reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7516 - Use of nonadmitted insurers by exempt commercial policyholders.

44-7516.
Use of nonadmitted insurers by exempt commercial policyholders.
(1) The director shall adopt and promulgate rules and regulations to allow exempt commercial policyholders to be exempt from those provisions of sections 44-5510 and 44-5511 that require, as a condition for the purchase of insurance from a nonadmitted insurer, that applicants demonstrate an inability to obtain insurance from a licensed insurer. Such exemption shall not apply to workers' compensation insurance, excess workers' compensation insurance, or automobile liability insurance, except that such exemption may apply to automobile liability insurance purchased as excess insurance over a policy that provides limits that are at least equal to the minimum limits of liability required by section 60-534.
(2) The rules and regulations adopted and promulgated pursuant to this section may establish requirements and thresholds that differ by line or type of insurance or that differ from the requirements and thresholds for exemption from rate and policy form requirements adopted and promulgated pursuant to section 44-7515.
(3) In addition to the factors specified in section 44-7515, the director shall consider the following in making a determination of the requirements and thresholds that will apply:
(a) The relationship of deductibles, self-insured retentions, and limits of liability purchased by insureds versus the protection provided by the Nebraska Property and Liability Insurance Guaranty Association;
(b) The characteristics of insureds likely to be able to evaluate the ability of a nonadmitted insurer to meet its policy obligations; and
(c) The characteristics of insureds likely to be able to resolve policy and claims disputes that they may have with a nonadmitted insurer.
(4) The rules and regulations may not exempt any policyholder with total premiums of less than one hundred thousand dollars for lines of insurance subject to the Property and Casualty Insurance Rate and Form Act.
Source
Laws 2000, LB 1119, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7516.01 - Private passenger automobile liability policy; disclosure; requirements.

44-7516.01.
Private passenger automobile liability policy; disclosure; requirements.
(1) On and after July 1, 2002, no private passenger automobile liability policy shall be delivered, issued for delivery, or renewed with respect to any motor vehicle licensed in this state unless accompanied by a disclosure showing the location used to determine the rate charged to the named insured and if any credit-based rating was used to determine the rate charged.
(2) For an insurer determined by the director to be an insurer with a substantial market share of the private passenger automobile insurance premium written in this state:
(a) The private passenger automobile liability insurance rating territories for motor vehicles located in a city of the metropolitan class that are contained in the insurer's qualifying rate filing made on or after January 1, 2002, shall be deemed to expire three years after their effective date unless they are refiled;
(b) Unless the insurer has made a qualifying rate filing with an effective date on or after January 1, 2002, as provided in subdivision (2)(a) of this section, all filings made by the insurer of private passenger automobile insurance that justify the rating relativities of a rating territory for motor vehicles located in a city of the metropolitan class shall expire July 1, 2003;
(c) If necessary for the director to complete his or her study of a rating system filing that is proposed as a qualifying rate filing, the director shall extend the three-year period if the insurer has made a proposed qualifying rate filing prior to the end of the three-year period with a requested effective date no later than three years after the effective date of its last qualifying rate filing;
(d) A filing made by an advisory organization on behalf of an insurer shall be deemed to be a filing by the insurer for purposes of the expiration requirement of this subsection; and
(e) For purposes of this subsection:
(i) Insurer with a substantial market share of the private passenger automobile insurance premium written in this state means:
(A) An insurer that is one of the ten insurers writing the largest amount of private passenger automobile insurance premium in this state; or
(B) An insurer that meets any other standard prescribed by rule and regulation adopted and promulgated by the director; and
(ii) Qualifying rate filing means an approved rating system filing that justifies the rating relativities of the private passenger automobile liability insurance rating territories for motor vehicles located in a city of the metropolitan class made on or after January 1, 2002.
Source
Laws 2001, LB 444, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7517 - Information to be furnished insureds; hearing; appeal.

44-7517.
Information to be furnished insureds; hearing; appeal.
Within a reasonable time after receiving a written request and after receiving payment of such reasonable charge as it may require, every insurer and advisory organization shall furnish all pertinent information to any insured affected by a rate, premium, or prospective loss cost made by the insurer or advisory organization. Upon written request, every insurer and advisory organization shall provide within this state reasonable means by which the insured aggrieved by the application of the advisory organization's or insurer's rating system may be heard, in person or by an authorized representative, to review the manner in which such rating system has been applied in connection with the insurance afforded the insured. If the insurer or advisory organization fails to act upon such request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected. An insured affected by the action of the insurer or advisory organization on such request may appeal to the director within thirty days after written notice of such action. The director, after a hearing held in accordance with section 44-7532, may affirm the action of the insurer or advisory organization or order remedial action to be undertaken by the insurer or advisory organization.
Source
Laws 2000, LB 1119, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7518 - Advisory organizations and statistical agents; certificate of authority required; application; director; powers.

44-7518.
Advisory organizations and statistical agents; certificate of authority required; application; director; powers.
(1) No advisory organization or statistical agent shall provide any service relating to insurance subject to the Property and Casualty Insurance Rate and Form Act, and no insurer shall use the services of such advisory organization or statistical agent for such purposes, unless the advisory organization or statistical agent has been issued a certificate of authority by the director. Such certificate of authority shall expire on April 30 each year and shall be renewed annually if the advisory organization or statistical agent has continued to comply with the laws of this state and the rules and regulations of the director.
(2) No advisory organization or statistical agent shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.
(3) An advisory organization or statistical agent applying to the director for a certificate of authority shall include with its application:
(a) A copy of its constitution, charter, articles of incorporation, organization, agreement, or association, bylaws, plan of operation, and other rules or regulations governing the conduct of its business;
(b) The names of insurers that own or have control over the applicant, and a description of their ownership or control;
(c) The name and address of a resident of this state upon whom notices, process, or orders of the director may be served;
(d) Information showing its qualifications for acting in the capacity for which it seeks a certificate of authority;
(e) Biographical information on its officers; and
(f) Any other relevant information and documents that the director may require.
(4) Every applicant for a certificate of authority shall notify the director of all material changes in the information or documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty days before it becomes effective.
(5) The director shall issue a certificate of authority stating the authorized activity of the applicant for those applicants that meet all requirements of the law and are competent, trustworthy, and qualified to provide the services proposed. The authorized activity of an advisory organization or statistical agent may be limited to specified lines or types of insurance.
(6) The director may at any time, after a hearing in accordance with section 44-7532, suspend or revoke the certificate of authority of an advisory organization or statistical agent that does not comply with the requirements of the act.
(7) An applicant requesting a certificate of authority to operate both as an advisory organization and as a statistical agent may be so authorized under a single certificate.
Source
Laws 2000, LB 1119, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7519 - Insurers, advisory organizations, and statistical agents; prohibited acts.

44-7519.
Insurers, advisory organizations, and statistical agents; prohibited acts.
(1) No insurer, advisory organization, or statistical agent shall attempt to monopolize or combine or conspire with any other person to monopolize an insurance market or to engage in a boycott, on a concerted basis, of an insurance market.
(2) No insurer shall agree with any other insurer or with any advisory organization or statistical agent to require adherence to or to require use of any aspect of any rating system, form, prospective loss cost, dividend payment practice, underwriting rule or practice, survey, inspection, or similar material except as required by section 44-7524 or as is necessary to develop statistical plans. This subsection shall not apply to agreements between insurers under the same ownership.
(3) No advisory organization or statistical agent shall agree with any insurer or with another advisory organization or statistical agent to require adherence to or to require use of any aspect of any rating system, form, prospective loss cost, dividend payment practice, underwriting rule or practice, survey, inspection, or similar material except as required by section 44-7524 or as is necessary to develop statistical plans.
(4) The fact that two or more insurers, whether or not members or subscribers of an advisory organization, consistently or intermittently use the same rates, rating systems, forms, prospective loss costs, underwriting rules or practices, surveys, inspections, or similar materials shall not be sufficient basis to establish a violation of this section.
(5) No insurer, advisory organization, or statistical agent shall make any arrangement with any other insurer, advisory organization, statistical agent, or other person which has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of insurance.
Source
Laws 2000, LB 1119, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7520 - Advisory organizations and statistical agents; prohibited activities.

44-7520.
Advisory organizations and statistical agents; prohibited activities.
Except as permitted in sections 44-7521 and 44-7522, no advisory organization or statistical agent shall compile, file, or distribute recommendations relating to rating systems that include profits, dividends, or expenses other than loss adjustment expenses.
Source
Laws 2000, LB 1119, § 20.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7521 - Statistical agents; authorized activities.

44-7521.
Statistical agents; authorized activities.
A statistical agent may, for the lines of insurance for which it has been licensed:
(1) Develop statistical plans including territorial and class definitions;
(2) Collect and distribute statistical data from insurers or any other source;
(3) Collect, compile, and publish past and current rates charged by individual insurers if such information is also made available to the general public at no more than a reasonable cost;
(4) Collect and compile exposure and loss experience for the purpose of individual risk experience ratings;
(5) Undertake educational activities relating to the collection, compilation, or interpretation of insurance-related data;
(6) Distribute any other information that is filed with the director; and
(7) Furnish any other services, as approved or directed by the director, related to those enumerated in this section.
Source
Laws 2000, LB 1119, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7522 - Advisory organizations; authorized activities.

44-7522.
Advisory organizations; authorized activities.
An advisory organization may, for the lines of insurance for which it has been licensed:
(1) Engage in those activities enumerated in section 44-7521;
(2) Prepare, file, and distribute prospective loss costs;
(3) Prepare, file, and distribute manuals of rating rules, rating schedules, experience rating plans and other supplementary rating information that do not include final rates, expense provisions, profit provisions, or minimum premiums;
(4) Prepare and distribute experience rating plan modifiers for individual policyholders;
(5) Prepare, file, and distribute factors, calculations, or formulas pertaining to classification, territory, and other variables;
(6) Prepare, file, and distribute increased limits factors, which may include an incremental profit load, also called a risk load;
(7) Conduct research and inspections in order to prepare classifications of public fire defenses or to evaluate the effectiveness of building codes and their enforcement;
(8) Conduct inspections to determine rating classifications for individual insureds;
(9) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others;
(10) Conduct research in order to discover, identify, and classify information relating to causes or prevention of losses;
(11) Prepare, file, and distribute policy forms and gather information from members, subscribers, and others relative to the application and interpretation of the policy forms;
(12) Conduct research and inspections for the purpose of providing risk information relating to individual structures;
(13) If instructed by the director, file rates instead of prospective loss costs for assigned risk or other residual market mechanisms;
(14) Conduct research to determine the impact of statutory changes upon prospective loss costs;
(15) Undertake educational activities on the use of policy forms, analysis of losses, loss trends, loss reserves, expenses, and other policy form and ratemaking topics;
(16) For workers' compensation insurance, establish a committee that may include insurance company representatives to review the application of the classification system for individual insureds and to suggest modifications to the classification system;
(17) Distribute any other information that is filed with the director; and
(18) Furnish any other services approved or directed by the director related to the services enumerated in this section.
Source
Laws 2000, LB 1119, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7523 - Advisory organizations; general filing requirements applicable.

44-7523.
Advisory organizations; general filing requirements applicable.
Filings by an advisory organization of prospective loss costs, rating systems or policy forms and related attachment rules shall be subject to the provisions of the Property and Casualty Insurance Rate and Form Act applicable to filings generally. Rating system filings by an advisory organization shall be subject to the provisions of sections 44-7510 and 44-7511.
Source
Laws 2000, LB 1119, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7524 - Workers' compensation; uniform classification system required; premiums; how calculated.

44-7524.
Workers' compensation; uniform classification system required; premiums; how calculated.
(1) Every workers' compensation insurer shall adhere to a uniform classification system and shall report its experience in accordance with statistical plans and other reporting requirements to ensure that data is combined for all insurers for the development of prospective loss costs and the application of experience rating.
(2) Every insurer shall utilize experience rating plan modifiers developed by an advisory organization pursuant to an experience rating plan approved by the director.
(3) A workers' compensation insurer may develop subclassifications of the uniform classification system upon which a rate may be made. Such subclassifications and the filing shall be subject to the provisions of the Property and Casualty Insurance Rate and Form Act applicable to rating system filings generally.
(4) The director shall disapprove subclassifications, rating plans, or other variations from manual rules filed by a workers' compensation insurer or advisory organization if the insurer or advisory organization fails to demonstrate that the data produced can be reported consistently with the uniform classification system and experience rating system and will allow for the application of experience rating.
(5) Workers' compensation premiums shall be calculated on a basis that, as nearly as is practicable, after the effects of experience rating and other applicable rating plans have been considered, the sum of expected losses and expected expenses as a percentage of premium shall be the same for high-wage-paying and low-wage-paying employers in the same job classification.
Source
Laws 2000, LB 1119, § 24.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7525 - Joint underwriting; joint reinsurance; requirements; director; powers.

44-7525.
Joint underwriting; joint reinsurance; requirements; director; powers.
(1) Every joint underwriting pool or joint reinsurance pool shall file with the director a copy of its constitution, articles of incorporation, organization, agreement, or association, bylaws, and other rules and regulations governing its activities, a listing of its members, the name and address of a resident of this state upon whom notices, process, or orders of the director may be served, and any amendments or changes thereto.
(2) Notwithstanding section 44-7519, insurers participating in joint underwriting or in joint underwriting pools or joint reinsurance pools may, in connection with such activity, act in cooperation with each other in the development of rates, rating systems, policy forms, underwriting rules, surveys, inspections, and investigations, the furnishing of loss and expense statistics or other information, or the conducting of research.
(3) Except as provided in this section, joint underwriting, joint underwriting pool, and joint reinsurance pool activities shall be subject to the Property and Casualty Insurance Rate and Form Act.
(4) If, after a hearing in accordance with section 44-7532, the director finds that any activity or practice of an insurer participating in joint underwriting, a joint underwriting pool, or a joint reinsurance pool will tend to lessen competition in any market or is otherwise inconsistent with the provisions or purposes of the act, the director may issue an order requiring the discontinuance of such activity or practice.
Source
Laws 2000, LB 1119, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7526 - Examinations.

44-7526.
Examinations.
(1) To ascertain compliance with the Property and Casualty Insurance Rate and Form Act, the director may, as often as is deemed to be expedient, make or cause to be made an examination of each advisory organization, statistical agent, joint underwriting pool, or joint reinsurance pool doing business in this state. The advisory organization, statistical agent, or pool examined shall pay the reasonable costs of any such examination. The officers, manager, agents, and employees of such advisory organization, statistical agent, or pool may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation.
(2) In lieu of any such examination, the director may accept (a) the report of an examination made by the insurance supervisory official of another state or (b) the report of an independent certified public accountant in good standing with the American Institute of Certified Public Accountants. Every such advisory organization, statistical agent, joint underwriting pool, or joint reinsurance pool shall, within thirty days after the receipt of a final examination report of any other state, provide a copy of the report to the director. Every such advisory organization, statistical agent, joint underwriting pool, or joint reinsurance pool shall, within thirty days after the publication or public filing of a report made by an independent certified public accountant, provide a copy of the report to the director.
Source
Laws 2000, LB 1119, § 26.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7527 - Statistical data; collection and exchange; rules and regulations.

44-7527.
Statistical data; collection and exchange; rules and regulations.
(1) The director shall adopt and promulgate rules and regulations to assure that the experience of all insurers is provided to the director at least annually in such form and detail as is necessary to aid in effecting the purposes of the Property and Casualty Insurance Rate and Form Act. The director may designate one or more statistical agents to assist in gathering such experience and making compilations thereof. The scope of such rules and regulations may include the data which must be reported by insurers, definitions of data elements, the timing and frequency of statistical reporting by insurers, data quality standards, data edit and audit requirements, data retention requirements, reports to be generated by statistical agents to fulfill the requirements of this section, and the timing of such reports.
(2) Should the director choose to designate more than one statistical agent to assist for a line or type of insurance, the director may adopt and promulgate rules and regulations necessary to ensure that statistical data that the director has required is combined for reports to the director.
(3) The following provisions apply only to the disclosure of data and reports provided to the director pursuant to this section and to the disclosure of reports produced by the director from data and reports provided pursuant to this section:
(a) The director shall not disclose data that identifies individual insurers;
(b) The director shall not disclose data that is likely to identify individual policyholders or claimants or when there is reason to suspect that individual open claim reserves may be identified with individual policyholders or claimants;
(c) The director may agree in advance to withhold data from public disclosure when confidentiality is requested by the statistical agent providing the data to the director, but only if the data include data elements that the director had not required, prior to their writing or occurrence, to be recorded by insurers; and
(d) All other data contained in reports made pursuant to this section shall be subject to public disclosure.
(4) The director may adopt and promulgate rules and regulations for the interchange of data necessary for the application of rating plans.
(5) In order to further uniform administration of rate regulatory laws, the director and every insurer and advisory organization may exchange information and experience data with insurance supervisory officials, insurers, and advisory organizations in other states and may consult with them with respect to the application of rating systems.
Source
Laws 2000, LB 1119, § 27.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7528 - Applicants unable to procure insurance; apportionment among insurers.

44-7528.
Applicants unable to procure insurance; apportionment among insurers.
Insurers may agree to the equitable apportionment among them of insurance to be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. Such insurers may agree on the use of policy forms, rating systems, and reasonable modifications thereof for such insurance. Such agreements may include pooling arrangements or reinsurance. Such agreements, policy forms, rating systems, and modifications thereof shall be subject to the approval of the director.
Source
Laws 2000, LB 1119, § 28.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7529 - False or misleading information; prohibited acts.

44-7529.
False or misleading information; prohibited acts.
No person shall willfully withhold information that will affect the forms applicable, dividends payable, or rates or premiums chargeable from the director or any statistical agent, advisory organization, or insurer. No person shall knowingly give false or misleading information that will affect the policy forms applicable, dividends payable, or rates or premiums chargeable to the director or any statistical agent, advisory organization, or insurer. A person who violates this section shall be subject to provisions of section 44-7530.
Source
Laws 2000, LB 1119, § 29.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7530 - Violations; director; hearing; powers and duties.

44-7530.
Violations; director; hearing; powers and duties.
(1) Whenever the director has reason to believe that any person has violated any provision of the Property and Casualty Insurance Rate and Form Act, the director shall hold a hearing in accordance with section 44-7532. If, after such hearing, the director determines that the person has violated any provision of the act, the director may order any one or more of the following:
(a) Payment of an administrative penalty of not more than one thousand dollars for every act or violation but not to exceed an aggregate penalty of ten thousand dollars in any six-month period unless the person knew or reasonably should have known of the violation of the act, in which case the penalty shall be not more than five thousand dollars for every act or violation not to exceed an aggregate penalty of fifty thousand dollars in any six-month period; and
(b) Suspension or revocation of the person's license or certificate of authority if such person knew or reasonably should have known of the violation.
(2) The powers, remedies, procedures, and penalties provided in the act shall be in addition to any other penalty, remedies, procedures, and penalties provided by law.
Source
Laws 2000, LB 1119, § 30.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7531 - Hearing; request.

44-7531.
Hearing; request.
Any insurer, joint underwriting pool, joint reinsurance pool, statistical agent, or advisory organization aggrieved by any order or decision of the director made without a hearing may, within thirty days after notice of the order, make written request to the director for a hearing thereon in accordance with section 44-7532. Pending such hearing and decision, the director may suspend the effective date of his or her action.
Source
Laws 2000, LB 1119, § 31.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7532 - Hearing; procedure.

44-7532.
Hearing; procedure.
If a hearing is held at the request of a party other than the director, unless mutually agreed upon by the director and all interested parties, notice of hearing shall be provided within thirty days after the director's receipt of a written request for a hearing. Notice of hearing shall be given to all interested parties and shall state the time, place, and purpose of the hearing. Unless mutually agreed upon by the director and all interested parties, the hearing shall be held not less than ten days after notice is served. Unless mutually agreed upon by the director and all interested parties or unless the hearing is being held at the request of the director, the hearing shall be held not more than thirty days after notice is served.
Source
Laws 2000, LB 1119, § 32.
Annotations
The language in this section referring to notice to "all interested parties" contemplates notice by the Nebraska Department of Insurance to both the insured and the insurer regarding the adversarial proceeding to come. It would not be a sensible reading of the statutes to require notice to only one of the parties, where both parties are active in the proceeding but seek different outcomes. Travelers Indem. Co. v. Gridiron Mgmt. Group, 281 Neb. 113, 794 N.W.2d 143 (2011).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7533 - Appeals.

44-7533.
Appeals.
Any order or decision of the director made pursuant to the Property and Casualty Insurance Rate and Form Act may be appealed by any party in interest. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2000, LB 1119, § 33.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7534 - Electronic filings and correspondence.

44-7534.
Electronic filings and correspondence.
The director may make reasonable arrangements and adopt and promulgate rules and regulations to allow or to facilitate the use of electronic media to make filings or to engage in correspondence required by the Property and Casualty Insurance Rate and Form Act.
Source
Laws 2000, LB 1119, § 34.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7535 - Rules and regulations.

44-7535.
Rules and regulations.
The director may adopt and promulgate rules and regulations to carry out the Property and Casualty Insurance Rate and Form Act. The rules and regulations shall not be effective prior to January 1, 2001.
Source
Laws 2000, LB 1119, § 35.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7601 - Act, how cited.

44-7601.
Act, how cited.
Sections 44-7601 to 44-7618 shall be known and may be cited as the Multiple Employer Welfare Arrangement Act.
Source
Laws 2002, LB 1139, § 1;
Laws 2020, LB1014, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7602 - Legislative findings and intent.

44-7602.
Legislative findings and intent.
(1) The Legislature finds and declares that the United States Congress recognized multiple employer welfare arrangements as vehicles for offering traditional accident and health benefit programs through the Employee Retirement Income Security Act of 1974. Multiple employer welfare arrangements may be subject to state regulatory and fiscal standards not inconsistent with the federal act if the multiple employer welfare arrangement offers health benefit plans that are not fully insured. The provisions of the Multiple Employer Welfare Arrangement Act are consistent with and authorized by the federal act, which confers upon the states authority to regulate multiple employer welfare arrangements.
(2) It is the intent of the Legislature:
(a) To promote the legitimacy and the financial integrity of health benefit plans that are not fully insured by requiring multiple employer welfare arrangements offering such plans to obtain a certificate of registration from the director;
(b) That the Multiple Employer Welfare Arrangement Act not apply to fully insured health benefit plans offered by multiple employer welfare arrangements;
(c) That the act shall be construed to mean that multiple employer welfare arrangements are not insurers for purposes of the insurance laws of this state; and
(d) That the insurance laws of this state not apply to health benefit plans offered by multiple employer welfare arrangements except as specifically set forth in the act.
Source
Laws 2002, LB 1139, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7603 - Terms, defined.

44-7603.
Terms, defined.
For purposes of the Multiple Employer Welfare Arrangement Act:
(1) Certificate of registration means a document issued by the director authorizing a multiple employer welfare arrangement to offer a health benefit plan that is not fully insured;
(2) Covered individual means (a) an employee who is covered by a health benefit plan provided through a multiple employer welfare arrangement in which the employer is participating or (b) a self-employed individual who is covered by a health benefit plan provided through a multiple employer welfare arrangement. Covered individual includes a dependent of an employee or self-employed individual as defined under the terms of the health benefit plan;
(3) Director means the Director of Insurance;
(4) Fully insured health benefit plan means a health benefit plan which provides for health benefits, all of which are guaranteed under a contract or policy of insurance issued by an insurance company licensed to transact the business of insurance in this state;
(5) Health benefit plan means an employee welfare benefit plan to the extent that it provides any hospital, surgical, or medical expense benefits to covered individuals directly or through insurance, reimbursement, or otherwise. Health benefit plan does not include (a) accident-only, disability income, hospital confinement indemnity, dental, or credit insurance, (b) coverage issued as a supplement to liability insurance, (c) medicare or insurance provided as a supplement to medicare, (d) insurance arising from workers' compensation provisions, (e) automobile medical payment insurance, (f) any other specific limited coverage, or (g) insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy;
(6) Multiple employer welfare arrangement means a multiple employer welfare arrangement as defined by 29 U.S.C. 1002, as such section existed on January 1, 2002, if the multiple employer welfare arrangement is sponsored by an association of employers that offers a health benefit plan that is not fully insured. Such association of employers may include self-employed individuals;
(7) Participating employer means an employer or self-employed individual that participates in a multiple employer welfare arrangement; and
(8) Self-employed individual means an individual who:
(a) Has an ownership interest in a trade or business in Nebraska, regardless of whether the trade or business is incorporated or unincorporated;
(b) Earns wages or self-employment income from the trade or business; and
(c) Works at least twenty hours per week or eighty hours per month providing personal services to the trade or business or earns annual income from the trade or business in an amount that is no less than the individual's and any covered dependent's annual cost for health benefit plan coverage under the multiple employer welfare arrangement.
Source
Laws 2002, LB 1139, § 3;
Laws 2020, LB1014, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7604 - Health benefit plan; offer to self-employed individual or employer; restrictions.

44-7604.
Health benefit plan; offer to self-employed individual or employer; restrictions.
No multiple employer welfare arrangement may offer to a self-employed individual or to an employer that is domiciled in this state or that has its principal headquarters or principal administrative offices in this state a health benefit plan unless the health benefit plan is a fully insured health benefit plan or unless the multiple employer welfare arrangement obtains and maintains a certificate of registration pursuant to the Multiple Employer Welfare Arrangement Act.
Source
Laws 2002, LB 1139, § 4;
Laws 2020, LB1014, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7605 - Certificate of registration; procedure.

44-7605.
Certificate of registration; procedure.
(1) A multiple employer welfare arrangement seeking to offer a health benefit plan that is not fully insured shall apply for a certificate of registration in a form prescribed by the director. The application shall be completed and submitted to the director together with a one-thousand-dollar fee and the following:
(a) Copies of all articles, bylaws, agreements, and other documents or instruments describing the organizational structure of the applicant;
(b) Copies of all materials and documents describing the rights and obligations of participating employers and covered individuals with respect to the applicant;
(c) A copy of the trust agreement of the applicant;
(d) A copy of the unaudited financial statement required by section 44-7613;
(e) A statement showing in full detail the plan for offering a health benefit plan by the applicant;
(f) Copies of all contracts and other instruments proposed to be made, offered, or sold by the applicant to its participating employers, together with a copy of its summary plan description and the proposed advertising matter to be used in the solicitation of participating employers;
(g) A copy of the contract with the third-party administrator retained, if any, to administer the health benefit plan;
(h) A copy of the stop-loss insurance policy required by section 44-7609; and
(i) Any other reasonable information requested by the director.
(2) The director shall deny a certificate of registration if the applicant does not meet the requirements of the Multiple Employer Welfare Arrangement Act. Notice of denial shall be in writing and shall set forth the basis for the denial. If the applicant submits a written request for reconsideration within thirty days after the notice was sent by the director, the director shall conduct a hearing on the denial pursuant to the Administrative Procedure Act.
Source
Laws 2002, LB 1139, § 5;
Laws 2020, LB1014, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7606 - Association of participating employers or covered individuals; requirements.

44-7606.
Association of participating employers or covered individuals; requirements.
A multiple employer welfare arrangement may only be established and maintained by an association of participating employers or covered individuals who are self-employed individuals. The association shall not condition membership in the association, the amounts of dues or other payments for membership, or coverage under a health benefit plan on the basis of health-status-related factors with respect to the covered individuals offered coverage under the health benefit plan. The association shall:
(1) Have been in existence and engaged in substantive activity for its members other than sponsorship of a health benefit plan for more than three years prior to application for a certificate of registration;
(2) Be composed of two or more members, all of which are in the same trade or industry; and
(3) Have, before application for a certificate of registration is made, applications for participation (a) from two or more members who are participating employers with an aggregate of two hundred or more covered individuals or (b) from at least two hundred covered individuals who are self-employed individuals.
Source
Laws 2002, LB 1139, § 6;
Laws 2020, LB1014, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7607 - Trust required; when.

44-7607.
Trust required; when.
(1) A multiple employer welfare arrangement offering a health benefit plan that is not fully insured shall establish a trust pursuant to a written trust agreement to hold all funds pertaining to the health benefit plan. The trust shall be operated by a board of trustees pursuant to the trust agreement.
(2)(a) All members of the board of trustees shall be owners, partners, officers, directors, or employees of one or more participating employers.
(b) No person may be a member of the board of trustees if such person:
(i) Is an owner, officer or employee, or a partner in, or a contract administrator, or other service provider to the health benefit plan or of any third-party administrator of the multiple employer welfare arrangement; or
(ii) Has been convicted of any felony or a Class I, II, or III misdemeanor.
Source
Laws 2002, LB 1139, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7608 - Board of trustees; duties.

44-7608.
Board of trustees; duties.
The board of trustees of the multiple employer welfare arrangement as required by section 44-7607 shall:
(1) Serve as a fiduciary of the trust;
(2) Be responsible as plan administrator for all operations of the health benefit plan;
(3) Have in effect rules of operation and financial control based on an annual plan of operation, adequate to carry out the terms of the health benefit plan and to meet all requirements of the Multiple Employer Welfare Arrangement Act;
(4) Consider applications of association members for participation in the multiple employer welfare arrangement; and
(5) Hold and maintain a stop-loss insurance policy pursuant to the requirements of section 44-7609.
Source
Laws 2002, LB 1139, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7609 - Stop-loss insurance policy; requirements.

44-7609.
Stop-loss insurance policy; requirements.
(1) A multiple employer welfare arrangement offering a health benefit plan that is not fully insured shall be a named insured under a stop-loss insurance policy that provides coverage in excess of the multiple employer welfare arrangement's retention of one hundred twenty-five percent of the multiple employer welfare arrangement's expected health claims costs as determined on an aggregate basis.
(2) A policy issued to satisfy the requirements of subsection (1) of this section shall:
(a) Be evidenced by a binder or policy by an insurer licensed to transact the business of insurance in this state; and
(b) Contain a provision that the coverage may not be terminated by the insurer unless the multiple employer welfare arrangement and the director receive a written notice of termination from the insurer at least thirty days before the effective date of the termination.
Source
Laws 2002, LB 1139, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7610 - Assessments authorized.

44-7610.
Assessments authorized.
If the assets of, and stop-loss insurance policy issued to, a multiple employer welfare arrangement are at any time insufficient to pay claims made against a health benefit plan, discharge liabilities and obligations relating to health benefit plan claims, and maintain adequate reserves and surpluses, the board of trustees shall be authorized to assess the participating employers in an amount necessary to remedy the deficiency.
Source
Laws 2002, LB 1139, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7611 - Termination; liability.

44-7611.
Termination; liability.
Any participating employer that voluntarily terminates its participation in the multiple employer welfare arrangement or that is involuntarily terminated by the multiple employer welfare arrangement shall remain liable subsequent to the date of termination for all contractual obligations it has entered into with the multiple employer welfare arrangement on or before the date of termination.
Source
Laws 2002, LB 1139, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7612 - Coverage notification; summary plan description; claim or appeal denial notice; statement required.

44-7612.
Coverage notification; summary plan description; claim or appeal denial notice; statement required.
(1) A multiple employer welfare arrangement shall notify in writing each participating employer and each covered individual applying for coverage by the multiple employer welfare arrangement that a health benefit plan provided by the multiple employer welfare arrangement is not:
(a) Insurance;
(b) Subject to state laws and requirements that apply to health insurance offered by a licensed insurer; and
(c) Covered by the Nebraska Life and Health Insurance Guaranty Association.
(2) The notice required by subsection (1) of this section shall, in ten-point or greater type, disclose that the multiple employer welfare arrangement is authorized under state law to assess participating employers for claims under the health benefit plan in addition to other remedies the multiple employer welfare arrangement may take if the multiple employer welfare arrangement is unable to pay claims.
(3) If the multiple employer welfare arrangement provides coverage to covered individuals who are self-employed individuals, the multiple employer welfare arrangement shall include a statement in the summary plan description and any claim or appeal denial notice that self-employed covered individuals may contact the Director of Insurance. Such statement shall include the mailing address and telephone number for the Department of Insurance.
Source
Laws 2002, LB 1139, § 12;
Laws 2020, LB1014, § 6.
Cross References
Nebraska Life and Health Insurance Guaranty Association, see section 44-2705.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-7613 - Annual financial statement; fee; actuarial statement; certificate of compliance.

44-7613.
Annual financial statement; fee; actuarial statement; certificate of compliance.
(1) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, each multiple employer welfare arrangement holding a certificate of registration shall file with the director a financial statement, attested to by at least two members of the board of trustees, one of whom shall be the chairperson or president of the board of trustees, and accompanied by a fee of two hundred dollars. The director shall review the financial statement and shall require additional filings as the director finds reasonably necessary to assure the legitimacy and the financial integrity of the multiple employer welfare arrangement.
(2) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, a statement from a qualified actuary that the rates charged and reserves, both (a) incurred and (b) incurred but not reported, regarding sufficiency to pay claims and associated expenses for the health benefit plan shall be obtained and given to the director. The actuarial statement shall include a confirmation that the stop-loss insurance policy required by section 44-7609 is in force. The actuarial statement shall meet the requirements of any rules or regulations which shall be adopted and promulgated by the director.
(3) On an annual basis and within ninety days after the last day of the fiscal year of a multiple employer welfare arrangement, each multiple employer welfare arrangement holding a certificate of registration shall file with the director a certificate of compliance signed by at least two members of the board of trustees, one of whom shall be the chairperson or president of the board of trustees, certifying that the multiple employer welfare arrangement, to the best of their knowledge, information, and belief, has been conducted in accordance with applicable provisions of Nebraska law and rules and regulations relating to multiple employer welfare arrangements.
Source
Laws 2002, LB 1139, § 13;
Laws 2008, LB855, § 51.