.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1959 - Quality scale rating review; reevaluation.

71-1959.
Quality scale rating review; reevaluation.
(1) An applicable child care or early childhood education program participating in the quality rating and improvement system developed pursuant to section 71-1955 may apply no more than once each fiscal year to have its quality scale rating reviewed.
(2) A participant shall meet all of the quality rating criteria for a step-two rating prior to applying for a step-three, step-four, or step-five rating. To meet quality rating criteria for a step-three, step-four, or step-five rating, a participant shall be independently evaluated based upon the quality rating criteria.
(3) A participant with a quality scale rating at step two through step four shall be reevaluated at least once every two fiscal years but no more than once in any fiscal year, including any review pursuant to subsection (1) of this section. A participant with a quality scale rating at step five shall be reevaluated at least once every five years but no more than once in any fiscal year. If a participant has achieved accreditation and is being reevaluated by a nationally recognized accrediting body approved by the State Department of Education, the state shall make reasonable efforts to conduct its reevaluation in the same fiscal year that the accrediting body is reevaluating the program.
Source
Laws 2013, LB507, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1960 - License under Child Care Licensing Act; denial of license or disciplinary act authorized.

71-1960.
License under Child Care Licensing Act; denial of license or disciplinary act authorized.
The Department of Health and Human Services may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act to a participating applicable child care or early childhood education program for failure to comply with the Step Up to Quality Child Care Act.
Source
Laws 2013, LB507, § 9.
Cross References
Child Care Licensing Act, see section 71-1908.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1961 - Quality rating and improvement system incentives and support.

71-1961.
Quality rating and improvement system incentives and support.
Quality rating and improvement system incentives and support under the Step Up to Quality Child Care Act shall include, but not be limited to:
(1) Tiered child care subsidy reimbursements as provided in section 68-1206 based upon quality scale ratings of step three or higher that reflect the cost of higher quality programs and promote affordability of high-quality child care and early childhood education programs for all families;
(2) Incentive bonuses given to providers of child care and early childhood education programs upon completion of specific requirements of step two ratings or higher to improve quality based upon the quality rating criteria established pursuant to sections 71-1956 and 71-1958;
(3) Professional development, training, and scholarships developed in collaboration with community-based organizations, postsecondary education representatives, and other stakeholders;
(4) Support that expands family engagement in and understanding of high-quality early childhood education in ways that are inclusive and respectful of diversity of families and children with special needs; and
(5) Other incentives as necessary to carry out the Step Up to Quality Child Care Act.
Source
Laws 2013, LB507, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1963 - Quality scale ratings available on website; when.

71-1963.
Quality scale ratings available on website; when.
By July 1, 2017, the Department of Health and Human Services in collaboration with the State Department of Education shall make the quality scale ratings of participating applicable child care and early childhood education programs under the quality rating and improvement system developed pursuant to section 71-1955 available on a publicly accessible website to provide parents a tool by which to evaluate the quality of child care and early childhood education programs and to promote accountability for public funding of such programs.
Source
Laws 2013, LB507, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2002 - Terms, defined.

71-2002.
Terms, defined.
For purposes of the State Hospital Survey and Construction Act:
(1) Department shall mean the Department of Health and Human Services;
(2) The federal act shall mean, but is not restricted to, Public Law 88-156, Public Law 88-164, Public Law 88-581, Public Law 88-443, and other measures of similar intent which have been, or may in the future be, passed by the Congress of the United States;
(3) The Surgeon General shall mean the Surgeon General of the Public Health Service of the United States or such other federal office or agency responsible for the administration of the federal Hospital Survey and Construction Act, 42 U.S.C. 291 and amendments thereto;
(4) Hospital includes, but is not restricted to, facilities or parts of facilities, which provide space for public health centers, mental health clinics, and general, tuberculosis, mental, long-term care, and other types of hospitals, and related facilities, such as homes for the aged or infirm, laboratories, out-patient departments, nurses' home and educational facilities, and central service facilities operated in connection with hospitals;
(5) Public health center shall mean a publicly owned facility for providing public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers; and
(6) Nonprofit hospital shall mean any hospital owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
Source
Laws 1947, c. 232, § 2, p. 733;
Laws 1965, c. 421, § 1, p. 1349;
Laws 1971, LB 753, § 1;
Laws 1996, LB 1044, § 593;
Laws 2007, LB296, § 507.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2003 - Department; duties.

71-2003.
Department; duties.
The department shall constitute the sole agency of the state for the purpose of (1) making an inventory of existing hospitals, surveying the need for construction of hospitals, and developing a program of hospital construction as provided in section 71-2007, and (2) developing and administering a state plan for the construction of public and other nonprofit hospitals as provided in the State Hospital Survey and Construction Act.
Source
Laws 1947, c. 232, § 3, p. 734;
Laws 1965, c. 421, § 2, p. 1350;
Laws 1996, LB 1044, § 594;
Laws 1997, LB 307, § 179;
Laws 2007, LB296, § 508.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2004 - Department; powers and duties.

71-2004.
Department; powers and duties.
In carrying out the purposes of the State Hospital Survey and Construction Act, the department is authorized and directed:
(1) To require such reports, make such inspections and investigations, and prescribe such regulations as it deems necessary;
(2) To provide such methods of administration, appoint an assistant director and other personnel of the division, and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder;
(3) To procure the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
(4) To the extent desirable to effectuate the purposes of the State Hospital Survey and Construction Act, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;
(5) To accept on behalf of the state and to deposit with the State Treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of the act and to expend the same for such purpose; and
(6) To match funds with federal grants when required in order to obtain such funds in carrying out the act.
Source
Laws 1947, c. 232, § 4, p. 734;
Laws 1967, c. 450, § 1, p. 1397;
Laws 1981, LB 545, § 21;
Laws 2007, LB296, § 509.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2006 - Administration; appropriation by the Legislature; expenditures; certification by department.

71-2006.
Administration; appropriation by the Legislature; expenditures; certification by department.
Such money as may be appropriated by the Legislature for the administration of the State Hospital Survey and Construction Act shall be expended upon proper certification by the department as provided by law.
Source
Laws 1947, c. 232, § 6, p. 736;
Laws 1965, c. 421, § 4, p. 1351;
Laws 2007, LB296, § 510.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2007 - Department; inventory; survey; planning; program.

71-2007.
Department; inventory; survey; planning; program.
The department is authorized and directed to make an inventory of existing hospitals and medical facilities, including, but not restricted to, public, nonprofit and proprietary hospitals and other medical facilities, to accumulate pertinent comparable statistical data from existing hospitals and medical facilities, to survey the need for construction or expansion of hospitals and, on the basis of such statistical data, inventory and survey, and to develop a program for the construction or expansion of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital, clinic, and other essential health services without duplication or fragmentation of such facilities or services to all the people of the state.
Source
Laws 1947, c. 232, § 7, p. 736;
Laws 1965, c. 421, § 5, p. 1351;
Laws 1972, LB 1310, § 1;
Laws 2007, LB296, § 511.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2008 - Construction program.

71-2008.
Construction program.
The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility service reasonably accessible to all persons in the state.
Source
Laws 1947, c. 232, § 8, p. 736;
Laws 1965, c. 421, § 6, p. 1351.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2009 - Survey and planning; application for federal funds; expenditure.

71-2009.
Survey and planning; application for federal funds; expenditure.
The department is authorized to make application to the Surgeon General for federal funds to assist in carrying out the activities provided in the State Hospital Survey and Construction Act. Such funds shall be deposited in the state treasury and shall be available when appropriated for expenditure for carrying out the purposes of the act. Any such funds received and not expended for such purposes shall be repaid to the Treasury of the United States.
Source
Laws 1947, c. 232, § 9, p. 736;
Laws 1965, c. 421, § 7, p. 1352;
Laws 2007, LB296, § 512.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2010 - State plan; notice; hearing; submission to Surgeon General; hearing; approval of plans; review of program.

71-2010.
State plan; notice; hearing; submission to Surgeon General; hearing; approval of plans; review of program.
The department shall prepare and submit to the Surgeon General a state plan which shall include the hospital construction program developed under the State Hospital Survey and Construction Act, and which shall provide for the establishment, administration, and operation of hospital and medical facility construction activities in accordance with the requirements of the federal act and regulations thereunder. The department shall, prior to the submission of such plan to the Surgeon General, give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the Surgeon General, the department shall make the plan, or plans, or a copy thereof, available upon request to all interested persons or organizations. The department shall from time to time review the hospital construction program and submit to the Surgeon General any modifications necessary, and may submit to the Surgeon General such modifications of the state plan, or plans, not inconsistent with the requirements of the federal act.
Source
Laws 1947, c. 232, § 10, p. 737;
Laws 1965, c. 421, § 8, p. 1352;
Laws 2007, LB296, § 513.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2011 - Department; maintenance and operation of hospitals and medical facilities; prescribe minimum standards.

71-2011.
Department; maintenance and operation of hospitals and medical facilities; prescribe minimum standards.
The department shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and other medical facilities which receive federal aid for construction under the state plan.
Source
Laws 1947, c. 232, § 11, p. 737;
Laws 1965, c. 421, § 9, p. 1353;
Laws 2007, LB296, § 514.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2012 - State plan; need; construction.

71-2012.
State plan; need; construction.
The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operations make possible, in the order of such relative need.
Source
Laws 1947, c. 232, § 12, p. 737.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2013 - Construction projects; federal funds; application; requirements.

71-2013.
Construction projects; federal funds; application; requirements.
Applications for hospital construction projects for which federal funds are requested shall be submitted to the department and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a hospital. Each such application shall conform to federal and state requirements.
Source
Laws 1947, c. 232, § 13, p. 737;
Laws 1965, c. 421, § 10, p. 1353;
Laws 2007, LB296, § 515.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2014 - Construction projects; hearing; approval; recommendation of department.

71-2014.
Construction projects; hearing; approval; recommendation of department.
The department shall afford to every applicant for a construction project an opportunity for a fair hearing. If the department, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of section 71-2013 and is otherwise in conformity with the state plan, such application shall be approved and shall be recommended and forwarded to the Surgeon General.
Source
Laws 1947, c. 232, § 14, p. 738;
Laws 2007, LB296, § 516.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2015 - Construction projects; inspection; certification of work performed; payment due.

71-2015.
Construction projects; inspection; certification of work performed; payment due.
From time to time the department shall inspect each construction project approved by the Surgeon General and, if the inspection so warrants, the department shall certify to the Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
Source
Laws 1947, c. 232, § 15, p. 738;
Laws 2007, LB296, § 517.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2016 - Hospital and Medical Facilities Fund; State Treasurer; disbursement by warrants; funds; investment.

71-2016.
Hospital and Medical Facilities Fund; State Treasurer; disbursement by warrants; funds; investment.
The State Treasurer is hereby authorized to receive federal funds and transmit them to such applicants or to the department, if to carry out any survey, administration, or other authorized function. There is hereby established, separate and apart from all public money and funds of this state, a Hospital and Medical Facilities Fund. Money from the federal government for any authorized purpose of survey, planning, administration, or construction of approved projects, shall be received by the State Treasurer for credit to the fund. Warrants for all payments from the fund shall be drawn and paid in the manner provided by law. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1947, c. 232, § 16, p. 738;
Laws 1965, c. 421, § 11, p. 1353;
Laws 1969, c. 584, § 71, p. 2388;
Laws 1995, LB 7, § 75.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2048.01 - Clinical privileges; standards and procedures.

71-2048.01.
Clinical privileges; standards and procedures.
Any hospital required to be licensed under the Health Care Facility Licensure Act shall not deny clinical privileges to physicians and surgeons, podiatrists, osteopathic physicians, osteopathic physicians and surgeons, certified nurse midwives, licensed psychologists, or dentists solely by reason of the credential held by the practitioner. Each such hospital shall establish reasonable standards and procedures to be applied when considering and acting upon an application for medical staff membership and privileges. Once an application is determined to be complete by the hospital and is verified in accordance with such standards and procedures, the hospital shall notify the applicant of its initial recommendation regarding membership and privileges within one hundred twenty days.
Source
Laws 1989, LB 646, § 1;
Laws 1998, LB 1073, § 122;
Laws 2000, LB 819, § 99;
Laws 2011, LB68, § 1.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2056 - Legislative findings.

71-2056.
Legislative findings.
The Legislature finds that the market for hospital and health care services is becoming increasingly competitive, that hospitals and other health care providers are contracting to engage in economic joint ventures to form partnerships to offer integrated health care services to the public, and that this increasing competition is forcing hospitals and other health care providers to develop market strategies and strategic plans to effectively compete. The purpose of sections 71-2056 to 71-2061 is to enhance the ability of public hospitals to compete effectively and equally in the market for health care services.
Source
Laws 1985, LB 61, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2057 - Terms, defined.

71-2057.
Terms, defined.
For purposes of sections 71-2056 to 71-2061, unless the context otherwise requires:
(1) Hospital health services means, but is not limited to, any health care clinical, diagnostic, or rehabilitation service and any administrative, managerial, health system, or operational service incident to such service;
(2) Market strategy means any plan, strategy, or device developed or intended to promote, sell, or offer to sell any hospital health service;
(3) Strategic plan means any plan, strategy, or device developed or intended to construct, operate, or maintain a health facility or to engage in providing, promoting, or selling a hospital health service; and
(4) Tangible benefit means, but is not limited to, any (a) reasonable expectation of a demonstrable increase in or maintenance of usage of the provider's services, (b) contractual provision requiring quality control of patient care and participation in a resource monitoring procedure, (c) reasonable expectation of prompt payment for any service rendered, or (d) activity that promotes health or furthers the provider's mission.
Source
Laws 1985, LB 61, § 2;
Laws 1995, LB 366, § 5;
Laws 2012, LB995, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2058 - Public hospital; marketing strategies and plans authorized.

71-2058.
Public hospital; marketing strategies and plans authorized.
In addition to powers and duties otherwise provided by law, a hospital which is owned or operated by a political subdivision, state agency, or other governmental entity may develop marketing strategies for its existing hospital health services or any hospital health service to be provided in the future and may develop strategic plans for the development of any future hospital health service or facility. Market strategies and strategic plans may be developed in cooperation with other health care providers.
Source
Laws 1985, LB 61, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2059 - Governmental body; powers.

71-2059.
Governmental body; powers.
A political subdivision, state agency, or other governmental entity which owns or operates a hospital or hospital health service may, relative to the delivery of health care services:
(1) Enter into agreements with other health care providers, both governmental and nongovernmental, to share services or provide a tangible benefit to the hospital and into other cooperative ventures;
(2) Join or sponsor membership in organizations or associations intended to benefit the hospital or hospitals in general;
(3) Enter into contractual joint ventures with other governmental hospitals and health care organizations or nonprofit hospitals and health care organizations when entering into such a joint venture provides a tangible benefit to the residents of the political subdivision, state agency, or other governmental entity that owns or operates a hospital or health service;
(4) Hold a membership interest in a nonprofit corporation when holding such interest provides a tangible benefit to the residents of the political subdivision, state agency, or other governmental entity that owns or operates a hospital or health service;
(5) Have members of its governing authority or its officers or administrators serve without pay as directors or officers of any such venture;
(6) Offer, directly or indirectly, products and services of the hospital or any such venture to the general public; and
(7) Acquire, erect, staff, equip, or operate one or more medical office buildings, clinic buildings, or other buildings or parts thereof for medical services both within and outside the jurisdiction of the political subdivision, state agency, or other governmental entity. Such buildings or parts may be freestanding facilities or additions to or parts of an existing hospital or health care facility. Unless the political subdivision, state agency, or other governmental entity declares otherwise, the building or parts shall be considered an addition or improvement to the existing facilities. The political subdivision, state agency, or other governmental entity may lease all or part of such building to one or more health care practitioners or groups of health care practitioners or otherwise allow health care practitioners the use thereof on such terms as the political subdivision, state agency, or other governmental entity deems appropriate. Such lease or other use shall not be required to comply with public bidding requirements or approval of the electorate.
Source
Laws 1985, LB 61, § 4;
Laws 1992, LB 1019, § 77;
Laws 1993, LB 121, § 430;
Laws 2012, LB995, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2060 - Conversion of public funds.

71-2060.
Conversion of public funds.
The conversion of public funds intended for or contributed to an undertaking authorized by section 71-2059 for the benefit of any individual shall constitute grounds for review and action by the Attorney General or the county attorney pursuant to sections 28-509 to 28-518.
Source
Laws 1985, LB 61, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2061 - Public hospital; indebtedness, how construed; expenditures, limitation; membership interests and contractual joint ventures; how construed.

71-2061.
Public hospital; indebtedness, how construed; expenditures, limitation; membership interests and contractual joint ventures; how construed.
(1) All agreements and obligations undertaken and all securities issued, as permitted under sections 71-2056 to 71-2061, by a hospital which is owned or operated by a political subdivision, state agency, or other governmental entity shall be exclusively an obligation of the hospital and shall not create an obligation or debt of the state or any political subdivision, state agency, or other governmental entity. The full faith and credit of the state or of any political subdivision, state agency, or other governmental entity shall not be pledged for the payment of any securities issued by such a hospital, nor shall the state or any political subdivision, state agency, or other governmental entity be liable in any manner for the payment of the principal of or interest on any securities of such a hospital or for the performance of any pledge, mortgage, obligation, or agreement of any kind that may be undertaken by such a hospital.
(2) Expenditures permitted by sections 71-2056 to 71-2061 to be made by or on behalf of a hospital shall be for operating and maintaining public hospitals and public facilities for a public purpose. No such expenditure shall be considered to be a giving or lending of the credit of the state, or a granting of public money or a thing of value, in aid of any individual, association, or corporation within the meaning of any constitutional or statutory provision.
(3) Membership interests and contractual joint ventures permitted by section 71-2059 that further the purposes of the political subdivision, state agency, or other governmental entity shall not be considered to cause the political subdivision, state agency, or other governmental entity to become a subscriber or owner of capital stock or any interest in a private corporation or association within the meaning of Nebraska law.
Source
Laws 1985, LB 61, § 6;
Laws 2012, LB995, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2075 - Written estimate of charges; when required; notice.

71-2075.
Written estimate of charges; when required; notice.
(1) Upon the written request of a prospective patient, his or her attending physician, or any authorized agent of the prospective patient, each hospital, except hospitals excluded under section 1886(d)(1)(B) of Public Law 98-21, the Social Security Act Amendments of 1983, and ambulatory surgical center shall provide a written estimate of the average charges for health services related to a particular diagnostic condition or medical procedure if such services are provided by the hospital or center. Such written request shall include a written medical diagnosis made by a health care practitioner licensed to provide such diagnosis. The prospective patient or his or her agent may also provide to the hospital or center the prospective patient's age and sex, any complications or co-morbidities of the prospective patient, other procedures required for the prospective patient, and other information which would allow the hospital or center to provide a more accurate or detailed estimate. Such estimate shall be provided within seven working days from the date of submission of the written request and information necessary to prepare such an estimate.
(2) All hospitals and ambulatory surgical centers shall provide notice to the public that such hospital or center will provide an estimate of charges for medical procedures or diagnostic conditions pursuant to subsection (1) of this section. Such public notice shall be provided either as a part of the advertising or promotional materials of the hospital or center or by posting a notice in an obvious place within the public areas of the hospital or center.
Source
Laws 1985, LB 382, § 14;
Laws 1994, LB 1210, § 120.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2076 - Listing of common diagnostic related groups; when required.

71-2076.
Listing of common diagnostic related groups; when required.
(1) Effective January 1, 1986, each hospital, except hospitals excluded under section 1886(d)(1)(B) of Public Law 98-21, the Social Security Act Amendments of 1983, and ambulatory surgical center shall identify the twenty most common diagnostic related groups for which services are provided by the hospital or center. Such listing of diagnostic related groups shall be made available to consumers of health care, along with the range of average charges for treatment and the associated average length of stay for each diagnostic related group listed. Such listing shall be provided to any person upon request. The information included in the listing shall show the date prepared and shall be regularly updated every six months.
(2) Any hospital or ambulatory surgical center which provides services for fewer than twenty diagnostic related groups or performs an insufficient number of procedures to compute a statistically valid average shall provide a listing to the public of the most common diagnostic related groups provided by the hospital or center and the average charges and length of stay for which a valid statistical average is available and shall disclose the circumstances for such limited available data.
Source
Laws 1985, LB 382, § 15;
Laws 1994, LB 1210, § 121.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2078 - Injury data; legislative findings.

71-2078.
Injury data; legislative findings.
The Legislature finds and declares that the cost of injury and the deaths associated with injury are of a vital concern to the health of the residents of the State of Nebraska. The Legislature further finds that the availability of reliable injury data is necessary in order to provide for the protection and promotion of the health of the residents of the state. It is the intent of the Legislature to assist in and encourage injury prevention by requiring that specific data relating to injuries be available to health care professionals and analysts in order that such data be utilized for research, analytical, and statistical purposes.
Source
Laws 1993, LB 387, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2079 - Terms, defined.

71-2079.
Terms, defined.
For purposes of sections 71-2078 to 71-2082:
(1) Hospital shall have the meaning found in section 71-419; and
(2) Hospital uniform billing form shall mean the Health Care Financing Administration claim form number 1450 mandated for the medicare program pursuant to sections 1814(a)(2) and 1871 of the federal Social Security Act, as amended, developed by the National Uniform Billing Committee and commonly referred to as the uniform billing claim form number 92.
Source
Laws 1993, LB 387, § 2;
Laws 2000, LB 819, § 101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2080 - Diagnosis code; required.

71-2080.
Diagnosis code; required.
Beginning on January 1, 1994, each hospital in this state shall provide a diagnosis code for the external cause of an injury, poisoning, or adverse effect for every patient discharged from a hospital, receiving outpatient services, or released from observation for whom such a code would be appropriate. The diagnosis code shall be used in addition to other codes required under federal or state statute, rule, or regulation. The diagnosis code shall be the same as the code required by the International Classification of Diseases, Ninth Revision, Clinical Modification System, or its most recent revision, and shall be entered on the hospital uniform billing form.
Source
Laws 1993, LB 387, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2081 - Hospital; submission of data; release by department.

71-2081.
Hospital; submission of data; release by department.
For each hospital uniform billing form on which a diagnosis code for the external cause of an injury, poisoning, or adverse effect is entered pursuant to section 71-2080, each hospital in this state shall submit data to the Department of Health and Human Services. Such data shall be submitted quarterly and shall include, but not be limited to, the diagnosis code for the external cause of an injury, poisoning, or adverse effect, other diagnosis codes, the procedure codes, admission date, discharge date, disposition code, and demographic data to include, but not be limited to, the birthdate, sex, city and county of residence, and zip code of residence for every patient discharged from a hospital, receiving outpatient services, or released from observation for whom a diagnosis code for the external cause of an injury, poisoning, or adverse effect is recorded pursuant to section 71-2080. This data shall be submitted to the department in written or computer form. The data provided to the department under this section shall be classified for release as determined by the department only in aggregate data reports created by the department. Such aggregate data reports shall be considered public documents.
Source
Laws 1993, LB 387, § 4;
Laws 1996, LB 1044, § 610;
Laws 2005, LB 301, § 41;
Laws 2007, LB296, § 518.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2082 - Department; adopt rules and regulations.

71-2082.
Department; adopt rules and regulations.
The Department of Health and Human Services shall adopt and promulgate rules and regulations governing the recordation, acquisition, compilation, and dissemination of all data collected pursuant to sections 71-2078 to 71-2082.
Source
Laws 1993, LB 387, § 5;
Laws 1996, LB 1044, § 611;
Laws 2007, LB296, § 519.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2083 - Surgical infections; report required.

71-2083.
Surgical infections; report required.
Each hospital licensed in Nebraska shall, at least annually, provide surgeons performing surgery at such hospital a report as to the number and rates of surgical infections in surgical patients of such surgeon.
Source
Laws 1994, LB 1210, § 112.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2084 - Terms, defined.

71-2084.
Terms, defined.
For purposes of sections 71-2084 to 71-2096:
(1) Department means the Department of Health and Human Services; and
(2) Health care facility means a health care facility subject to licensing under the Health Care Facility Licensure Act.
Source
Laws 1983, LB 274, § 1;
R.S.1943, (1990), § 71-6001;
Laws 1995, LB 406, § 60;
Laws 1996, LB 1044, § 612;
Laws 2000, LB 819, § 102;
Laws 2007, LB296, § 520.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2085 - Appointment of receiver; conditions.

71-2085.
Appointment of receiver; conditions.
The department may petition the district court of Lancaster County or the county where the health care facility is located for appointment of a receiver for a health care facility when any of the following conditions exist:
(1) If the department determines that the health, safety, or welfare of the residents or patients is in immediate danger;
(2) The health care facility is operating without a license;
(3) The department has suspended, revoked, or refused to renew the existing license of the health care facility;
(4) The health care facility is closing, or has informed the department that it intends to close, and adequate arrangements for the relocation of the residents or patients of such health care facility have not been made at least thirty days prior to closure; or
(5) The department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, and because of the unwillingness or inability of the licensee, owner, or operator to remedy the emergency, the department believes a receiver is necessary.
Source
Laws 1983, LB 274, § 2;
R.S.1943, (1990), § 71-6002;
Laws 1995, LB 406, § 61;
Laws 2020, LB1053, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2088 - Receiver; powers.

71-2088.
Receiver; powers.
A receiver appointed under section 71-2086 may exercise those powers and shall perform those duties set out by the court. A receiver may:
(1) Assume the role of administrator and take control of day-to-day operations or name an administrator to conduct the day-to-day operations of the health care facility subject to the supervision and direction of the receiver;
(2) Remedy violations of federal and state laws and regulations governing the operation of the health care facility;
(3) Let contracts and hire agents and employees, including legal counsel, to carry out the powers and duties of the receiver; and
(4) Hire or discharge any employees including the administrator.
Source
Laws 1995, LB 406, § 64.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2089 - Receiver; litigation authorized.

71-2089.
Receiver; litigation authorized.
The receiver in its discretion may, but shall not be required to, defend any claim, suit, or action against the receiver or the health care facility arising out of conditions, actions, or circumstances occurring or continuing at the health care facility after the appointment of the receiver. The receiver in its discretion may, but shall not be required to, defend any licensure, certification, or injunctive action initiated by the department after its appointment. The receiver shall not appeal or continue the appeal of any licensure or certification action initiated by the department against the health care facility before the appointment of the receiver. The receiver shall cooperate with the owner or operator in any defense undertaken by the owner or operator against any claim, suit, or action against him or her or the health care facility, including, but not limited to, any licensure, certification, or injunctive action taken by the department.
Source
Laws 1995, LB 406, § 65.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2090 - Property and records; inspection by department.

71-2090.
Property and records; inspection by department.
The department may inspect the health care facility at any time during the receivership, and the receiver shall cooperate with the department in any such inspection. All records required by federal or state statutes and regulations shall be kept on the premises of the health care facility and shall be available for inspection and copying by any authorized employee of the department.
Source
Laws 1995, LB 406, § 66.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2091 - Receivership; receiver responsibility; successor appointed; when.

71-2091.
Receivership; receiver responsibility; successor appointed; when.
The receiver is responsible for the conduct of the health care facility during the receivership. The department may apply to the court for an order terminating the appointment of a receiver and appointing a successor receiver when violations of federal or state laws or regulations occur during the receivership or for other appropriate reasons.
Source
Laws 1995, LB 406, § 67.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2093 - Receivership; payment of expenses.

71-2093.
Receivership; payment of expenses.
The health care facility for which a receiver is appointed shall be responsible for payment of the expenses of a receivership established under section 71-2086 unless the court directs otherwise. The expenses include, but are not limited to:
(1) Compensation for the receiver and any related receivership expenses approved by the court;
(2) Expenses incurred by the health care facility for the continuing care of the residents or patients of the health care facility;
(3) Expenses incurred by the health care facility for the maintenance of buildings and grounds of the health care facility; and
(4) Expenses incurred by the health care facility in the ordinary course of business, such as employees' salaries and accounts payable.
Source
Laws 1983, LB 274, § 5;
R.S.1943, (1990), § 71-6005;
Laws 1995, LB 406, § 69;
Laws 2020, LB1053, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2095 - Receivership; acts not precluded; effect on liability.

71-2095.
Receivership; acts not precluded; effect on liability.
Sections 71-2086 to 71-2094 shall not:
(1) Preclude the sale or lease of a health care facility as otherwise provided by law; or
(2) Affect the civil or criminal liability of the licensee, owner, or operator of the health care facility placed in receivership for any acts or omissions of the licensee, owner, or operator which occurred before the receiver was appointed.
Source
Laws 1983, LB 274, § 6;
R.S.1943, (1990), § 71-6006;
Laws 1995, LB 406, § 71.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2096 - Interference with enforcement; penalty.

71-2096.
Interference with enforcement; penalty.
(1) Any person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department in the lawful enforcement of sections 71-2084 to 71-2096 shall be guilty of a Class IV misdemeanor. For purposes of this subsection, lawful enforcement includes, but is not limited to, (a) contacting or interviewing any resident or patient of a health care facility in private at any reasonable hour and without advance notice, (b) examining any relevant books or records of a health care facility, or (c) preserving evidence of any violations of sections 71-2084 to 71-2096.
(2) The county attorney of the county in which the health care facility is located or the Attorney General may be requested by the department to initiate prosecution.
Source
Laws 1983, LB 274, § 7;
R.S.1943, (1990), § 71-6007;
Laws 1995, LB 406, § 72;
Laws 2007, LB296, § 522.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2097 - Terms, defined.

71-2097.
Terms, defined.
For purposes of sections 71-2097 to 71-20,101:
(1) Civil penalty includes any remedy required under federal law and includes the imposition of a civil money penalty;
(2) Department means the Department of Health and Human Services;
(3) Federal regulations for participation in the medicaid program means the regulations found in 42 C.F.R. parts 442 and 483, as amended, for participation in the medicaid program under Title XIX of the federal Social Security Act, as amended; and
(4) Nursing facility means any intermediate care facility or nursing facility, as defined in sections 71-420 and 71-424, which receives federal and state funds under Title XIX of the federal Social Security Act, as amended.
Source
Laws 1996, LB 1155, § 72;
Laws 1997, LB 307, § 180;
Laws 2000, LB 819, § 103;
Laws 2007, LB296, § 523;
Laws 2019, LB22, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-2098 - Civil penalties; department; powers.

71-2098.
Civil penalties; department; powers.
(1) The department may assess, enforce, and collect civil penalties against a nursing facility which the department has found in violation of federal regulations for participation in the medicaid program pursuant to the authority granted to the department under section 81-604.03.
(2) If the department finds that a violation is life threatening to one or more residents or creates a direct threat of serious adverse harm to one or more residents, a civil penalty shall be imposed for each day the deficiencies which constitute the violation exist. The department may assess an appropriate civil penalty for other violations based on the nature of the violation. Any civil money penalty assessed shall not be less than fifty dollars nor more than ten thousand dollars for each day the facility is found to be in violation of such federal regulations. Any civil money penalty assessed shall include interest at the rate specified in section 45-104.02, as such rate may from time to time be adjusted.
Source
Laws 1996, LB 1155, § 73;
Laws 1997, LB 307, § 181;
Laws 2007, LB296, § 524;
Laws 2019, LB22, § 2.