reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2836 - Malpractice liability insurance; limitation on liability; when; required policy provisions; insurer; failure to pay final judgment; effect.

44-2836.
Malpractice liability insurance; limitation on liability; when; required policy provisions; insurer; failure to pay final judgment; effect.
(1) As long as malpractice liability insurance remains in force under the qualification set forth in section 44-2824 and unless the patient has elected not to come under sections 44-2801 to 44-2855, the health care provider and his insurer shall be liable to a patient, or his representative, for malpractice, professional negligence, failure to provide care, breach of contract relating to providing medical care, or other claim based on failure to obtain informed consent to an operation or treatment, only to the extent and in the manner specified in sections 44-2801 to 44-2855.
(2) The filing of proof of financial responsibility with the director shall constitute, on the part of the insurer and the health care provider, a conclusive and unqualified acceptance of the provisions of sections 44-2801 to 44-2855.
(3) Failure of the patient or his representative to file his refusal to be bound by sections 44-2801 to 44-2855 shall constitute conclusive and unqualified acceptance of sections 44-2801 to 44-2855.
(4) Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of sections 44-2801 to 44-2855 shall be void.
(5) Each policy issued under sections 44-2801 to 44-2855 shall be deemed to include the following provisions and any amendments thereto which may be occasioned by legislation passed by the Legislature of the State of Nebraska, as fully as if written in such policy:
(a) The insurer shall assume all obligations to pay an award imposed against its insured under the provisions of sections 44-2801 to 44-2855; and
(b) Any termination of the policy by cancellation shall not be effective as to patients claiming against the insured covered thereby unless, at least thirty days before the effective date of the cancellation, a written notice giving the date upon which termination becomes effective has been mailed to the insured at his last-known address and to the director at his office by certified or registered mail with sufficient postage attached.
(6) If an insurer shall fail or refuse to pay a final judgment, or shall fail or refuse to comply with any provisions of sections 44-2801 to 44-2855, in addition to any other legal remedy, the director may also revoke the approval of its policy form until the insurer shall pay the award or judgment or shall comply with the violated provisions of sections 44-2801 to 44-2855 and has resubmitted its policy form and received the approval of the director.
Source
Laws 1976, LB 434, § 36.
Annotations
This section held constitutional. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2837 - Residual Malpractice Insurance Authority; created; purpose; risk manager; powers and duties; compensation.

44-2837.
Residual Malpractice Insurance Authority; created; purpose; risk manager; powers and duties; compensation.
(1) The purpose of sections 44-2837 to 44-2839 is to make malpractice liability insurance available to risks as defined in this section.
(2) There is hereby created the Residual Malpractice Insurance Authority. The Department of Insurance is hereby designated as the authority for the purposes of the Nebraska Hospital-Medical Liability Act. The authority shall be empowered to engage in writing medical malpractice liability insurance in this state pursuant to existing law and authorized to insure the health care provider against other liability for injury to persons or property caused by agents, employees, partners, or limited liability company members of the health care provider or by property used in or activities arising from the operations or business of the health care provider. Such insurance coverage against other liability may be provided to the health care provider by the authority only as supplemental professional liability insurance.
(3) The director may appoint a risk manager for the authority. The separate, personal, or independent assets of the risk manager shall not be liable for or subject to use or expenditure for the purpose of providing insurance by the authority.
(4) In the administration and provision for malpractice liability insurance by the authority, the risk manager shall:
(a) Be subject to all laws and regulations of this state which apply to malpractice insurance as provided in existing law;
(b) Prepare and file appropriate forms with the Department of Insurance;
(c) Prepare and file premium rates with the Department of Insurance which shall be based on accepted actuarial principles and accepted practices in the insurance industry;
(d) Perform the underwriting function;
(e) Dispose of all claims and litigation arising out of insurance policies;
(f) Maintain adequate books and records;
(g) File an annual financial statement regarding its operations under the Nebraska Hospital-Medical Liability Act with the Department of Insurance on forms prescribed by the director;
(h) Obtain private reinsurance for the authority, if available, and the cost thereof shall be paid from the Excess Liability Fund;
(i) Prepare and file a plan of operations with the director for approval; and
(j) Act fairly, reasonably, and responsibly in administering the plan.
(5) The risk manager shall receive as compensation for his or her services a percentage of all premiums received under the terms of this section which shall be computed on a fair and equitable basis as determined by the director. The compensation may be adjusted by the director from time to time.
Source
Laws 1976, LB 434, § 37;
Laws 1984, LB 692, § 15;
Laws 1993, LB 121, § 248;
Laws 1994, LB 884, § 60.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2838 - Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal.

44-2838.
Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal.
(1) If, after diligent effort to obtain coverage, a health care provider has been declined by at least two insurers, the risk may forward his application to the risk manager together with evidence of the two declinations.
(2) If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be sent to the applicant and the director. The applicant shall have ten days from the date of notice by the risk manager to request review by the director. On appeal, the director shall review the decision of the risk manager and enter an appropriate order.
Source
Laws 1976, LB 434, § 38.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2839 - Health care professional liability insurance plan; contents; premiums; use.

44-2839.
Health care professional liability insurance plan; contents; premiums; use.
The director shall adopt and promulgate a health care professional liability insurance plan pursuant to sections 44-2837 to 44-2839 which shall contain a requirement that the Excess Liability Fund shall participate in such plan. Such plan may contain such other reasonable provisions as the director shall deem necessary or sufficient to make the plan effective. The Excess Liability Fund shall receive all premiums paid under the plan, except the portion payable to the risk manager or paid in settlement of claims, and shall assume the risks relating to policies issued under the plan. The Department of Insurance shall be reimbursed from the fund for necessary expenses incurred in the administration of the Nebraska Hospital-Medical Liability Act. The director shall certify such expenses to the State Treasurer who shall reimburse the Department of Insurance for such services.
Source
Laws 1976, LB 434, § 39;
Laws 2021, LB509, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2840 - Medical review panels; review claims; procedure; waiver.

44-2840.
Medical review panels; review claims; procedure; waiver.
(1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska Hospital-Medical Liability Act in advance of filing such actions.
(2) No action against a health care provider may be commenced in any court of this state before the claimant's proposed complaint has been presented to a medical review panel established pursuant to section 44-2841 and an opinion has been rendered by the panel.
(3) The proceedings for action by the medical review panel shall be initiated by the patient or his or her representative by notice in writing with copy of a proposed complaint served upon the director personally or by registered or certified mail. Such notice shall designate the claimant's choice of the physician to serve on the panel, claimant's suggestion of an attorney to serve, and the court where the action shall be filed, if necessary.
(4) The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to file his or her action directly in court. If the claimant waives the panel review, the claimant shall serve a copy of the complaint upon the director personally or by registered or certified mail at the time the action is filed in court.
Source
Laws 1976, LB 434, § 40;
Laws 1984, LB 692, § 16;
Laws 2002, LB 876, § 75;
Laws 2003, LB 146, § 5.
Annotations
The language of the Political Subdivisions Tort Claims Act at subsection (4) of section 13-919 contemplates that a claim under the act must be filed and disposed of or withdrawn prior to presentation of the proposed petition to a medical review panel, or the waiver of a medical review panel, under this section. Keller v. Tavarone, 262 Neb. 2, 628 N.W.2d 222 (2001).
The requirement that a copy of the petition must be served upon the director of the Department of Insurance when medical panel review is waived is merely a notice requirement and neither confers nor denies jurisdiction of the court. The filing of an action in court is affirmative conduct which constitutes waiver of medical panel review. Brewington v. Rickard, 235 Neb. 843, 457 N.W.2d 814 (1990); Ourada v. Cochran, 234 Neb. 63, 449 N.W.2d 211 (1989).
A plaintiff's right to amend the wording of his specimen petition filed under this section in his petition later filed in the district court is the same as plaintiff's right to amend any other petition, so long as the matter submitted to the court is the same matter submitted to the medical review panel. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
A specimen petition alleging medical malpractice is filed pursuant to this section when the parties fall under the coverage of the Nebraska Hospital-Medical Liability Act. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2842 - Medical review panel; evidence considered; depositions; chairperson; duties.

44-2842.
Medical review panel; evidence considered; depositions; chairperson; duties.
(1) The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties in written form only. If any party to the proceedings fails to submit his or her evidence within a reasonable time after notice from the panel requesting such evidence, the panel may proceed to decide the matter on the evidence previously submitted. The determination of reasonable time shall be made by the panel. The evidence submitted may consist of medical charts, X-rays, laboratory test results, excerpts of treatises, depositions of witnesses including parties, and any other form of evidence allowable by the medical review panel.
(2) Depositions of parties and witnesses may be taken prior to the convening of the panel and prior to the commencement of the action, but in such event the attorney for the medical care provider shall be furnished with a copy of the complaint which the claimant proposes to file at least ten days before any deposition is taken. The patient shall have the right to request and receive all medical and hospital records relating to his or her case which would be admissible in evidence in a court of law. The chairperson of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel. A copy of the evidence shall be sent to each member of the panel.
(3) Either party, after submission of all evidence and upon ten days' notice to the other side, shall have the right to convene the panel at a time and place agreeable to the members of the panel. At such time either party shall have the right to present argument concerning any matters relevant to issues to be decided by the panel before the issuance of its report. The chairperson of the panel shall preside at all meetings, which meetings shall be informal.
(4) If the members of the medical review panel have not convened within six months of the initiation of the proceeding, the judge may terminate the proceeding at the request of either party.
Source
Laws 1976, LB 434, § 42;
Laws 1984, LB 692, § 18;
Laws 2002, LB 876, § 77;
Laws 2003, LB 146, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2843 - Medical review panel; access to information; written opinion; issuance; basis for.

44-2843.
Medical review panel; access to information; written opinion; issuance; basis for.
(1) The panel shall have the right and duty to request all necessary information. The panel may consult with medical authorities and may examine reports of such health care providers as may be necessary to fully inform itself regarding the issue to be decided. Both parties shall have full access to any material submitted to the panel.
(2) The panel shall have the sole duty to express its expert opinion in writing to each of the parties as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care as charged in the complaint and as to the issue of damages proximately caused by failure to act in accordance with such standards. Any issue relating to informed consent shall be considered as a charge of failure to act within the appropriate standard of care.
(3) After reviewing all evidence and, unless waived, after argument by counsel representing either party, the panel shall, within thirty days, render one or more of the following expert opinions which shall be in writing and mailed to each of the parties:
(a) The evidence supports the conclusion that the defendant failed to comply with the appropriate standard of care as charged in the complaint in specified particulars;
(b) The evidence supports the conclusion that the defendant involved met the applicable standard of care required under the circumstances; or
(c) There is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court or jury in specified particulars.
(4) No dollar amounts or percentages of disability shall be provided by the panel. A majority vote of the voting members shall control action by the panel. The report of the panel shall be signed only by the chairman who shall certify that the report reflects the opinion of a majority of the voting members. If requested, a minority report shall be provided to any party.
Source
Laws 1976, LB 434, § 43.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2844 - Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.

44-2844.
Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.
(1) The filing of the request for review of a claim shall toll the applicable statute of limitations for a period of ninety days following the issuance of the opinion by the medical review panel. The request for review of a claim shall be deemed filed when copy of the request together with a copy of the proposed complaint is delivered or mailed by registered or certified mail to the director, who shall immediately forward a copy to each health care provider named as a defendant at his last and usual place of residence or his office.
(2) The report or any minority report of the medical review panel shall be admissible as evidence in any action subsequently brought by the claimant in a court of law, but such report shall not be conclusive and either party shall have the right to call any member of the medical review panel as a witness. If called, the witness shall be required to appear and testify.
(3) A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by sections 44-2801 to 44-2855.
Source
Laws 1976, LB 434, § 44.
Annotations
The word toll, as used in this section, means to interrupt, suspend, or temporarily stop the running of the statute of limitations. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
Under this section, the running of the statute of limitations, as set out in section 44-2828, is interrupted during the medical review proceedings and recommences ninety days after the medical review panel issues its opinion. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
Statute of limitations is tolled while a claim is before the medical review panel and for ninety days following its opinion. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
The report, or any minority report, of the review panel is admissible evidence if suit follows. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2845 - Medical review panel; members; compensation; expert witness fee.

44-2845.
Medical review panel; members; compensation; expert witness fee.
Each member of the medical review panel shall be paid fifty dollars per day for all work performed as a member of the panel, exclusive of time and services involved if called as a witness to testify in court and reasonable expenses incurred. Fees of the panel, including expenses, shall be paid equally by each side. If a panel member is called as an expert witness at the trial, the panel member shall be paid the customary expert witness fee.
Source
Laws 1976, LB 434, § 45;
Laws 2002, LB 1139, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2846 - Proceedings before panel; confidential; exception; waiver of privileges; when; witnesses; rights.

44-2846.
Proceedings before panel; confidential; exception; waiver of privileges; when; witnesses; rights.
(1) Except for the introduction into evidence of the report of the panel, all proceedings before the medical review panel, all actions taken by any party or his counsel in preparation for such proceedings, and the submission of any matter to the medical review panel shall be handled on a confidential basis. Such hearing may not be conducted as a public hearing and the proceedings before the panel shall not be matters of public record.
(2) Initiation of proceedings before a medical review panel by a patient or his representative shall constitute waiver of any privilege or rights conferred by Chapter 27, article 5, as to any hospital records or testimony or records of any physician or surgeon who is attending or has attended such patient for physical or mental conditions or injuries or conditions involved in such proceeding to the same extent and with like effect as provided in Chapter 27, article 5. Any witness providing information or facts or opinions to the medical review panel shall be entitled to the immunities and protection provided to witnesses generally in court proceedings.
Source
Laws 1976, LB 434, § 46.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2847 - Medical review panel; not to consider disputed questions of law; adviser to panel.

44-2847.
Medical review panel; not to consider disputed questions of law; adviser to panel.
(1) Medical review panels shall be concerned only with the determination of the questions set forth in section 44-2843. Such panels shall not consider or report on disputed questions of law.
(2) To provide for uniformity of procedure, the Department of Health and Human Services may appoint a doctor of medicine from the members of the Board of Medicine and Surgery who may sit with each panel as an observer and as an adviser on procedure but without a vote.
Source
Laws 1976, LB 434, § 47;
Laws 1996, LB 1044, § 242;
Laws 1999, LB 828, § 5;
Laws 2000, LB 1115, § 4;
Laws 2007, LB296, § 181.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2854 - Director; contract for administrative duties and responsibilities; supervisory authority.

44-2854.
Director; contract for administrative duties and responsibilities; supervisory authority.
The Director of Insurance may contract with an insurance company licensed to do business in the State of Nebraska to perform any administrative duties and responsibilities of the Department of Insurance pursuant to sections 44-2801 to 44-2855, with the Director of Insurance retaining supervisory authority over such insurance company.
Source
Laws 1976, LB 434, § 54.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2854.01 - Rules and regulations.

44-2854.01.
Rules and regulations.
The Department of Insurance shall adopt and promulgate rules and regulations regarding the administration of the Nebraska Hospital-Medical Liability Act. Such rules and regulations shall relate to issuing notices of payment due and such other matters as may be necessary to promote the efficient operation of the act in accordance with its terms.
Source
Laws 1984, LB 692, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2855 - Act, how cited.

44-2855.
Act, how cited.
Sections 44-2801 to 44-2855 shall be known and may be cited as the Nebraska Hospital-Medical Liability Act.
Source
Laws 1976, LB 434, § 56;
Laws 1984, LB 692, § 20;
Laws 1990, LB 542, § 5;
Laws 2004, LB 998, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2901 - Hospitals; mutual insurance association; how incorporated; purpose.

44-2901.
Hospitals; mutual insurance association; how incorporated; purpose.
Any three or more hospitals as defined in section 71-419, which are located in this state and licensed by the Department of Health and Human Services, may incorporate a mutual insurance association to insure member hospitals and their officers, directors, employees, and volunteer workers against liability arising from rendering, or failing to render, professional services in the treatment or care of patients by hospitals and their agents and employees or by member physicians.
Source
Laws 1976, LB 809, § 1;
Laws 1996, LB 1044, § 243;
Laws 2002, LB 1062, § 10;
Laws 2007, LB296, § 182.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2902 - Physicians; mutual insurance association; how incorporated; purpose.

44-2902.
Physicians; mutual insurance association; how incorporated; purpose.
Any ten or more physicians licensed under the Medicine and Surgery Practice Act may incorporate a mutual insurance association to insure member physicians, their professional corporations, partnerships, limited liability companies, agents, and employees against liability arising from rendering or failing to render professional services in the treatment or care of patients.
Source
Laws 1976, LB 809, § 2;
Laws 1993, LB 121, § 249;
Laws 2007, LB463, § 1137.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2903 - Mutual insurance association; coverages; supplement professional liability insurance.

44-2903.
Mutual insurance association; coverages; supplement professional liability insurance.
Any association authorized by section 44-2901 or 44-2902 shall be authorized to insure members against other liability for injury to persons or property caused by agents or employees of the member or by property used in or activities arising from the operations or business of the member or the professional services of member physicians or their agents or employees. Such coverage against other liability may be provided to members only to supplement professional liability insurance from the association.
Source
Laws 1976, LB 809, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2904 - Hospital association; qualified to become a member; when; insuring of risks; considerations.

44-2904.
Hospital association; qualified to become a member; when; insuring of risks; considerations.
Any hospital, whether within or without the state, shall be qualified to become a member of a hospital association incorporated under sections 44-2901 to 44-2918 if it is licensed either by the Department of Health and Human Services or by the corresponding authority in the state in which the hospital is located, except that no hospital outside of this state may become a member of such an association until one year after March 31, 1976, nor may any risks outside this state be insured under the provisions of sections 44-2901 to 44-2918 until one year after the issuance of a certificate of authority to transact insurance business by the Department of Insurance. All such risks shall be subject to the prior approval of the Director of Insurance.
In determining whether or not to grant approval for the insuring of risks outside of Nebraska, the Director of Insurance shall consider the following: (1) Limits of indemnity; (2) past and present loss experience of the hospital to be insured; (3) statutes, court decisions, and the insurance climate of the jurisdiction in which the risk is located; and (4) such other information as the director may deem relevant.
Source
Laws 1976, LB 809, § 4;
Laws 1996, LB 1044, § 244;
Laws 2007, LB296, § 183.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2905 - Physicians association; qualified to become member; when.

44-2905.
Physicians association; qualified to become member; when.
Any physician, licensed to practice medicine in Nebraska, shall be qualified to become a member of a physicians association incorporated under sections 44-2901 to 44-2918 upon acceptance of his application for membership by the association in accordance with the rules and bylaws.
Source
Laws 1976, LB 809, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2906 - Association; articles of incorporation; bylaws; contents; filed; where.

44-2906.
Association; articles of incorporation; bylaws; contents; filed; where.
(1) Any association to be formed pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall be formed by submitting executed articles of incorporation to the Department of Insurance for examination, and if approved and found by it to be in accordance with the laws of this state, the department shall so certify. When such articles are thus approved, they shall be filed in the office of the Secretary of State and a copy thereof filed in the office of the department. The articles shall not be considered filed until they have been filed in each such office.
(2) The articles and bylaws shall set forth in detail the association's proposed method of doing business. Such articles and bylaws may include provisions for the following matters:
(a) Reinsurance with a professional reinsurance company;
(b) The extent and method of risk sharing among its members; and
(c) Borrowing money.
Source
Laws 1976, LB 809, § 6;
Laws 1999, LB 259, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2907 - Association; board of directors; number of directors; make bylaws.

44-2907.
Association; board of directors; number of directors; make bylaws.
The board of directors of an association formed pursuant to sections 44-2901 to 44-2918 shall be comprised of not fewer than five nor more than twenty-one persons and a majority of them must be residents of the State of Nebraska. A person convicted of a felony may not be a director and all directors must be of good moral character and known professional, administrative or business ability, such business ability to include a practical knowledge of insurance, finance, or investment. Unless otherwise provided in the articles of incorporation, the board of directors shall make all bylaws. If the number of, or qualifications for, directors shall be amended in the articles or bylaws, such change shall not affect the incumbent directors for the term of office for which they were elected.
Source
Laws 1976, LB 809, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2908 - Articles and bylaws; approval or disapproval; procedure.

44-2908.
Articles and bylaws; approval or disapproval; procedure.
(1) Within sixty days after the articles and bylaws are filed with the Director of Insurance pursuant to section 44-2906, the director shall make a determination whether the filed documents meet the requirements of sections 44-2901 to 44-2918. Such determination shall be communicated in writing to the organizers of the association.
(2) If the documents so filed are deficient, the director's written findings shall state specifically on what grounds he is disapproving them. The organizers may thereafter amend and refile the articles and bylaws, which amended filing the Director of Insurance shall approve or disapprove within sixty days.
Source
Laws 1976, LB 809, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2909 - Association; requirements to transact business.

44-2909.
Association; requirements to transact business.
No association organized under the Nebraska Hospital and Physicians Mutual Insurance Association Act shall transact the business of insurance until:
(1) Its articles and bylaws have been approved by the Director of Insurance and the articles filed as required by section 44-2906;
(2) It has filed with the director acceptable evidence that it has and will maintain a minimum surplus aggregating at least five hundred thousand dollars in cash in the investments authorized under the Insurers Investment Act or a letter of credit issued by a Nebraska banking institution in accordance with loan restrictions prescribed by the laws of this state;
(3) All policies, applications, and other forms together with all manuals and rates to be used have been filed and approved as provided in the Property and Casualty Insurance Rate and Form Act;
(4) A certificate of authority has been issued to the association as provided in section 44-303; and
(5) It has received at least five applications for policies in a hospital association or at least two hundred applications for policies in a physicians association.
Source
Laws 1976, LB 809, § 9;
Laws 1991, LB 233, § 47;
Laws 1991, LB 237, § 67;
Laws 2000, LB 1119, § 38.
Cross References
Insurers Investment Act, see section 44-5101.
Property and Casualty Insurance Rate and Form Act, see section 44-7501.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2910 - Association; not a member of the Nebraska Property and Liability Insurance Guaranty Association.

44-2910.
Association; not a member of the Nebraska Property and Liability Insurance Guaranty Association.
The association shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24.
Source
Laws 1976, LB 809, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2911 - Association; membership fee; paid into surplus.

44-2911.
Association; membership fee; paid into surplus.
The association may collect, at the time a policy is issued, a membership fee of not more than three hundred dollars for each bed owned or operated by the member hospital and, in case of physicians associations, ten thousand dollars for each member physician. Such fee shall be paid into the association's surplus and shall be in addition to any premium charged for insurance.
Source
Laws 1976, LB 809, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2912 - Association; members; liable only for membership fee and premiums.

44-2912.
Association; members; liable only for membership fee and premiums.
No member of the association shall be liable for any amounts because of such membership, other than the membership fee, prescribed in section 44-2911, and premiums.
Source
Laws 1976, LB 809, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2913 - Association; administrative fee; computation; forms; failure to remit fee; rescind license; procedure; appeal.

44-2913.
Association; administrative fee; computation; forms; failure to remit fee; rescind license; procedure; appeal.
(1) Every association incorporated pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall, on or before March 1 of each year, pay an administrative fee to the director in the amount of three-tenths of one percent of the gross amount of direct writing premiums received by it during the preceding calendar year for business done in this state.
(2) The computation of the administrative fee shall be made on forms furnished by the Department of Insurance and shall be forwarded to the department together with a sworn statement by an appropriate officer of the company attesting the accuracy of the fee computation. The department shall furnish such forms prior to the end of the year for which the fees are payable.
(3) The director shall rescind or refuse to reissue the license of any association which fails to remit the administrative fee in conformity with the provisions of this section. Prior to rescinding such license, the director shall issue an order to the association directing the association to show cause why such rescission should not be made. The director shall give not less than ten days' notice of a rescission hearing before the department. Should the company be aggrieved by such determination, an appeal may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1976, LB 809, § 13;
Laws 1988, LB 352, § 67.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2914 - Association; business; how conducted.

44-2914.
Association; business; how conducted.
The business of the association shall be conducted so as to preclude any distribution of income, profit, or property of the association to members thereof except in payment of claims, in reduction of premiums, for experience refunds to members, or upon final dissolution.
Source
Laws 1976, LB 809, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2915 - Director; determine maximum exposure to loss; approve forms, premium rates, and limits of indemnity; considerations.

44-2915.
Director; determine maximum exposure to loss; approve forms, premium rates, and limits of indemnity; considerations.
For purposes of sections 44-2901 to 44-2918, the director shall have the authority to determine the maximum exposure to loss on any risk to be written by the association. All policy forms, premium rates and limits of indemnity shall be filed with and subject to the approval of the director. In approving premium rates to be charged for malpractice insurance, limits of indemnity and members and risks outside this state, the director shall give due consideration to past and prospective loss and expense experience for medical malpractice insurance written and to be written, trends in the frequency and severity of the loss, the investment income of the association, and such other information as the director may deem relevant.
Source
Laws 1976, LB 809, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2916 - Associations; provisions applicable.

44-2916.
Associations; provisions applicable.
To the extent applicable and when not in conflict with the Nebraska Hospital and Physicians Mutual Insurance Association Act, the provisions of the Nebraska Model Business Corporation Act and Chapters 44 and 77 relating to corporations and insurance shall apply to associations incorporated pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act.
Source
Laws 1976, LB 809, § 16;
Laws 1989, LB 92, § 218;
Laws 1995, LB 109, § 222;
Laws 2014, LB749, § 288.
Cross References
Nebraska Model Business Corporation Act, see section 21-201.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2917 - Rules and regulations.

44-2917.
Rules and regulations.
The Department of Insurance shall be empowered to adopt and promulgate such reasonable rules and regulations as may be necessary or appropriate to carry out the provisions of sections 44-2901 to 44-2918.
Source
Laws 1976, LB 809, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3002 - Terms, defined.

44-3002.
Terms, defined.
For purposes of the Unclaimed Life Insurance Benefits Act:
(1) Beneficiary means the party entitled or contingently entitled to receive proceeds from a policy or retained asset account;
(2) Death master file means the United States Social Security Administration’s Death Master File or any other database or service that is at least as comprehensive as the United States Social Security Administration’s Death Master File for determining that a person has reportedly died;
(3) Death master file match means a search of the death master file that results in a match of the social security number or the name and date of birth of an insured, annuity owner, or retained asset account holder;
(4) Policy means any policy or certificate of life insurance that provides a death benefit or any annuity contract, except that such term does not include:
(a) Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan that is (i) subject to the Employee Retirement Income Security Act of 1974 or (ii) part of a federal employee benefit program;
(b) Any policy or certificate of life insurance that is used to fund a pre-need funeral contract or prearrangement;
(c) Any policy or certificate of credit life or accidental death insurance;
(d) Any policy issued to a group master policyholder for which the insurer does not provide record-keeping services; or
(e) An annuity used to fund an employment-based retirement plan or program if (i) the insurer does not perform the record-keeping services or (ii) the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants;
(5) Record-keeping services means services provided by an insurer for a group policy customer pursuant to an agreement under which the insurer is responsible for obtaining, maintaining, and administering, in its own or its agent’s systems, at least the following information about each individual insured under the group policy or a line of coverage thereunder:
(a) Social security number or name and date of birth;
(b) Beneficiary designation information;
(c) Coverage eligibility;
(d) Benefit amount; and
(e) Premium payment status; and
(6) Retained asset account means any mechanism whereby the settlement of proceeds payable under a policy is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits.
Source
Laws 2017, LB137, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3003 - Comparison against death master file; match; insurer; duties; group life insurance; insurer duties.

44-3003.
Comparison against death master file; match; insurer; duties; group life insurance; insurer duties.
(1) An insurer shall perform a comparison of its insureds’ in-force policies and retained asset accounts against a death master file to identify potential matches of its insureds. The comparison shall be done on at least a semiannual basis by using the full death master file for the initial comparison and thereafter using the death master file update files for subsequent comparisons. For any potential match identified as a death master file match, the insurer shall, within ninety days after the death master file match:
(a) Complete a good faith effort, which shall be documented by the insurer, to confirm the death of the insured or retained asset account holder using other available records and information; and
(b) Determine whether benefits are due in accordance with the applicable policy or retained asset account. If benefits are due under the policy or retained asset account, the insurer shall:
(i) Complete a good faith effort, which shall be documented by the insurer, to locate the beneficiary; and
(ii) Provide the appropriate claim forms or instructions to the beneficiary to make a claim, including the need to provide an official death certificate if applicable under the policy.
(2) With respect to group life insurance, an insurer is required to confirm the possible death of an insured under subdivision (1)(a) of this section if the insurer maintains at least the following information on those covered under the policy:
(a) Social security number or name and date of birth;
(b) Beneficiary designation information;
(c) Coverage eligibility;
(d) Benefit amount; and
(e) Premium payment status.
(3) Every insurer shall implement procedures to account for:
(a) Common nicknames, initials used in lieu of a first or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names;
(b) Compound last names, maiden or married names, and hyphens, blank spaces, or apostrophes in last names;
(c) Transposition of the month and date portions of a date of birth; and
(d) Incomplete social security numbers.
(4) Nothing in this section shall be construed to limit the ability of an insurer to request a valid death certificate as part of any claims validation process.
(5) To the extent permitted by law, an insurer may disclose minimum necessary personal information about an insured, a beneficiary, or the owner of a policy or retained asset account to a person who the insurer reasonably believes may be able to assist the insurer in locating the beneficiary or a person otherwise entitled to payment of the claim proceeds.
(6) An insurer or its service provider shall not charge any beneficiary or other authorized representative any fees or costs associated with a death master file search or verification of a death master file match conducted pursuant to this section.
Source
Laws 2017, LB137, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3004 - Benefits; accrued contractual interest; how treated.

44-3004.
Benefits; accrued contractual interest; how treated.
(1) If an insurer determines under section 44-3003 that benefits are due to a beneficiary, the benefits from the applicable policy or retained asset account, plus any applicable accrued contractual interest, shall be payable to the designated beneficiary. If such beneficiary cannot be found, the insurer shall comply with section 69-1303 with respect to such benefits and accrued contractual interest. Interest otherwise payable under section 44-3,143 shall not be considered unclaimed funds under section 69-1303.
(2) Once the benefits and accrued contractual interest are presumed abandoned under section 69-1303, the insurer shall notify the State Treasurer, as part of the report sent under section 69-1310, that:
(a) A beneficiary has not submitted a claim with the insurer; and
(b) The insurer has complied with section 44-3003 and has been unable, after good faith efforts documented by the insurer, to contact the beneficiary.
Source
Laws 2017, LB137, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3005 - Director of Insurance; powers.

44-3005.
Director of Insurance; powers.
The Director of Insurance may, at his or her discretion, make an order:
(1) Limiting an insurer’s death master file comparisons required under section 44-3003 to the insurer’s electronic searchable files or approving a plan and timeline for conversion of the insurer’s files to electronic files;
(2) Exempting an insurer from death master file comparisons required under section 44-3003 or permitting an insurer to perform such comparisons on only certain policies or retained asset accounts or to perform such comparisons less frequently than semiannually upon a demonstration of hardship by the insurer; or
(3) Phasing in compliance with the Unclaimed Life Insurance Benefits Act according to a plan adopted and published by the director.
Source
Laws 2017, LB137, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3006 - Unfair trade practice.

44-3006.
Unfair trade practice.
Failure to meet any requirement of the Unclaimed Life Insurance Benefits Act shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Source
Laws 2017, LB137, § 6.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3102 - Declaration of intent and purpose.

44-3102.
Declaration of intent and purpose.
The intent and purpose of sections 44-3101 to 44-3112 is to establish procedures for organizing and regulating the operations of professional association mutual insurance companies within the State of Nebraska and thereby to promote the general welfare of the people of the State of Nebraska.
Source
Laws 1978, LB 656, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3103 - Terms, defined.

44-3103.
Terms, defined.
As used in the Nebraska Professional Association Mutual Insurance Company Act, unless the context otherwise requires:
(1) Professional association mutual insurance company shall mean any domestic insurance company licensed under the act for the purpose of making insurance as provided in sections 44-3104 and 44-3105. For the purposes of this subdivision, professional association shall mean any organization of individual professional practitioners who are required by this state to obtain a license or other legal authorization prior to performing a professional service, including, but not limited to, certified public accountants, public accountants, dentists, osteopathic physicians, physicians and surgeons, veterinarians, and attorneys at law;
(2) Director shall mean the Director of Insurance; and
(3) Member shall mean an individual belonging to an association as defined in subdivision (1) of this section and whose principal practice is located in this state.
Source
Laws 1978, LB 656, § 3;
Laws 1989, LB 342, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3104 - Licensed insurance company; limitation on business.

44-3104.
Licensed insurance company; limitation on business.
The business of an insurance company licensed pursuant to sections 44-3101 to 44-3112 shall be limited to making insurance, as provided in section 44-3105, on the risks, hazards, and liabilities of members of an association whose principal practice is located in the State of Nebraska for professional practitioners' errors and omissions or malpractice liability.
Source
Laws 1978, LB 656, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3105 - Professional association mutual insurance company; certificate of authority; demonstrate need.

44-3105.
Professional association mutual insurance company; certificate of authority; demonstrate need.
Any professional association mutual insurance company applying for a certificate of authority to engage in the insurance business in this state shall demonstrate to the satisfaction of the director that adequate insurance markets in the United States are not reasonably available to cover the risks, hazards, and liabilities of the members to be insured for professional practitioners' errors and omissions or malpractice liability, and that the total insurance coverage necessary to insure such risks, hazards, and liabilities of the members to be insured would develop, in the aggregate, gross annual premiums of at least two hundred fifty thousand dollars.
Source
Laws 1978, LB 656, § 5.