reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2701 - Purpose of act.

44-2701.
Purpose of act.
The purpose of the Nebraska Life and Health Insurance Guaranty Association Act is to protect resident policyowners, insureds, including certificate holders under group insurance policies or contracts, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts of member insurers, subject to certain limitations, against failure in the performance of contractual obligations due to the impairment or insolvency of the member insurer issuing such policies or contracts and to assist in the detection and prevention of insurer insolvencies. To provide this protection, (1) an association of insurers is created to enable the guaranty of payment of benefits and of continuation of coverages, as limited in the act, and (2) members of the association are made subject to assessment to provide funds to carry out the purposes of the act.
Source
Laws 1975, LB 217, § 1;
Laws 1986, LB 593, § 3.
Annotations
Resident employees, and not a nonresident trustee, are entitled to protection under this section. Unisys Corp. v. Nebraska Life & Health Ins. Guar. Assn., 267 Neb. 158, 673 N.W.2d 15 (2004).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2704 - Act; how construed.

44-2704.
Act; how construed.
The Nebraska Life and Health Insurance Guaranty Association Act shall be construed to effect the purposes enumerated in section 44-2701.
Source
Laws 1975, LB 217, § 4;
Laws 1986, LB 593, § 6;
Laws 2012, LB887, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2705 - Nebraska Life and Health Insurance Guaranty Association; created; members; board of directors; accounts; supervision.

44-2705.
Nebraska Life and Health Insurance Guaranty Association; created; members; board of directors; accounts; supervision.
(1) There is hereby created a nonprofit unincorporated legal entity to be known as the Nebraska Life and Health Insurance Guaranty Association. All member insurers shall be members of the association as a condition of their authority to transact the business of insurance in this state. The association shall perform its functions under the plan of operation established and approved according to section 44-2709 and shall exercise its powers through a board of directors established pursuant to the provisions of section 44-2706. For purposes of administration and assessment, the association shall maintain three accounts: (a) A health insurance account; (b) a life insurance account; and (c) an annuity account.
(2) The association shall be under the direct supervision of the director and shall be subject to the applicable provisions of the insurance laws of this state.
Source
Laws 1975, LB 217, § 5;
Laws 1989, LB 92, § 216.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2706 - Board of directors; members; how selected; voting rights; represent insurers; expenses.

44-2706.
Board of directors; members; how selected; voting rights; represent insurers; expenses.
(1) The board of directors of the association shall consist of not less than seven nor more than eleven members serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the director. Vacancies on the board shall be filled for the remaining period of the term in the manner described in the plan of operation. To select the initial board of directors and initially organize the association, the director shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one vote in person or by proxy. If the board of directors is not selected within sixty days after notice of the organizational meeting, the director may appoint the initial members.
(2) In approving selections or in appointing members to the board, the director shall consider, among other things, whether all member insurers are fairly represented.
(3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board as provided in sections 81-1174 to 81-1177 for state employees but shall not otherwise be compensated by the association for their services.
Source
Laws 1975, LB 217, § 6;
Laws 1981, LB 204, § 72;
Laws 2019, LB159, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2711 - Detection and prevention of insurer impairments or insolvencies; powers and duties of board and director.

44-2711.
Detection and prevention of insurer impairments or insolvencies; powers and duties of board and director.
To aid in the detection and prevention of insurer impairments or insolvencies:
(1) The board of directors shall, upon majority vote, notify the director of any information indicating any member insurer may be unable or potentially unable to fulfill its contractual obligations;
(2) The board of directors may, upon majority vote, request that the director order an examination of any member insurer which the board in good faith believes may be unable or potentially unable to fulfill its contractual obligations. The director may conduct such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the director may designate. The cost of such examination shall be paid by the association and the examination report shall be treated as are other examination reports. In no event shall such examination report be released to the board of directors of the association prior to its release to the public, but this shall not excuse the director from his or her obligation to comply with subdivision (3) of this section. The director shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the director, but it shall not be open to public inspection prior to the release of the examination report to the public and shall be released at that time only if the examination discloses that the examined insurer is unable or potentially unable to meet its contractual obligations;
(3) The director shall report to the board of directors when he or she has reasonable cause to believe that any member insurer examined at the request of the board of directors may be unable or potentially unable to fulfill its contractual obligations;
(4) The board of directors may, upon majority vote, make reports and recommendations to the director upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer. Such reports and recommendations shall not be considered public documents;
(5) The board of directors may, upon majority vote, make recommendations to the director for the detection and prevention of insurer impairments or insolvencies; and
(6) The board of directors shall, at the conclusion of any insurer impairment or insolvency in which the association carried out its duties under the Nebraska Life and Health Insurance Guaranty Association Act or exercised any of its powers under such act, prepare a report on the history and causes of such impairment or insolvency based on the information available to the association and submit such report to the director.
Source
Laws 1975, LB 217, § 11;
Laws 1986, LB 593, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2714 - Association; subject to examination and regulation; annual report.

44-2714.
Association; subject to examination and regulation; annual report.
The association shall be subject to examination and regulation by the director. The board of directors shall submit to the director, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the director and a report of its activities during the preceding calendar year.
Source
Laws 1975, LB 217, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2715 - Association; exempt from fees and taxes; exception.

44-2715.
Association; exempt from fees and taxes; exception.
The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.
Source
Laws 1975, LB 217, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2716 - Insurer; offset against tax liability; handling of refund sums.

44-2716.
Insurer; offset against tax liability; handling of refund sums.
(1) The insurer may offset against its premium and related retaliatory tax liability to this state pursuant to sections 44-150 and 77-908 accrued with respect to business transacted in such year an amount equal to twenty percent of the original face amount of the certificate of contribution, beginning with the first calendar year after the year of issuance through the fifth calendar year of issuance.
(2) Any sums acquired by refund pursuant to subsection (6) of section 44-2708 from the association which have previously been written off by contributing insurers and offset against premium and related retaliatory taxes as provided in subsection (1) of this section and are not then needed for purposes of Chapter 44 shall be paid by the association to the director who shall handle such funds in the same manner as provided for in section 77-912.
Source
Laws 1975, LB 217, § 16;
Laws 1986, LB 1114, § 6;
Laws 1987, LB 302, § 6;
Laws 2000, LB 930, § 8.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2717 - Exemption from liability.

44-2717.
Exemption from liability.
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its directors, officers, agents, or employees, the association or its agents or employees, members of its board of directors, or the director or his or her representatives for any action taken by them in the performance of their powers and duties under the Nebraska Life and Health Insurance Guaranty Association Act.
Source
Laws 1975, LB 217, § 17;
Laws 1986, LB 593, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2718 - Stay of proceedings against impaired insurer; purpose; association; apply to set aside judgment or defend.

44-2718.
Stay of proceedings against impaired insurer; purpose; association; apply to set aside judgment or defend.
All proceedings in which the impaired insurer is a party in any court in this state shall be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict, or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. Nothing in this section shall be deemed to limit the powers of a receiver appointed pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, or to stay any proceeding brought pursuant to such act.
Source
Laws 1975, LB 217, § 18;
Laws 2019, LB159, § 8.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2719 - Assessments made by associations of other states; effect.

44-2719.
Assessments made by associations of other states; effect.
Assessments made by the insurance guaranty associations, or similar entities, pursuant to the laws of any other state shall not be considered taxes, licenses, other fees, other material obligations, prohibitions, or restrictions as defined in section 44-150.
Source
Laws 1975, LB 217, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2719.01 - Using name of association; when prohibited.

44-2719.01.
Using name of association; when prohibited.
No person, including an insurer, agent, or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public, or cause directly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, in the form of a notice, circular, pamphlet, letter, or poster, over any radio station or television station, or in any other way any advertisement, announcement, or statement, written or oral, which uses the existence of the Nebraska Life and Health Insurance Guaranty Association for the purpose of sales, solicitation, or inducement to purchase any form of insurance covered by the Nebraska Life and Health Insurance Guaranty Association Act, except that this section shall not apply to the Nebraska Life and Health Insurance Guaranty Association or any other entity which does not sell or solicit insurance or coverage by a health maintenance organization.
Source
Laws 1986, LB 593, § 14;
Laws 2019, LB159, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2719.02 - Insurer under court order; provisions applicable; act; applicability.

44-2719.02.
Insurer under court order; provisions applicable; act; applicability.
(1) Any insurer under an order of liquidation, rehabilitation, or conservation on February 12, 1986, shall be subject to the provisions of the Nebraska Life and Health Insurance Guaranty Association Act in effect on the day prior to February 12, 1986.
(2) Notwithstanding any other provision of law, the provisions of the Nebraska Life and Health Insurance Guaranty Association Act in effect on the date the association first becomes obligated for the policies or contracts of an insolvent or impaired member govern the association's rights or obligations to the policyowners, contract owners, or enrollees of the insolvent or impaired member insurer.
Source
Laws 1986, LB 593, § 15;
Laws 2012, LB887, § 19;
Laws 2019, LB159, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2720 - Act, how cited.

44-2720.
Act, how cited.
Sections 44-2701 to 44-2720 shall be known and may be cited as the Nebraska Life and Health Insurance Guaranty Association Act.
Source
Laws 1975, LB 217, § 21;
Laws 1986, LB 593, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2801 - Legislative findings and intent.

44-2801.
Legislative findings and intent.
(1) The Legislature finds and declares that it is in the public interest that competent medical and hospital services be available to the public in the State of Nebraska at reasonable costs, and that prompt and efficient methods be provided for eliminating the expense as well as the useless expenditure of time of physicians and courts in nonmeritorious malpractice claims and for efficiently resolving meritorious claims. It is essential in this state to assure continuing availability of medical care and to encourage physicians to enter into the practice of medicine in Nebraska and to remain in such practice as long as such physicians retain their qualifications.
(2) The Legislature further finds that at the present time under the system in effect too large a percentage of the cost of malpractice insurance is received by individuals other than the injured party. The intent of sections 44-2801 to 44-2855 is to serve the public interest by providing an alternative method for determining malpractice claims in order to improve the availability of medical care, to improve its quality and to reduce the cost thereof, and to insure the availability of malpractice insurance coverage at reasonable rates.
Source
Laws 1976, LB 434, § 1.
Annotations
The Nebraska Hospital-Medical Liability Act does not establish a public policy requiring that a professional liability insurance policy must provide coverage for sexual abuse inflicted by a physician upon his or her patient. R.W. v. Schrein, 263 Neb. 708, 642 N.W.2d 505 (2002).
This act held constitutional in regard to all questions of constitutionality raised in the answer. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2802 - Terms, defined; common-law meaning; when.

44-2802.
Terms, defined; common-law meaning; when.
(1) As used in the Nebraska Hospital-Medical Liability Act, unless the context otherwise requires, the definitions in sections 44-2803 to 44-2817 shall apply.
(2) Any legal word or term of art used in the Nebraska Hospital-Medical Liability Act and not otherwise defined shall have such meaning as is consistent with common law.
Source
Laws 1976, LB 434, § 2;
Laws 1984, LB 692, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2803 - Health care provider, defined.

44-2803.
Health care provider, defined.
Health care provider means: (1) A physician; (2) a certified registered nurse anesthetist; (3) an individual, partnership, limited liability company, corporation, association, facility, institution, or other entity authorized by law to provide professional medical services by physicians or certified registered nurse anesthetists; (4) a hospital; or (5) a personal representative as defined in section 30-2209 who is successor or assignee of any health care provider designated in subdivisions (1) through (4) of this section.
Source
Laws 1976, LB 434, § 3;
Laws 1993, LB 121, § 245;
Laws 1995, LB 563, § 1;
Laws 2005, LB 256, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2804 - Physician, defined.

44-2804.
Physician, defined.
Physician shall mean a person with an unlimited license to practice medicine in this state pursuant to the Medicine and Surgery Practice Act or a person with a license to practice osteopathic medicine or osteopathic medicine and surgery in this state pursuant to sections 38-2029 to 38-2033.
Source
Laws 1976, LB 434, § 4;
Laws 1988, LB 1100, § 3;
Laws 2007, LB463, § 1136.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2806 - Hospital, defined.

44-2806.
Hospital, defined.
Hospital shall mean a public or private institution licensed pursuant to the Health Care Facility Licensure Act.
Source
Laws 1976, LB 434, § 6;
Laws 2000, LB 819, § 73.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2810 - Malpractice or professional negligence, defined.

44-2810.
Malpractice or professional negligence, defined.
Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities. In determining what constitutes reasonable and ordinary care, skill, and diligence on the part of a health care provider in a particular community, the test shall be that which health care providers, in the same community or in similar communities and engaged in the same or similar lines of work, would ordinarily exercise and devote to the benefit of their patients under like circumstances.
Source
Laws 1976, LB 434, § 10.
Annotations
The applicable standard of care in medical malpractice cases is established by the Nebraska Hospital-Medical Liability Act and has a locality focus, but otherwise is consistent with the general common-law standard of care. Hemsley v. Langdon, 299 Neb. 464, 909 N.W.2d 59 (2018).
Hospital policies and rules do not conclusively determine the standard of care owed. Green v. Box Butte General Hosp., 284 Neb. 243, 818 N.W.2d 589 (2012).
This section of the Nebraska Hospital-Medical Liability Act specifically provides for use of the locality rule. Fales v. Books, 253 Neb. 491, 570 N.W.2d 841 (1997).
Plaintiff failed to allege that defendants, in rendering professional services, failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by health care providers practicing in the community. Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102 (1994).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2811 - Health care, defined.

44-2811.
Health care, defined.
Health care shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement.
Source
Laws 1976, LB 434, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2813 - Occurrence, defined.

44-2813.
Occurrence, defined.
Occurrence shall mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately cause injuries or damages for which reimbursement is or may be claimed by the patient or his representative.
Source
Laws 1976, LB 434, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2817 - Nonrefundable payments, benefits, or damages, defined.

44-2817.
Nonrefundable payments, benefits, or damages, defined.
Nonrefundable payments, benefits, or damages shall mean those payments, benefits, or damages which are not required to be refunded in event of recovery of damages pursuant to sections 44-2801 to 44-2855.
Source
Laws 1976, LB 434, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2818 - Health care provider; express or implied contract assuring results; liability; when.

44-2818.
Health care provider; express or implied contract assuring results; liability; when.
No liability shall be imposed upon any health care provider on the basis of an alleged breach of an express or implied contract assuring results to be obtained from any procedure undertaken in the course of health care, unless such contract is expressly set forth in writing and is signed by such health care provider or by an authorized agent of such health care provider. Nothing in this section shall exempt any health care provider from the standard of due care in administering any procedure undertaken.
Source
Laws 1976, LB 434, § 18.
Annotations
Plaintiff's petition did not allege a contract expressly set forth in writing, signed by defendants or their authorized agents regarding an express or implied contract ensuring the results to be obtained from the procedures undertaken by defendant in the health care of plaintiff. Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102 (1994).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2819 - Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.

44-2819.
Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.
(1) In any action for damages for bodily injuries or for wrongful death when it is alleged that the claimant suffered damages for the cost of medical care, custodial care or rehabilitation services, evidence which tends to establish that the claimant or another person so damaged has been or shall be reimbursed or paid for any such item of damage, cost, or expense, in whole or in part, by any nonrefundable medical reimbursement insurance shall not be admissible in evidence or brought to the attention of the jury, but such nonrefundable medical reimbursement insurance benefits, less all premiums paid by or for the claimant, may be taken as a credit against any judgment rendered. The matter of any credit to be deducted from a judgment shall be determined by the court in a separate hearing or upon the stipulation of the parties.
(2) Damages recoverable in any action shall be those losses which have been or shall be sustained by the claimant as a direct and proximate result of the defendant's wrongful acts as established by a preponderance of the evidence. In wrongful death actions, pecuniary loss to a widow or widower, any dependent, or next of kin shall be subject to all of the terms and provisions of sections 44-2801 to 44-2855.
Source
Laws 1976, LB 434, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2820 - Action based on failure to obtain informed consent; burden of proof.

44-2820.
Action based on failure to obtain informed consent; burden of proof.
Before the plaintiff may recover any damages in any action based on failure to obtain informed consent, it shall be established by a preponderance of the evidence that a reasonably prudent person in the plaintiff's position would not have undergone the treatment had he or she been properly informed and that the lack of informed consent was the proximate cause of the injury and damages claimed.
Source
Laws 1976, LB 434, § 20;
Laws 1984, LB 692, § 4.
Annotations
To be "properly informed" under this section, a patient must be informed under the standard articulated in section 44-2816. Curran v. Buser, 271 Neb. 332, 711 N.W.2d 562 (2006).
The language of this statute is adopted for the purposes of malpractice actions against chiropractors. Jones v. Malloy, 226 Neb. 559, 412 N.W.2d 837 (1987).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2822 - Claim for bodily injury or death; petition or complaint; file; damages.

44-2822.
Claim for bodily injury or death; petition or complaint; file; damages.
Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional negligence, failure to provide care, breach of contract, or other claim based upon failure to obtain informed consent for an operation or treatment may file a petition or complaint in any court of law having requisite jurisdiction. No dollar amount or figure shall be included in the demand in any malpractice petition or complaint, but the petition shall ask for such damages as are reasonable in the premises.
Source
Laws 1976, LB 434, § 22;
Laws 1984, LB 692, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2824 - Health care provider; qualify under act; conditions.

44-2824.
Health care provider; qualify under act; conditions.
(1) To be qualified under the Nebraska Hospital-Medical Liability Act, a health care provider or such health care provider's employer, employee, partner, or limited liability company member shall:
(a) File with the director proof of financial responsibility, pursuant to section 44-2827 or 44-2827.01, in the amount of eight hundred thousand dollars for each occurrence. An aggregate liability amount of three million dollars for all occurrences or claims made in any policy year or risk-loss trust year for each named insured shall be provided. Such policy may be written on either an occurrence or a claims-made basis. Any risk-loss trust shall be established and maintained only on an occurrence basis. Such qualification shall remain effective only as long as insurance coverage or risk-loss trust coverage as required remains effective; and
(b) Pay the surcharge and any special surcharge levied on all health care providers pursuant to sections 44-2829 to 44-2831.
(2) Subject to the requirements in subsections (1) and (4) of this section, the qualification of a health care provider shall be either on an occurrence or claims-made basis and shall be the same as the insurance coverage provided by the insured's policy.
(3) The director shall have authority to permit qualification of health care providers who have retired or ceased doing business if such health care providers have primary insurance coverage under subsection (1) of this section.
(4) A health care provider who is not qualified under the act at the time of the alleged occurrence giving rise to a claim shall not, for purposes of that claim, qualify under the act notwithstanding subsequent filing of proof of financial responsibility and payment of a required surcharge.
(5) Qualification of a health care provider under the Nebraska Hospital-Medical Liability Act shall continue only as long as the health care provider meets the requirements for qualification. A health care provider who has once qualified under the act and who fails to renew or continue his or her qualification in the manner provided by law and by the rules and regulations of the Department of Insurance shall cease to be qualified under the act.
Source
Laws 1976, LB 434, § 24;
Laws 1984, LB 692, § 7;
Laws 1986, LB 1005, § 1;
Laws 1990, LB 542, § 3;
Laws 1993, LB 121, § 247;
Laws 1994, LB 884, § 59;
Laws 2004, LB 998, § 1;
Laws 2005, LB 256, § 18;
Laws 2023, LB92, § 57.
Operative Date: January 1, 2025
Annotations
The Nebraska Hospital-Medical Liability Act does not have application to acts of negligence committed by otherwise qualified health care providers outside the boundaries of this state. Harper v. Silva, 224 Neb. 645, 399 N.W.2d 826 (1987).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2825 - Action for injury or death; maximum amount recoverable; settlement; manner; coverage; how treated.

44-2825.
Action for injury or death; maximum amount recoverable; settlement; manner; coverage; how treated.
(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurrence on or before December 31, 1984, (b) one million dollars for any occurrence after December 31, 1984, and on or before December 31, 1992, (c) one million two hundred fifty thousand dollars for any occurrence after December 31, 1992, and on or before December 31, 2003, (d) one million seven hundred fifty thousand dollars for any occurrence after December 31, 2003, and on or before December 31, 2014, and (e) two million two hundred fifty thousand dollars for any occurrence after December 31, 2014.
(2) A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of eight hundred thousand dollars for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient.
(3) Subject to the overall limits from all sources as provided in subsection (1) of this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund pursuant to sections 44-2831 to 44-2833.
(4) Nothing in the Nebraska Hospital-Medical Liability Act shall be construed to require the Excess Liability Fund to provide coverage for the first eight hundred thousand dollars per occurrence or to provide a defense for or on behalf of a qualified health care provider after the provider's annual aggregate limit of liability amount set forth in sections 44-2824 and 44-2827 has been exhausted. A qualified health care provider's purchase of coverage with an aggregate limit of liability higher than required by sections 44-2824 and 44-2827 shall not affect the obligation of payment from the Excess Liability Fund pursuant to this section.
Source
Laws 1976, LB 434, § 25;
Laws 1984, LB 692, § 8;
Laws 1986, LB 1005, § 2;
Laws 1992, LB 1006, § 18;
Laws 2003, LB 146, § 1;
Laws 2004, LB 998, § 2;
Laws 2014, LB961, § 3;
Laws 2023, LB92, § 58.
Operative Date: January 1, 2025
Annotations
The cap on damages in subsection (1) of this section does not violate principles of special legislation, equal protection, the open courts provision, the right to a remedy, the right to a jury trial, the taking of property, and the separation of powers. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2826 - Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.

44-2826.
Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.
(1) Any payment made by a health care provider or his insurer to or for the patient or any other person in the patient's behalf in advance of a final determination of liability of all health care providers shall not be construed as an admission of liability for injuries or damages suffered in any action brought under sections 44-2801 to 44-2855.
(2) Evidence of an advance payment shall not be admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff by the amount of such advance payment. The advance payment shall inure to the exclusive benefit of the defendant making the payment. If the advance payment exceeds the liability of the defendant, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs. In no case shall an advance payment in excess of the amount found to be due from any health care provider be repayable to the health care provider making it.
(3) A patient's claim for compensation under sections 44-2801 to 44-2855 shall not be assignable.
Source
Laws 1976, LB 434, § 26.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2827 - Health care provider; proof of financial responsibility; filing by insurer.

44-2827.
Health care provider; proof of financial responsibility; filing by insurer.
Financial responsibility of a health care provider may be established only by filing with the director proof that the health care provider is insured pursuant to sections 44-2837 to 44-2839 or by a policy of professional liability insurance in a company authorized to do business in Nebraska. Such insurance shall be in the amount of eight hundred thousand dollars per occurrence, and an aggregate liability amount of three million dollars for all occurrences or claims made in any policy year shall be provided. The filing shall state the premium charged for the policy of insurance.
Source
Laws 1976, LB 434, § 27;
Laws 1986, LB 1005, § 3;
Laws 2003, LB 146, § 2;
Laws 2004, LB 998, § 3;
Laws 2005, LB 256, § 19;
Laws 2023, LB92, § 59.
Operative Date: January 1, 2025
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2829 - Excess Liability Fund; created; how funded; use surcharge; premiums.

44-2829.
Excess Liability Fund; created; how funded; use surcharge; premiums.
(1) There is hereby created an Excess Liability Fund to be collected and received by the director for the exclusive use and purposes stated in the Nebraska Hospital-Medical Liability Act. Such fund and any income from it shall be held by the State Treasurer in trust, deposited in a separate account, and invested and reinvested pursuant to law.
(2) To create the fund, an annual surcharge shall be levied on all health care providers in Nebraska who have qualified under sections 44-2824 and 44-2827. The surcharge for each health care provider shall be determined by the director subject to the following limitations:
(a) The annual surcharge shall not exceed fifty percent of the annual premium paid by such health care provider for maintenance of current financial responsibility as provided in sections 44-2827 and 44-2837 to 44-2839; and
(b) The charge shall not exceed the amount necessary to maintain the fund in the amount stated in section 44-2830.
(3) Such surcharge and any primary insurance premiums due under sections 44-2837 to 44-2839 shall be due and payable within thirty days after the health care provider has qualified in Nebraska pursuant to section 44-2824 and shall be payable annually thereafter in such amounts as may be determined by the director insofar as the surcharge is concerned and by the risk manager insofar as primary liability coverage is concerned.
(4) The net premiums payable for primary insurance provided by the risk manager pursuant to sections 44-2837 to 44-2839 shall be deposited in the fund at least annually by the risk manager.
(5) If the annual premium surcharge or premiums for primary insurance under sections 44-2837 to 44-2839 are not paid within the time specified in subsection (3) of this section, the qualification of the health care provider under section 44-2824 shall be suspended until the annual premiums are paid. Such suspension shall not be effective as to patients claiming against the health care provider unless, at least thirty days before the effective date of the suspension, a written notice giving the date upon which the suspension becomes effective has been provided by the director to the health care provider.
(6) The Director of Insurance, as administrator of the fund, shall be responsible for legal defense of the fund. The director, using money from the fund as deemed necessary, appropriate, or desirable, may purchase the services of persons, firms, and corporations to aid in protecting the fund against claims. The Department of Justice shall not be responsible for legal defense of the fund. All expenses of collecting, protecting, and administering the fund shall be paid from the fund.
Source
Laws 1976, LB 434, § 29;
Laws 1984, LB 692, § 10;
Laws 1986, LB 1005, § 4;
Laws 2003, LB 146, § 3;
Laws 2004, LB 998, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2830 - Excess Liability Fund; surcharge, adjusted; when; reinsurance; effect.

44-2830.
Excess Liability Fund; surcharge, adjusted; when; reinsurance; effect.
If the fund shall exceed the sum of four million five hundred thousand dollars at the end of any calendar year after the payment of all claims and expenses and after adding all reversions to the fund, and if no reinsurance is involved, the director shall reduce the surcharge required by section 44-2829 in order to maintain the fund at an approximate level of five million dollars. Beginning on January 1, 1985, and on January 1 of each succeeding year, the director shall adjust the amount of the surcharge to maintain the fund at a level which is sufficient to pay all anticipated claims for the next year and to maintain an adequate reserve for future claims. Prior to making such an adjustment, the director shall conduct a public hearing concerning the proposed adjustment and shall give due regard to the size of the existing fund, the number and size of potential claims against the fund, the number of participating providers, changes in the cost of living, and sound actuarial principles. If the fund is reinsured, the director shall determine a lesser level at which the fund shall be maintained because of the reinsurance carried and may reduce the surcharge to provide for the reinsurance and maintain the fund at the lesser level determined by him or her to be reasonable under the circumstances.
Source
Laws 1976, LB 434, § 30;
Laws 1984, LB 692, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2831 - Excess Liability Fund; special surcharge; reinsurance.

44-2831.
Excess Liability Fund; special surcharge; reinsurance.
(1) The director may, at any time, analyze the fund to determine if the amount in such fund is inadequate to pay in full all claims allowed or to be allowed during the calendar year. Upon such determination, the director shall have the power to levy a special surcharge on all health care providers who have qualified under the Nebraska Hospital-Medical Liability Act, which special surcharge shall be an amount sufficient to permit full payment of all claims allowed against the fund during a calendar year. The special surcharge shall be levied against all health care providers who have qualified under the Nebraska Hospital-Medical Liability Act on the date of the special surcharge or at any time during the preceding twelve months and shall be in an amount proportionate to the surcharge each health care provider has paid to the fund. Such special surcharge shall be due and payable within thirty days after the same is levied.
(2) The director shall have authority to cause all or any part of the potential liability of the Excess Liability Fund to be reinsured, if such reinsurance is available, on a fair and reasonable basis. The cost of such reinsurance shall be paid by the fund and the fact of the reinsurance shall be taken into account in determining the surcharge as provided in sections 44-2829 and 44-2830, but in no event shall the surcharge exceed fifty percent of the annual premium paid by a health care provider for maintenance of current financial responsibility.
Source
Laws 1976, LB 434, § 31;
Laws 1984, LB 692, § 12;
Laws 2003, LB 146, § 4;
Laws 2004, LB 998, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2831.01 - Applicability of change to law.

44-2831.01.
Applicability of change to law.
(1) Any health care provider who has furnished proof of financial responsibility prior to January 1, 2025, under sections 44-2824 and 44-2827 shall be qualified under section 44-2824 for the remainder of the policy year or risk-loss trust year.
(2) The increases in coverage requirements made by Laws 2004, LB 998, in sections 44-2824 and 44-2827 shall apply to policies issued or renewed and risk-loss trust years that commence after January 1, 2005, and before January 1, 2025.
(3) The changes made to sections 44-2825, 44-2832, and 44-2833 by Laws 2004, LB 998, apply commencing with policies issued or renewed and risk-loss trust years that commence after January 1, 2005, and before January 1, 2025.
(4) The increases in coverage requirements made by Laws 2023, LB92, in sections 44-2824 and 44-2827 shall apply to policies issued or renewed and risk-loss trust years that commence on or after January 1, 2025.
(5) The changes made to sections 44-2825, 44-2832, and 44-2833 by Laws 2023, LB92, apply commencing with policies issued or renewed and risk-loss trust years that commence on or after January 1, 2025.
Source
Laws 2004, LB 998, § 6;
Laws 2023, LB92, § 60.
Operative Date: January 1, 2025
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2832 - Claims; paid; procedure; limitation.

44-2832.
Claims; paid; procedure; limitation.
(1) The Director of Administrative Services shall issue a warrant drawn on the fund in the amount of each claim submitted by the director. All claims against the fund shall be made on a voucher or other appropriate request by the director after he or she has received:
(a) A certified copy of a final judgment in excess of eight hundred thousand dollars against a health care provider and in excess of the amount recoverable from all health care providers;
(b) A certified copy of a court-approved settlement in excess of eight hundred thousand dollars against a health care provider and in excess of the amount recoverable from all health care providers; or
(c) In case of claims based on primary insurance issued by the risk manager under sections 44-2837 to 44-2839, a certified copy of a final judgment or court-approved settlement requiring payment from the fund.
(2) The amount paid from the fund for excess liability when added to the payments by all health care providers may not exceed the maximum amount recoverable pursuant to subsection (1) of section 44-2825. The amount paid from the fund on account of a primary insurance policy issued by the risk manager to a health care provider under sections 44-2837 to 44-2839 may not exceed eight hundred thousand dollars for any one occurrence covered by such policy under any circumstances.
Source
Laws 1976, LB 434, § 32;
Laws 1984, LB 692, § 13;
Laws 1986, LB 1005, § 5;
Laws 2004, LB 998, § 7;
Laws 2023, LB92, § 61.
Operative Date: January 1, 2025
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2834 - Cause of action; attorney's fees; court costs; loss of earnings; when payable.

44-2834.
Cause of action; attorney's fees; court costs; loss of earnings; when payable.
(1) In all cases against a health care provider for malpractice or professional negligence, upon motion of either party the court shall review the attorney's fees incurred by that party and allow such compensation as the court shall deem reasonable.
(2) In all cases against health care providers for malpractice or professional negligence, the court may, upon application by the prevailing party, in its discretion and in an amount determined in its discretion tax as costs payable to the prevailing party the reasonable costs of preparation and trial including reasonable attorney's fees and the reasonable loss of earnings by the prevailing party occasioned by the trial if the court finds that the losing party did not have a reasonable chance of recovery or a reasonable chance of a successful defense.
(3) A patient shall have the right to agree with his attorney to pay for the attorney's services on a mutually satisfactory per diem basis. Such election shall be exercised in written form at the time of employment or by written agreement thereafter entered into with his attorney.
Source
Laws 1976, LB 434, § 34.
Annotations
Review by the court of arrangement for attorney's fees held constitutional. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-2835 - Malpractice claim; settled or adjudicated to final judgment; report; contents; forwarded to Department of Health and Human Services.

44-2835.
Malpractice claim; settled or adjudicated to final judgment; report; contents; forwarded to Department of Health and Human Services.
(1) Each malpractice claim settled or adjudicated to final judgment against a health care provider under the Nebraska Hospital-Medical Liability Act shall be reported to the director by the plaintiff's attorney and by the health care provider or his or her insurer or risk manager within sixty days following final disposition of the claim. Such report to the director shall state the following:
(a) The nature of the claim;
(b) The alleged injury and the damages asserted;
(c) Attorney's fees and expenses incurred in connection with the claim or defense; and
(d) The amount of any settlement or judgment.
(2) The director shall forward the name of every health care provider, except a hospital, against whom a settlement has been made or judgment has been rendered under the act to the Department of Health and Human Services for such action, if any, as it deems to be appropriate under the circumstances.
Source
Laws 1976, LB 434, § 35;
Laws 1994, LB 1223, § 1;
Laws 1996, LB 1044, § 241;
Laws 2007, LB296, § 180.