reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4315 - Risk management pool; applicability of insurance laws.

44-4315.
Risk management pool; applicability of insurance laws.
Notwithstanding any other provision of law to the contrary, (1) any risk management pool organized pursuant to the Intergovernmental Risk Management Act shall not be considered an insurance company or insurer under the laws of this state, (2) any agreement forming a risk management pool or providing group self-insurance coverages to its members shall not constitute insurance or the conduct of an insurance business, and (3) no risk management pool organized pursuant to the Intergovernmental Risk Management Act shall be a member of the Nebraska Life and Health Insurance Guaranty Association or the Nebraska Property and Liability Insurance Guaranty Association.
Source
Laws 1987, LB 398, § 15;
Laws 2001, LB 664, § 5.
Cross References
Nebraska Life and Health Insurance Guaranty Association, see section 44-2705.
Nebraska Property and Liability Insurance Guaranty Association, see section 44-2404.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4317 - Public agency; tax levy; agreements; authorized.

44-4317.
Public agency; tax levy; agreements; authorized.
(1)(a) Any public agency which has the authority to levy a tax shall be authorized to levy a tax, to contract indebtedness, and to issue general obligation bonds payable from such a tax levy to pay the premium costs of general liability insurance, property insurance, workers' compensation insurance, health, dental, or accident insurance, life insurance, and any other insurance to protect against any of the losses described in section 44-4304 and to pay all costs and expenses associated with membership in a risk management pool, including, but not limited to, standard insurance coverages, group self-insurance coverages, assessments levied by the pool, retirement of debt incurred by the pool, and operating expenses of the pool.
(b) A member of a risk management pool which has the authority to levy a tax shall be authorized to enter into agreements obligating the member to make payments beyond its current budget year for any of such purposes.
(c) Taxes levied by a public agency other than an educational service unit or school district for the payment of the principal of, premium of, or interest on such a general obligation bond of such public agency, the payment of such insurance premium costs, and the payment of all costs and expenses associated with membership in a risk management pool may be levied in excess of any tax limitation imposed by statute.
(d) Except as permitted in subdivision (1)(e) of this section, taxes levied by an educational service unit or school district on or after April 3, 2008, for the payment of the principal of, premium of, or interest on such a general obligation bond of such public agency, the payment of such insurance premium costs, and the payment of all costs and expenses associated with membership in a risk management pool shall be subject to the levy limit applicable to such public agency under section 77-3442.
(e) Taxes levied by an educational service unit or school district for the payment of the principal of, premium of, or interest on such a general obligation bond of such educational service unit or school district issued prior to April 3, 2008, shall be excluded from the levy limit applicable to such public agency under section 77-3442.
(2) Nothing in the Intergovernmental Risk Management Act shall be construed or interpreted as permitting the State of Nebraska, represented by the Risk Manager, to enter into any agreement or contract or do any act in contravention of the Constitution of the State of Nebraska.
Source
Laws 1987, LB 398, § 17;
Laws 2001, LB 664, § 6;
Laws 2008, LB988, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4318 - Funds or reserve; disclosure; discovery.

44-4318.
Funds or reserve; disclosure; discovery.
Information regarding that portion of the funds or liability reserve of a risk management pool established for the purpose of satisfying a specific claim or cause of action shall be exempt from disclosure under sections 84-712 to 84-712.09. Notwithstanding any other provision of law to the contrary, a party to a claim or action against a public agency or any risk management pool shall not be entitled to discover that portion of the funds or liability reserve established by the pool for purposes of satisfying the claim or cause of action, except that such information shall be discoverable in any supplemental or ancillary proceeding to enforce a judgment against a public agency or risk management pool.
Source
Laws 1987, LB 398, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4319 - Workers' compensation coverage; requirements; court; powers.

44-4319.
Workers' compensation coverage; requirements; court; powers.
(1) All risk management pools shall comply with the Nebraska Workers' Compensation Act and all rules of the Nebraska Workers' Compensation Court.
(2) The Nebraska Workers' Compensation Court may, as provided by section 48-146.02, revoke or suspend the authority of a risk management pool to provide group self-insurance coverage of workers' compensation liability pursuant to the Intergovernmental Risk Management Act.
Source
Laws 1987, LB 398, § 19.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4320 - Payment to director; computation.

44-4320.
Payment to director; computation.
Every risk management pool shall pay to the Director of Insurance, on or before March 1 of each year, an amount equal to five-tenths of one percent of annual contributions received by the pool less any amount paid for excess or aggregate insurance during the immediately preceding calendar year for health, dental, and accident coverage and one percent of annual contributions received by the pool less any amount paid for excess or aggregate insurance during the immediately preceding calendar year for coverage of all other risks included within the pool's group self-insurance program. A pool which has a scheme of operations that contemplates a return of a portion of the contributions of pool members without such members being claimants under the pool's insuring agreements may deduct such return contributions and any dividends paid during the immediately preceding calendar year from the pool's contributions for the purpose of calculating the amount due. The computation of such amount shall be made on forms furnished by the Department of Insurance which shall be filed with the department together with a sworn statement by the pool's chief operating officer attesting to the accuracy of the computation. The department shall furnish such forms to each pool prior to the end of the year for which such amount is payable together with any information relative to computation of the amount as may be necessary. Upon receipt of payment, the director shall audit and examine the computations and satisfy himself or herself that the amount paid is in conformity with this section. The director shall transmit such payments to the State Treasurer. One-half of the payments shall be handled in the manner prescribed in section 77-913, and the remaining one-half of such payments shall be deposited in the General Fund promptly upon completion of the director's audit and examination and in no event later than May 1 of each year.
Source
Laws 1987, LB 398, § 20;
Laws 1988, LB 1220, § 4;
Laws 1999, LB 259, § 9;
Laws 2001, LB 664, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4321 - Bonds; issuance.

44-4321.
Bonds; issuance.
Subject only to any agreement with the holders of outstanding bonds, a risk management pool may issue such types of bonds as its board may determine, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenue from one or more revenue-producing contracts made by the risk management pool with any person, or from its revenue generally, or which may be additionally secured by a pledge of any grant, subsidy, or contribution from any person, by a pledge of any income, revenue, funds, or money of the risk management pool from any source whatsoever, or by a mortgage or security interest in any real or personal property, commodity, or product or any service or interest therein.
Source
Laws 1987, LB 398, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4322 - Bonds; amount.

44-4322.
Bonds; amount.
A risk management pool may from time to time issue its bonds in such principal amounts as its board of directors deems necessary to provide sufficient funds to carry out any of the risk management pool's purposes and powers, including the establishment or increase of reserves and the payment of all other costs or expenses of the risk management pool incident to and necessary or convenient to carry out its purposes and powers.
Source
Laws 1987, LB 398, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4323 - Liability for bonds.

44-4323.
Liability for bonds.
(1) Neither the members of a risk management pool's board of directors nor any person executing the bonds shall be liable personally on such bonds by reason of the issuance thereof.
(2) The bonds shall not be a debt, liability, or general obligation of any member of a risk management pool or of this state, and neither this state nor any member of a risk management pool shall be liable thereon. Neither the faith and credit nor the taxing power of any member of a risk management pool or of the state shall be pledged to the payment of the principal or interest on the bonds. Bonds shall be payable only out of any funds or properties of the issuing risk management pool. Such limitations shall be plainly stated upon the face of the bonds.
Source
Laws 1987, LB 398, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4324 - Bonds; issuance; terms.

44-4324.
Bonds; issuance; terms.
Bonds shall be authorized by resolution of the issuing risk management pool's board of directors, may be issued under a resolution or under a trust indenture or other security instrument in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, trust indenture, or other security instrument may provide and without limitation by the provisions of any other law limiting amounts, maturities, or interest rates. Any officer authorized or designated to sign, countersign, execute, or attest any bond or any coupon may utilize a facsimile signature in lieu of his or her manual signature.
Source
Laws 1987, LB 398, § 24.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4325 - Bonds; negotiable; sale.

44-4325.
Bonds; negotiable; sale.
(1) Except as the issuing risk management pool's board of directors may otherwise provide, any bond and any interest coupons thereto attached shall be fully negotiable within the meaning and for all purposes of article 8, Uniform Commercial Code.
(2) The bonds may be sold at public or private sale as the issuing risk management pool's board of directors may provide and at such price or prices as such board shall determine.
Source
Laws 1987, LB 398, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4326 - Signatures; validity.

44-4326.
Signatures; validity.
In case any officers whose signatures appear on any bonds or coupons cease to be such officers before the delivery of such obligations, such signatures shall nevertheless be valid and sufficient for all purposes to the same extent as if such officers had remained in office until such delivery.
Source
Laws 1987, LB 398, § 26.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4328 - Refunding bonds; issuance; terms.

44-4328.
Refunding bonds; issuance; terms.
A risk management pool may issue and sell refunding bonds for the purpose of paying or providing for the payment of any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at any time prior to or at the maturity or redemption of the refunded bonds as the risk management pool's board of directors deems appropriate. The refunding bonds may be issued in a principal amount not exceeding an amount sufficient to pay or to provide for the payment of (1) the principal of the bonds being refunded, (2) any redemption premium thereon, (3) interest accrued or to accrue to the first or any subsequent redemption date or dates selected by the risk management pool's board of directors in its discretion, or to the date or dates of maturity, whichever is determined to be most advantageous or convenient for the risk management pool, (4) the expenses of issuing the refunding bonds, including bond discount, and redeeming the bonds being refunded, and (5) such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be deemed necessary or convenient by the board of directors of the issuing risk management pool. A determination by the board of directors that any refinancing is advantageous or necessary to the risk management pool, that any of the amounts provided in this section should be included in such refinancing, or that any of the bonds to be refinanced should be called for redemption on the first or any subsequent redemption date or permitted to remain outstanding until their respective dates of maturity shall be conclusive.
Source
Laws 1987, LB 398, § 28.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4329 - Refunding bonds; use.

44-4329.
Refunding bonds; use.
Refunding bonds may be exchanged for and in payment and discharge of any of the outstanding obligations being refunded. The refunding bonds may be exchanged for a like, greater, or smaller principal amount of the bonds being refunded as the issuing risk management pool's board of directors may determine in its discretion. The holder or holders of the bonds being refunded need not pay accrued interest on the refunding bonds if and to the extent that interest is due or accrued and unpaid on the bonds being refunded and to be surrendered.
Source
Laws 1987, LB 398, § 29.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4330 - Refunding bond proceeds; use.

44-4330.
Refunding bond proceeds; use.
To the extent not required for the immediate payment and retirement of the obligations being refunded or for the payment of expenses incurred in connection with such refunding and subject to any agreement with the holders of any outstanding bonds, principal proceeds from the sale of any refunding bonds shall be deposited in trust to provide for the payment and retirement of the bonds being refunded, payment of interest and any redemption premiums, and payment of any expenses incurred in connection with such refunding, but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any such trust fund may be invested in direct obligations of or obligations the principal of and interest on which are guaranteed by the United States Government, in obligations of any agency or instrumentality of the United States Government, or in certificates of deposit issued by a bank or trust company if such certificates are secured by a pledge of any of such obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing in this section shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but which shall not have matured and which are not presently redeemable or, if presently redeemable, have not been called for redemption.
Source
Laws 1987, LB 398, § 30.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4331 - Refunding bonds; procedures applicable.

44-4331.
Refunding bonds; procedures applicable.
The issue of refunding bonds, the manner of sale, maturities, interest rates, form, and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the risk management pool in respect of the same shall be governed by the Intergovernmental Risk Management Act relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.
Source
Laws 1987, LB 398, § 31.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4332 - Bonds; issuance; consent not required.

44-4332.
Bonds; issuance; consent not required.
Bonds may be issued under the Intergovernmental Risk Management Act without obtaining the consent of any department, division, commission, board, bureau, or instrumentality of this state and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by the Intergovernmental Risk Management Act, and the validity of and security for any bonds shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions, or things.
Source
Laws 1987, LB 398, § 32.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4333 - Bonds; publication; when required.

44-4333.
Bonds; publication; when required.
The board of directors of a risk management pool may provide for the publication of any resolution or other proceeding adopted by it pursuant to the Intergovernmental Risk Management Act or, in lieu thereof, a notice of intention to issue bonds in a newspaper of general circulation published in the county where the principal office or place of business of the risk management pool is located or, if no newspaper is so published, then in a newspaper qualified to carry legal notices having general circulation in such county.
Source
Laws 1987, LB 398, § 33.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4334 - Notice of intention to issue bonds; contents.

44-4334.
Notice of intention to issue bonds; contents.
In the case of a resolution or other proceeding providing for the issuance of bonds pursuant to the Intergovernmental Risk Management Act, the board of directors of the risk management pool may, either before or after the adoption of such resolution or other proceeding, in lieu of publishing the entire resolution or other proceeding, publish a notice of intention to issue bonds under the Intergovernmental Risk Management Act, titled as such, containing:
(1) The name of the risk management pool;
(2) The purpose of the issue, including a brief description of the project and the names of the public agencies to be serviced by the project;
(3) The maximum principal amount of bonds to be issued;
(4) The maturity date or dates and maximum amount maturing on such dates;
(5) The maximum rate of interest payable on the bonds; and
(6) The time and place where a copy of the form of the resolution or other proceeding providing for the issuance of the bonds may be examined, which copy shall be at an office of the risk management pool identified in the notice, during regular business hours of the risk management pool as described in the notice, for a period of at least thirty days after the publication of the notice.
Source
Laws 1987, LB 398, § 34.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4335 - Bonds; issuance; right to contest.

44-4335.
Bonds; issuance; right to contest.
For a period of thirty days after such publication, any person in interest shall have the right to contest the legality of such resolution or proceeding or any bonds which may be authorized thereby, any provisions made for the security and payment of such bonds, any contract of purchase, sale, or lease, or any insurance policy contract, and after such time no one shall have any cause of action to contest the regularity, formality, or legality thereof for any cause whatsoever.
Source
Laws 1987, LB 398, § 35.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4336 - Bonds; authorized as investments.

44-4336.
Bonds; authorized as investments.
Bonds issued pursuant to the Intergovernmental Risk Management Act are hereby made securities in which all public officers and instrumentalities of the state and all political subdivisions, insurance companies, trust companies, banks, savings and loan associations, investment companies, personal representatives, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any officer or instrumentality of this state or any political subdivision for any purpose for which the deposit of bonds or obligations of this state or any political subdivision thereof is now or may hereafter be authorized by law.
Source
Laws 1987, LB 398, § 36.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4337 - Bonds; risk management pool property; tax exempt.

44-4337.
Bonds; risk management pool property; tax exempt.
(1) All bonds of a risk management pool are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes.
(2) The property of a risk management pool, including any pro rata share of any property owned by a risk management pool in conjunction with any other person, is declared to be public property of a public agency used for essential public and governmental purposes. Such property and the income of a risk management pool shall be exempt from all taxes of the state or any member of a risk management pool or other public agency and shall be exempt from all special assessments of any participating member of a risk management pool.
Source
Laws 1987, LB 398, § 37.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4338 - State of Nebraska; agreement with bond holders.

44-4338.
State of Nebraska; agreement with bond holders.
The State of Nebraska does hereby pledge to and agree with the holders of any bonds and with those parties who may enter into contracts with any risk management pool or member of a risk management pool under the Intergovernmental Risk Management Act that the state will not alter, impair, or limit the rights thereby vested until the bonds, together with applicable interest, are fully met and discharged and such contracts are fully performed. Nothing contained in the act shall preclude such alteration, impairment, or limitation if and when adequate provisions have been made by law for the protection of the holders of the bonds or persons entering into contracts with any risk management pool or member of a risk management pool. Each risk management pool and member of a risk management pool may include this pledge and undertaking for the state in such bonds or contracts.
Source
Laws 1987, LB 398, § 38.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4401 - Act, how cited.

44-4401.
Act, how cited.
Sections 44-4401 to 44-4423 shall be known and may be cited as the Risk Retention Act.
Source
Laws 1987, LB 514, § 1;
Laws 1991, LB 236, § 45.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4402 - Purpose of act.

44-4402.
Purpose of act.
The purpose of the Risk Retention Act is to regulate the formation and operation of risk retention groups in this state formed under the federal Liability Risk Retention Act of 1986 and to regulate the operation of purchasing groups in this state formed under the federal Liability Risk Retention Act of 1986.
Source
Laws 1987, LB 514, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4406 - Premiums; taxable.

44-4406.
Premiums; taxable.
All premiums paid for coverage within this state to risk retention groups shall be subject to taxation at the same rate and subject to the same interest, fines, and penalties for nonpayment as that applicable to foreign admitted insurers, and it shall be the responsibility of each risk retention group to report and pay such taxes whether or not the group is licensed as an insurance company in this state and whether or not agents or brokers are utilized.
Source
Laws 1987, LB 514, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4407 - Unfair trade and claims settlement practices laws; applicability.

44-4407.
Unfair trade and claims settlement practices laws; applicability.
Any risk retention group shall comply with and be subject to the Unfair Insurance Trade Practices Act and any rule or regulation issued under the act. Any risk retention group and its agents and representatives shall comply with and be subject to the Unfair Insurance Claims Settlement Practices Act and any rule or regulation issued under the act. If the director seeks an injunction regarding such conduct, the injunction shall be obtained from a court of competent jurisdiction.
Source
Laws 1987, LB 514, § 7;
Laws 1991, LB 236, § 49;
Laws 1991, LB 234, § 36.
Cross References
Unfair Insurance Claims Settlement Practices Act, see section 44-1536.
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4408 - Examination of financial condition; required.

44-4408.
Examination of financial condition; required.
Any risk retention group shall submit to an examination by the director to determine its financial condition if the commissioner of the state in which the group is chartered and licensed has not initiated an examination or does not initiate an examination within sixty days after a request by the director. Any such examination shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the National Association of Insurance Commissioner's Examiner Handbook.
Source
Laws 1987, LB 514, § 8;
Laws 1991, LB 236, § 50.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4409 - Notice; required.

44-4409.
Notice; required.
Any application form for insurance from a risk retention group and any policy issued by a risk retention group shall contain, in ten-point type on the front page and the declaration page, the following notice:
NOTICE
THIS POLICY IS ISSUED BY YOUR RISK RETENTION GROUP. YOUR RISK RETENTION GROUP MAY NOT BE SUBJECT TO ALL OF THE INSURANCE LAWS AND REGULATIONS OF YOUR STATE. STATE INSURANCE INSOLVENCY GUARANTY FUNDS ARE NOT AVAILABLE FOR YOUR RISK RETENTION GROUP.
Source
Laws 1987, LB 514, § 9;
Laws 1991, LB 236, § 51.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4410 - Prohibited acts.

44-4410.
Prohibited acts.
A risk retention group shall not:
(1) Solicit or sell insurance to any person who is not eligible for membership in such group; or
(2) Solicit or sell insurance or operate in a hazardous financial condition or financially impaired condition.
Source
Laws 1987, LB 514, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4411 - Member or owner; prohibitions.

44-4411.
Member or owner; prohibitions.
A risk retention group shall not do business in this state if an insurance company is directly or indirectly a member or owner of such group, other than in the case of a risk retention group all of whose members are insurance companies.
Source
Laws 1987, LB 514, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4413 - Financial impairment; compliance with order.

44-4413.
Financial impairment; compliance with order.
A risk retention group which is not chartered and licensed in this state and which is doing business in this state shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by the director or the commissioner of any other state if there has been a finding of financial impairment after an examination under section 44-4408.
Source
Laws 1987, LB 514, § 13;
Laws 1991, LB 236, § 52.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4414 - Guaranty fund; membership; coverage.

44-4414.
Guaranty fund; membership; coverage.
(1) A risk retention group shall not join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state nor shall any risk retention group or its insureds receive any benefit from any such fund for claims arising out of operations of such risk retention group.
(2) When a purchasing group obtains insurance covering its members' risks from an insurer not admitted in this state or a risk retention group, no such risks, wherever resident or located, shall be covered by any insurance insolvency guaranty fund or similar mechanism in this state.
(3) When a purchasing group obtains insurance covering its members' risks from an insurer admitted in this state, only risks resident or located in this state shall be covered by the Nebraska Property and Liability Insurance Guaranty Association Act.
Source
Laws 1987, LB 514, § 14;
Laws 1991, LB 236, § 53.
Cross References
Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4416 - Purchasing group; exemption from insurance laws; when.

44-4416.
Purchasing group; exemption from insurance laws; when.
Any purchasing group meeting the criteria established under the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance or to the prohibition of group purchasing or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state which prohibits providing or offering to provide to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters. A purchasing group shall be subject to all other applicable laws of this state.
Source
Laws 1987, LB 514, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4417 - Purchasing group; notice; requirements; registration fees.

44-4417.
Purchasing group; notice; requirements; registration fees.
(1) A purchasing group which intends to do business in this state shall, prior to doing business, furnish notice to the director which shall:
(a) Identify the state in which the purchasing group is domiciled;
(b) Identify all other states in which the purchasing group intends to do business;
(c) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
(d) Identify the insurance company from which the group intends to purchase its insurance and the domicile of such company;
(e) Specify the method by which and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state;
(f) Identify the principal place of business of the group; and
(g) Provide such other information as may be required by the director to verify that the purchasing group is qualified under subdivision (12) of section 44-4403.
(2) A purchasing group which intends to do business in this state shall include an initial registration fee of one hundred dollars at the time it furnishes notice to the director pursuant to subsection (1) of this section. A purchasing group shall pay an additional fee of one hundred dollars to the director on October 1 of each year thereafter so long as such registration continues. The fees required by this subsection shall be payable to the department and shall be remitted to the State Treasurer for credit to the Department of Insurance Cash Fund.
(3) A purchasing group shall, within ten days, notify the director of any changes in the items set forth in subsection (1) of this section.
(4) A purchasing group shall register with and designate the director as its agent solely for the purpose of receiving service of legal documents or process, except that such requirement shall not apply in the case of a purchasing group that:
(a) Was domiciled before April 1, 1986, and is domiciled on and after October 27, 1986, in any state of the United States;
(b) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state;
(c) Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state;
(d) Was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of 1981 before October 27, 1986; and
(e) Does not purchase insurance that was not authorized for purposes of an exemption under the federal Product Liability Risk Retention Act of 1981 as in effect before October 27, 1986.
(5) Each purchasing group that is required to give notice pursuant to subsection (1) of this section shall also furnish such information as may be required by the director to:
(a) Verify that the entity qualifies as a purchasing group;
(b) Determine where the purchasing group is located; and
(c) Determine appropriate tax treatment.
Source
Laws 1987, LB 514, § 17;
Laws 1991, LB 236, § 54;
Laws 1994, LB 978, § 30.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4418 - Purchasing group; purchase of insurance; authorized; when.

44-4418.
Purchasing group; purchase of insurance; authorized; when.
(1) A purchasing group shall not purchase insurance from a risk retention group that is not chartered and licensed in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws, rules, and regulations of such state, except that such licensed agent or broker need not be a resident of this state.
(2) A purchasing group which obtains liability insurance from an insurer not admitted in this state or from a risk retention group shall inform each of the members of the purchasing group which have a risk resident or located in this state that such risk is not protected by an insurance insolvency guaranty fund in this state and that such risk retention group or such insurer may not be subject to all insurance laws, rules, and regulations of this state.
(3) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole, but coverage may provide for a deductible or self-insured retention applicable to individual members.
(4) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
Source
Laws 1987, LB 514, § 18;
Laws 1991, LB 236, § 55.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4418.01 - Purchasing group; premium taxes.

44-4418.01.
Purchasing group; premium taxes.
Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing group shall be:
(1) Imposed at the same rate and subject to the same interest, fines, and penalties as applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insureds; and
(2) Paid first by such insurance source if an insurer admitted in this state and, if not an insurer admitted in this state, by the surplus lines licensee acting as agent or broker for the purchasing group.
Source
Laws 1991, LB 236, § 56.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4419 - Director; administrative powers.

44-4419.
Director; administrative powers.
The director may make use of any of the powers established under Chapter 44 to enforce the laws of this state if those powers are not specifically preempted by the federal Product Liability Risk Retention Act of 1981 as amended by the Risk Retention Amendments of 1986. Such powers shall include, but not be limited to, administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the director may rely on the procedural law, rules, and regulations of this state. The injunctive authority of the director in regard to risk retention groups shall be restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
Source
Laws 1987, LB 514, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4420 - Violations; penalties.

44-4420.
Violations; penalties.
A risk retention group which violates any provision of the Risk Retention Act shall be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license to do business in this state.
Source
Laws 1987, LB 514, § 20.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4421 - Sale or purchase of insurance; requirements.

44-4421.
Sale or purchase of insurance; requirements.
(1) Any person other than a licensed surplus lines licensee acting or offering to act as an insurance producer for a risk retention group or purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within this state, or otherwise does business in this state shall, before commencing any such activity, obtain a license from the director pursuant to the Insurance Producers Licensing Act.
(2) Every person, firm, association, or corporation licensed pursuant to the Insurance Producers Licensing Act, on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by section 44-4409 in the case of a risk retention group and subsection (2) of section 44-4418 in the case of a purchasing group.
Source
Laws 1987, LB 514, § 21;
Laws 1989, LB 92, § 269;
Laws 1991, LB 236, § 57;
Laws 2001, LB 51, § 35.
Cross References
Insurance Producers Licensing Act, see section 44-4047.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4422 - Federal order; enforceable.

44-4422.
Federal order; enforceable.
An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state, in all states, or in any territory or possession of the United States upon a finding that such group is in a hazardous financial condition shall be enforceable in the courts of this state.
Source
Laws 1987, LB 514, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4501 - Act, how cited.

44-4501.
Act, how cited.
Sections 44-4501 to 44-4521 shall be known and may be cited as the Long-Term Care Insurance Act.
Source
Laws 1987, LB 416, § 1;
Laws 1992, LB 1006, § 44;
Laws 1999, LB 323, § 1;
Laws 2007, LB117, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4502 - Purpose of act.

44-4502.
Purpose of act.
The purposes of the Long-Term Care Insurance Act are to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage.
Source
Laws 1987, LB 416, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4503 - Long-term care insurance; applicability of acts.

44-4503.
Long-term care insurance; applicability of acts.
The Long-Term Care Insurance Act shall apply to policies delivered or issued for delivery in this state on or after May 30, 1987, and shall not supersede the obligations of entities subject to the act to comply with the provisions of Chapter 44 insofar as such provisions do not conflict with the Long-Term Care Insurance Act, except that the Medicare Supplement Insurance Minimum Standards Act shall not apply to long-term care insurance. Any product advertised, marketed, or offered as long-term care insurance shall be subject to the Long-Term Care Insurance Act.
Source
Laws 1987, LB 416, § 3;
Laws 1988, LB 998, § 13;
Laws 1992, LB 1006, § 45.
Cross References
Medicare Supplement Insurance Minimum Standards Act, see section 44-3601.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4505 - Applicant, defined.

44-4505.
Applicant, defined.
Applicant shall mean (1) in the case of an individual policy, the person who seeks to contract for such benefits and (2) in the case of a group policy, the proposed certificate holder.
Source
Laws 1987, LB 416, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4508 - Group policy, defined.

44-4508.
Group policy, defined.
Group policy shall mean a long-term care insurance policy which is delivered or issued for delivery in this state and issued to:
(1) One or more employers or labor organizations or a trust or the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations;
(2) Any professional, trade, or occupational association for its members or former or retired members, or a combination thereof, if such association:
(a) Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and
(b) Has been maintained in good faith for purposes other than obtaining insurance;
(3) An association or a trust or the trustee of a fund established, created, or maintained for the benefit of members of one or more associations. Prior to advertising, marketing, or offering such policy within this state, the association or associations or the insurer of the association or associations shall file evidence with the director that the association or associations have at the outset a minimum of one hundred members, have been organized and maintained in good faith for purposes other than that of obtaining insurance, have been in active existence for at least one year, and have a constitution and bylaws which provide that (a) the association or associations hold regular meetings not less than annually to further purposes of the members, (b) except for credit unions, the association or associations collect dues or solicit contributions from members, and (c) the members have voting privileges and representation on the governing board and committees. Thirty days after such filing, the association or associations shall be deemed to satisfy such organizational requirements unless the director makes a finding that the association or associations do not satisfy those organizational requirements; or
(4) A group other than as described in subdivision (1), (2), or (3) of this section, subject to a finding by the director that:
(a) The issuance of the group policy is not contrary to the best interest of the public;
(b) The issuance of the group policy would result in economies of acquisition or administration; and
(c) The benefits are reasonable in relation to the premiums charged.
Source
Laws 1987, LB 416, § 8;
Laws 1989, LB 92, § 270.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4509 - Long-term care insurance, defined.

44-4509.
Long-term care insurance, defined.
Long-term care insurance shall mean any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense-incurred, indemnity, prepaid, or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services provided in a setting other than an acute care unit of a hospital. Long-term care insurance shall include group and individual annuities and life insurance policies or riders which provide directly or which supplement long-term care insurance. Long-term care insurance shall also include a policy or rider which provides for payment of benefits based upon cognitive impairment or the loss of functional capacity. Long-term care insurance may be issued by insurers, fraternal benefit societies, prepaid health plans, health maintenance organizations, or any similar organizations to the extent they are otherwise authorized to issue life or health insurance. Long-term care insurance shall not include any insurance policy which is offered primarily to provide medicare supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income or related asset-protection coverage, accident-only coverage, specified disease or specified accident coverage, or limited-benefit health coverage. Long-term care insurance shall not include life insurance policies which accelerate the death benefit specifically for one or more of the qualifying events of terminal illness, medical conditions requiring extraordinary medical intervention, or permanent institutional confinement and which provide the option of a lump-sum payment for those benefits and in which neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care.
Source
Laws 1987, LB 416, § 9;
Laws 1989, LB 92, § 271;
Laws 1992, LB 1006, § 46.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4510 - Policy, defined.

44-4510.
Policy, defined.
Policy shall mean any individual or group policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this state by an insurer, fraternal benefit society, prepaid health plan, health maintenance organization, or any similar organization.
Source
Laws 1987, LB 416, § 10;
Laws 1989, LB 92, § 272.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4511 - Insurance; offer; restrictions.

44-4511.
Insurance; offer; restrictions.
No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subdivision (4) of section 44-4508 unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met.
Source
Laws 1987, LB 416, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4512 - Rules and regulations for disclosure.

44-4512.
Rules and regulations for disclosure.
The director may adopt and promulgate reasonable rules and regulations in accordance with the Administrative Procedure Act that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, continuation or conversion, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definitions of terms.
Source
Laws 1987, LB 416, § 12;
Laws 1989, LB 92, § 273.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4514 - Rules and regulations for loss-ratio standards.

44-4514.
Rules and regulations for loss-ratio standards.
The director may adopt and promulgate rules and regulations establishing loss-ratio standards for long-term care insurance policies if a specific reference to long-term care insurance policies is contained in such rules or regulations.
Source
Laws 1987, LB 416, § 14.