reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-006 - Notification of health care providers

Current through June 17, 2024
The Excess Liability Fund shall provide the following notices
				  to health care providers as appropriate.
006.01 Expiration Notice
If the Director has not received renewed proof of financial
				  responsibility from a health care provider on or before the date such health
				  care provider's professional liability insurance policy expires, the Excess
				  Liability Fund shall cause a notice to be sent to the health care provider
				  advising that if such proof is not received by the Director within 30 days, the
				  qualification will expire on the date of the expiring proof of responsibility
				  as set forth in
Sub
s
ection(s)
				  004.02B.
006.02 Suspension Notice
If the Director has not received the health care provider's
				  required surcharge premium within 30 days after the health care provider has
				  provided proof of financial responsibility in accordance with
				  004.02B, the
				  Excess Liability Fund shall cause a notice to be sent to the health care
				  provider pursuant to
Neb.Rev.Stat. §
44-2829
				  advising that the Excess Liability Fund has not received the required
				  surcharge; that the health care provider's qualification under the Act shall be
				  suspended on a stated effective date not less than 30 days after the date of
				  notice if the required surcharge is not paid and further stating that the
				  suspension shall continue until the surcharge is paid.
006.03 Notice Acknowledging Qualification
Within five business days of receipt of the proof of
				  financial responsibility and the required surcharge premium, the Excess
				  Liability Fund shall notify the health care provider:
006.03A Whether the provider is qualified;
				and
006.03B If the provider is
				qualified, the qualification effective and expiration dates.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-007 - Form of coverage

Current through June 17, 2024
The coverage provided to a qualified health care provider
				  under the Excess Liability Fund shall be either on an occurrence or on a
				  claims-made basis and shall be the same as the insurance coverage provided by
				  the insured's policy with the exception of the retroactive date. If the health
				  care provider is no longer qualified under the Act and his or her professional
				  liability insurance coverage was on a claims-made policy, the health care
				  provider will no longer receive coverage under the Excess Liability Fund unless
				  the health care provider purchases extended reporting endorsement coverage from
				  the Fund. This coverage extends the time in which a claim may be made for
				  incidents which occurred during the period of qualification under the Act. If
				  the health care provider changes insurers and his or her professional liability
				  insurance coverage was on a claims- made policy, the health care provider will
				  no longer receive coverage under the Excess Liability Fund for prior acts
				  unless the health care provider purchases extended reporting endorsement
				  coverage from the insurer being replaced and the Fund. If the replacing insurer
				  provides prior acts coverage back to the initial qualification date, extended
				  reporting endorsement coverage is not needed.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-008 - Residual malpractice insurance authority

Current through June 17, 2024
If, after diligent effort, a health care provider has been
				  unable to obtain malpractice liability insurance and has been declined by at
				  least two insurers authorized and writing medical malpractice liability
				  insurance in the State of Nebraska, provided there are two such companies, the
				  health care provider may apply for such coverage through the residual
				  malpractice insurance authority. The application shall be made on a form
				  prepared by the residual malpractice insurance authority which has been filed
				  with and approved by the Department of Insurance. The application shall be
				  accompanied by evidence of the two declinations in the form of letters from the
				  declining insurer. If the application is accepted, the coverage shall be issued
				  at the rates established by the Nebraska Department Insurance.
Qualification through the Residual Malpractice Insurance
				  Authority shall be subject to the provisions of
Sub
s
ection
				  004.02B regarding
				  renewed qualification;
Sub
s
ection 004.04 regarding
				  suspension of qualification;
Section 005 regarding surcharge premium and Section 006
				  regarding notification to health care providers. Qualification under the
				  Residual Malpractice Insurance Authority shall be on an occurrence form basis.
				  As a condition for participating in the Residual Malpractice Insurance
				  Authority, the health care provider must also maintain qualification in the
				  Excess Liability Fund.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-009 - Patient notification

Current through June 17, 2024
A qualified health care provider shall provide notice to his
				  or her patients that he or she has qualified under the Act by continuously
				  posting in his or her waiting room or other suitable location a sign
				  stating:
(Name of Health Care Provider) has qualified under the
				  provisions of the Nebraska Hospital-Medical Liability Act. Patients will be
				  subject to the terms and conditions of the Act unless they file a refusal to be
				  bound by that Act with the Director of Insurance of the State of
				  Nebraska.
In addition to the foregoing information, the sign may
				  include the following language:
This notice is being provided as required by the Nebraska
				  Hospital-Medical Liability Act
Neb.Rev.Stat.
				  §
44-2821(4), as amended.
The sign to be posted will measure at least 8 1/2" x 11" and
				  shall be printed in substantially similar size and style of type as that used
				  in the attached notice.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-010 - Confidentiality

Current through June 17, 2024
Certain records of the Excess Liability Fund and the residual
				  malpractice insurance authority shall be confidential and shall not be subject
				  to disclosure as public records. These records include, but are not limited to
				  the following:
010.01 Medical records
				in any form concerning any person and records of elections filed under
Neb.Rev.Stat.
§
									44-2821;
010.02 Any and all records regarding claims
				filed under the Act;
010.03 Any and
				all records which represent the work product of an attorney or of the Excess
				Liability Fund which are related to preparation for litigation under the
				Act.
010.04 Any records regarding
				specific case reserves;
010.05 Any
				examination or actuarial work papers; and
010.06 Any underwriting records of a
				professional liability insurer or the Residual Malpractice Insurance
				Authority.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-011 - Severability clause

Current through June 17, 2024
The invalidity of any one or more provisions of this Rule
				  shall not affect any other provision of this Rule or any part thereof, and in
				  case of any such invalidity, this rule shall be construed as if such invalid
				  provisions had not been inserted.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 32 - NEBRASKA HOSPITAL-MEDICAL LIABILITY ACT EXCESS LIABILITY FUND RESIDUAL MALPRACTICE INSURANCE AUTHORITY › Section 210-32-012 - Operative date

Current through June 17, 2024
This rule shall become operative on September 1, 1989.
NOTICE
has qualified under
(Name of Health Care Provider)
the provisions of the Nebraska Hospital-Medical Liability Act
				  (
Neb.Rev.Stat. §§
										44-2801
				  through
				  44-2855
).
				  Patients will be subject to the terms and provisions of that act unless they
				  file a refusal to be bound by the act with the Director of Insurance of the
				  State of Nebraska and notify the above health care provider of the election as
				  soon as is reasonable under the circumstances that such patient has so elected.
' Heading must be 90 point boldface type.
2 Text must be 32 point boldface type.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-001 - Authority

Current through June 17, 2024
This rule is adopted and promulgated by the Nebraska
				  Department of Insurance pursuant to Neb. Rev. Stat. §§
									44-101.01,
				  44-1522,
				  44-1525(l)(a)
				   and
				  44-1533.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-002 - Purpose

Current through June 17, 2024
002.01 The purpose
				of this regulation is to require insurers to deliver to purchasers of life
				insurance, information which will improve the buyer's ability to select the
				most appropriate plan of life insurance for the buyer's needs, improve the
				buyer's understanding of the basic features of the policy which has been
				purchased or which is under consideration and improve the ability of the buyer
				to evaluate the relative costs of similar plans of life insurance.
002.02 This regulation does not prohibit the
				use of additional material which is not in violation of this regulation or any
				other Nebraska statute or regulation.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-003 - Scope

Current through June 17, 2024
003.01 Except for
				the exemptions specified in Subsection 003.02, this regulation shall apply to
				any solicitation, negotiation or procurement of life insurance occurring within
				this state. Subsection 005.02 shall apply only to an existing nonexempt policy
				held by a policyowner residing in this state. This regulation shall apply to
				any issuer of life insurance contracts including fraternal benefit
				societies.
003.02 This regulation
				shall not apply to:
003.02A Individual and
				group annuity contracts;
003.02B
				Credit life insurance;
003.02C
				Group life insurance (except for disclosures relating to preneed funeral
				contracts or prearrangements; these disclosure requirements shall extend to the
				issuance or delivery of certificates as well as to the master
				policy);
003.02D Life insurance
				policies issued in connection with pension and welfare plans as defined by and
				which are subject to the federal Employee Retirement Income Security Act of
				1974 (ERISA),
				29 U.S.C. Section
				1001 et seq. as amended; or
003.02E Variable life insurance under which
				the amount or duration of the life insurance varies according to the investment
				experience of a separate account.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-004 - Definitions

Current through June 17, 2024
For the purposes of this regulation, the following
				  definitions shall apply:
004.01
				Buyer's Guide
"Buyer's Guide" means the current Life Insurance Buyer's
				  Guide adopted by the National Association of Insurance Commissioners (NAIC) or
				  language approved by the Director of Insurance.
004.02 Current scale of nonguaranteed
				elements
"Current scale of nonguaranteed elements" means a formula or
				  other mechanism that produces values for an illustration as if there is no
				  change in the basis of those values after the time of
				  illustration.
004.03 Generic
				name
"Generic name" means a short title that is descriptive of the
				  premium and benefit patterns of a policy or a rider.
004.04 Nonguaranteed elements
"Nonguaranteed elements" means the premiums, credited
				  interest rates (including any bonus), benefits, values, non-interest based
				  credits, charges or elements of formulas used to determine any of these, that
				  are subject to company discretion and are not guaranteed at issue. An element
				  is considered non-guaranteed if any of the underlying non-guaranteed elements
				  are used in its calculation.
004.05 Policy data
"Policy data" means a display or schedule of numerical
				  values, both guaranteed and nonguaranteed for each policy year or a series of
				  designated policy years of the following information:
004.05A illustrated annual, other periodic,
				and terminal dividends;
004.05B
				premiums;
004.05C death benefits;
				and
004.05D cash surrender values
				and endowments benefits.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-005 - Duties of Insurers

Current through June 17, 2024
005.01 Requirements
				Applicable Generally
005.01A The insurer
				shall provide a Buyer's Guide to all prospective purchasers, prior to accepting
				the applicant's initial premium or premium deposit. However, if the policy for
				which application is made contains an unconditional refund provision of at
				least ten (10) days, the Buyer's Guide may be delivered with the policy or
				prior to delivery of the policy.
005.01B The insurer shall provide a policy
				summary to prospective purchasers where the insurer has identified the policy
				form as one that will not be marketed with an illustration. The policy summary
				shall show guarantees only. It shall consist of a separate document with all
				required information set out in a manner that does not minimize or render any
				portion of the summary obscure. Any amounts that remain level for two (2) or
				more years of the policy may be represented by a single number if it is clearly
				indicated what amounts are applicable for each policy year. Amounts in
				Subsection
				004.06E shall be
				listed in total, not on a per thousand or per unit basis. If more than one
				insured is covered under one policy or rider, death benefits shall be displayed
				separately for each insured or for each class of insureds if death benefits do
				not differ within the class. Zero amounts shall be displayed as a blank space.
				Delivery of the policy summary shall be consistent with the time for delivery
				of the Buyer's Guide as specified in Subsection
				005.01A.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-006 - Preneed Funeral Contracts or Arrangements

Current through June 17, 2024
The following information shall be adequately disclosed at
				  the time an application is made, prior to accepting the applicant's initial
				  premium or deposit, for a preneed funeral contract or prearrangement that is
				  funded or to be funded by a life insurance policy:
006.01 The fact that a life insurance policy
				is involved or being used to fund a prearrangement;
006.02 The nature of the relationship among
				the soliciting agent or agents, the provider of the funeral or cemetery
				merchandise or services, the administrator and any other person;
006.03 The relationship of the life insurance
				policy to the funding of the prearrangement and the nature and existence of any
				guarantees relating to the prearrangement;
006.04 The impact on the prearrangement:
006.04A Of any changes in the life insurance
				policy including but not limited to, changes in the assignment, beneficiary
				designation or use of the proceeds;
006.04B Of any penalties to be incurred by
				the policyholder as a result of failure to make premium payments;
006.04C Of any penalties to be incurred or
				monies to be received as a result of cancellation or surrender of the life
				insurance policy;
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-007 - General Rules

Current through June 17, 2024
007.01 Each insurer
				shall maintain at its home office or principal office, a complete file
				containing one copy of each document authorized by the insurer pursuant to this
				regulation. This file shall contain one copy of each authorized form for a
				period of three (3) years following the date of its last authorized use unless
				otherwise provided by this regulation.
007.02 An agent shall inform the prospective
				purchaser, prior to commencing a life insurance sales presentation, that he or
				she is acting as a life insurance agent and inform the prospective purchaser of
				the full name of the insurance company which the agent is representing to the
				buyer. In sales situations in which an agent is not involved, the insurer shall
				identify its full name.
007.03 An
				insurance producer shall not use terms such as "financial planner," "investment
				advisor," "financial consultant," "financial counseling," or other similar
				terms in such a way as to imply that he or she is primarily engaged in an
				advisory business in which compensation is unrelated to sales unless that is
				actually the case. This provision is not intended to preclude persons who hold
				some form of formal recognized financial planning or consultant designation
				from using this designation even when they are only selling insurance. This
				provision also is not intended to preclude persons who are members of a
				recognized trade or professional association having such terms as part of its
				name from citing membership, providing that a person citing membership, if
				authorized only to sell insurance products, shall disclose that fact. This
				provision does not permit persons to charge an additional fee for services that
				are customarily associated with the solicitation, negotiation or servicing of
				policies.
007.04 Any reference to
				nonguaranteed elements shall include a statement that the item is not
				guaranteed and is based on the company's current scale of nonguaranteed
				elements (use appropriate special term such as "current dividend" or "current
				rate" scale.) If a nonguaranteed element would be reduced by the existence of a
				policy loan, a statement to that effect shall be included in any reference to
				nonguaranteed elements. A presentation or depiction of a policy issued after
				the effective date of 210 Neb. Admin. R. & Reg. 72 that includes
				nonguaranteed elements over a period of years shall be governed by that
				regulation.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 33 - LIFE INSURANCE SOLICITATION › Section 210-33-008 - Failure to comply

Current through June 17, 2024
Failure of an insurer to provide or deliver a Buyer's Guide,
				  an in force illustration, a policy summary or policy data as provided in
				  Section 005, shall constitute an omission which misrepresents the benefits,
				  advantages, conditions or terms of an insurance policy.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 34 - TITLE INSURANCE › Section 210-34-001 - Authority

Current through June 17, 2024
This rule is adopted and promulgated by the Director of
				  Insurance of the State of Nebraska pursuant to the Title Insurers Act, Neb.
				  Rev. Stat. §
									44-1978
				  et seq., specifically §
									44-19,101
				  and pursuant to the Title Insurance Agent Act, Neb. Rev. Stat. §
									44-19,106 et seq.,
				  specifically §
									44-19,119.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 34 - TITLE INSURANCE › Section 210-34-002 - Purpose

Current through June 17, 2024
The purpose of this rule is to set forth standards the
				  director deems necessary to carry out the provisions of Neb. Rev. Stat. §
									44-1978
				  et seq. and Neb. Rev. Stat. §
									44-19,106 et
				  seq.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 34 - TITLE INSURANCE › Section 210-34-003 - Severability

Current through June 17, 2024
If any section of this rule, or the applicability thereof to
				  any person or circumstance, is held invalid by a court, the remainder of this
				  chapter and the applicability of such provision to other persons or
				  circumstances shall not be affected thereby.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 34 - TITLE INSURANCE › Section 210-34-005 - Definitions

Current through June 17, 2024
005.01 The
				definitions provided in Neb. Rev. Stat. §
									44-1981
				and Neb. Rev. Stat. §
									44-19,108 apply
				for the purposes of this chapter.
005.02 Title insurance agency
Title insurance agency shall mean a business entity licensed
				  by the Department of Insurance with a title insurance agent or agents appointed
				  by the entity to act as the designated agent or agents of the entity and who
				  are thereby responsible for the insurance related activities of the
				  entity.
005.03 Audit sample
				or audit sampling
Audit sample or audit sampling shall mean samples selected
				  based upon sampling guidelines established in the American Institute of
				  Certified Public Accountants Audit and Accounting Guide - Audit Sampling as
				  well as SAS 39 - Audit Sampling, the National Association of Insurance
				  Commissioners Financial Condition Examiners Handbook, or the National
				  Association of Insurance Commissioners Market Conduct Examiners Handbook. In
				  the audit report, the auditor shall note the number of items selected for the
				  audit sample and the reason(s) why that number was selected. The auditor shall
				  select a sample which will give the auditor reasonable assurance the
				  transactions and accounts are free from material errors.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 34 - TITLE INSURANCE › Section 210-34-007 - Agent Records Retention

Current through June 17, 2024
The title insurance agent shall preserve and maintain records
				  of its affairs, including title insurance, escrow operations, security deposit,
				  and escrow trust accounts for as long as appropriate under the circumstances
				  but, in no event, less than fifteen years after the title insurance policy has
				  been issued or ten years after the escrow or security deposit account has been
				  closed.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 35 - UNFAIR DISCRIMINATION ON THE BASIS OF BLINDNESS OR PARTIAL BLINDNESS › Section 210-35-001 - Statutory authority

Current through June 17, 2024
This Rule is promulgated pursuant to the authority granted by
Neb.Rev.Stat. §
44-101.01 and
§
44-1533.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 35 - UNFAIR DISCRIMINATION ON THE BASIS OF BLINDNESS OR PARTIAL BLINDNESS › Section 210-35-002 - Purpose

Current through June 17, 2024
The purpose of this Rule is to identify specific acts or
				  practices which are prohibited by
Neb.Rev.Stat.
§
									44-1525(7)(a)
				  and (b).
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 35 - UNFAIR DISCRIMINATION ON THE BASIS OF BLINDNESS OR PARTIAL BLINDNESS › Section 210-35-003 - Unfairly discriminatory acts or practices

Current through June 17, 2024
The following are hereby identified as acts or practices
				  which constitute unfair discrimination between individuals of the same class:
				  refusing to insure, or refusing to continue to insure, or limiting the amount,
				  extent or kind of coverage available to an individual or charging an individual
				  a different rate for the same coverage solely because of blindness or partial
				  blindness.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 36 - REGULATION TO IMPLEMENT THE MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT › Section 210-36-002

Current through June 17, 2024
The Model Regulation to Implement the NAIC Medicare
				  Supplement Insurance Minimum Standards Model Act" can be found on the Nebraska
				  Department of Insurance's website at:
https://doi.nebraska.gov/insurers/legal-issues
Additionally, the Model Regulation is available for
				  inspection at the offices of the Department of Insurance.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-001 - Authority

Current through June 17, 2024
This rule is issued pursuant to the authority granted by Neb.
				  Rev. Stat. §§
									44-101.01
				  and
				  44-3908 of
				  the Nebraska Insurance Laws.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-002 - Purpose

Current through June 17, 2024
This rule is issued for the purpose of implementing and
				  administering provisions of an act establishing requirements for continuing
				  education of insurance producers and consultants (hereinafter referred to as
				  the Act).
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-003 - Definitions

Current through June 17, 2024
For the purposes of this rule, the following definitions
				  shall apply unless the content otherwise requires.
003.01 Credit hours
Credit hours shall be the measure of the hours of continuing
				  education that the director assigns to an approved continuing education
				  activity.
003.02 Licensee
Licensee shall mean a natural person who is licensed by the
				  Department of Insurance as a resident insurance producer or resident
				  consultant.
003.03
				Department
Department shall mean the Department of
				  Insurance.
003.04 Director
Director shall mean the Director of
				  Insurance.
003.05 Two-year
				period
Two-year period shall mean the period commencing on the date
				  of licensing and ending on the date of expiration of the licensee's first
				  license effective for not less than two years and each succeeding 24 month
				  period.
003.06 Approved
				courses
Approved courses shall mean classes, seminars, or other forms
				  of instruction that are approved by the director as meeting the requirements of
				  this rule and the Act.
003.07 Due date
Due date shall mean the date of expiration of the licensee's
				  two-year license.
003.08
				Courses
Courses shall mean classes, seminars or other forms of
				  instruction that are filled with the department for certification as an
				  approved course.
003.09
				Continuing education sponsor
Continuing education sponsor shall mean any person, school,
				  insurer, industry association, or other organization desiring to file or having
				  filed a course with the department.
003.10 Certificate of completion
Certificate of completion shall mean a certification from the
				  course sponsor to the licensee upon a form approved by the department that the
				  licensee has completed the course.
003.11 A contracted provider
A contracted provider shall mean a separate individual,
				  school, insurer, or other organizational entity contracting with an approved
				  continuing education sponsor to administer or implement the approved continuing
				  education sponsor's course, program of study, or subject for continuing
				  education credit.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-004 - Applicability

Current through June 17, 2024
This rule shall only apply to resident persons licensed to
				  consult and/or engage in the sale, solicitation or negotiation of the following
				  classifications of insurance coverage:
004.01 Life Insurance;
004.02 Accident and Health or Sickness
				Insurance;
004.03 Property
				Insurance;
004.04 Casualty
				Insurance;
004.05 Personal Lines
				Property and Casualty Insurance;
004.06 Title Insurance;
004.07 Crop Insurance; and
004.08 Miscellaneous Insurance.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-005 - Exceptions

Current through June 17, 2024
This rule shall not apply to the following persons:
005.01 Licensees for whom an examination is
				not required under the laws of this state.
005.02 Licensees who sell or consult only in
				the areas of credit life insurance and credit accident and health
				insurance.
005.03 Licensees holding
				such limited or restricted licenses as the Director may exempt.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-006 - Education requirements

Current through June 17, 2024
006.01 Any course
				or program of instruction or seminar developed and/or sponsored by an
				authorized insurer, insurance education institute, recognized agents
				association, or insurance trade association or any independent program of
				instruction, shall, subject to the approval of the director, qualify for the
				equivalency of the number of credit hours assigned thereto by the
				director.
006.02 Any correspondence
				course approved by the director shall qualify for the equivalency of the number
				of credit hours assigned thereto by the director.
006.03 Any insurance-related course approved
				by the director taught by an accredited college or university shall qualify for
				the number of credit hours assigned thereto by the director.
006.04 A person teaching or lecturing at an
				approved course shall qualify for the same number of credit hours as would be
				granted to a person taking and successfully completing such course.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-007 - Classification of courses

Current through June 17, 2024
Approved courses will be assigned at least one of the
				  classifications as follows:
007.01
				Life;
007.02 Accident and Health or
				Sickness;
007.03
				Property;
007.04
				Casualty;
007.05 Personal Lines
				Property and Casualty;
007.06
				Crop;
007.07 Title;
007.08 General; and
007.09 Ethics.
A course may be assigned more than one
				  classification.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-009 - Procedure and standards for approval of continuing education sponsors

Current through June 17, 2024
009.01 Any
				individual, school, insurer, industry association, or other organization
				intending to provide a course, program of study, or subject for continuing
				education credit must submit an application on a form or in a format prescribed
				by the department, with a nonrefundable fee as set forth by NEB. REV. STAT.
				§
									44-3905(1)(b),
				to become an approved continuing education sponsor. The director may require
				any documents reasonably necessary to verify the accuracy of the information
				contained in an application. Before approving the application, the director
				shall find that the applicant:
009.01(A) Has
				demonstrated financial and organizational stability;
009.01(B) Has agreed to comply with the
				administrative and regulatory guidelines set forth by the department;
009.01(C) Has not committed any act set forth
				in Neb. Rev. Stat. §
										44-3905(1)(b)(i)
				through (xv); and
009.01(D) Has certified to the director that
				all continuing education instructors utilized by the continuing education
				sponsor:
009.01(D)(i) Have not had an
				insurance producer license, or other professional license, denied, suspended,
				placed on probation, or revoked in Nebraska or in any other state, province,
				district, or territory; and
009.01(D)(ii) Possesses one of the following
				qualifications:
009.01(D)(ii)(1) An associate
				degree or bachelors degree from an accredited school with a concentration in
				the subject matter being taught;
009.01(D)(ii)(2) Two years of recent
				experience and 60 hours of course work in the subject matter being
				taught;
009.01(D)(ii)(3) Special
				expertise, such as employment with a governmental entity, or a documented
				history of research or study in the subject matter being taught; or
009.01(D)(ii)(4) Education and experience
				that are found by the director to be equivalent.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-010 - Procedure and standards for reporting contracted provider agreements

Current through June 17, 2024
010.01 It is the
				responsibility of the continuing education sponsor to:
010.01(A) Give notice to the director that
				the continuing education sponsor has appointed a contracted provider to handle
				their approved course, program of study, or subject for continuing education
				credit, and provide the department with a description of the authority, duties,
				and responsibilities granted to the contracted provider; and
010.01(B) Give notice to the director of the
				primary contact person representing the contracted provider including fax and
				telephone number, email address and business address. The contracted provider's
				primary contact person shall be responsible for resolving any course
				discrepancy that may arise.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-011 - Maintenance of records

Current through June 17, 2024
011.01 The
				department will maintain records of the most recent four years of an insurance
				producer or consultant's completion of the requirements of the Act.
011.02 The department will maintain a list of
				the courses that currently are approved by the director.
011.03 A continuing education sponsor will
				maintain records of the most recent four years of the certificates of
				completion issued. Such records should identify the following:
011.03(A) Full name of the insurance producer
				or consultant;
011.03(B) License
				number or producer identification number of the insurance producer or
				consultant;
011.03(C) Course
				title;
011.03(D) Date of
				course;
011.03(E) Category of
				course;
011.03(F) Course
				identification number; and
011.03(G) Number of credits earned.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-012 - List of approved courses

Current through June 17, 2024
The director will provide upon request a list of all approved
				  courses currently available to the public. The list will include information on
				  the location where the approved course is to be held, the number of credit
				  hours assigned as recognition for satisfactory completion of the approved
				  course, and also the classification such as life, property and casualty, or
				  general.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-013 - Approved courses - loss of certification

Current through June 17, 2024
013.01 The
				certification of a course as an approved course may be suspended by the
				director if, after notice and hearing, the director determines that:
013.01(A) The program teaching method or
				program content has been changed without first providing notice to the director
				and obtaining recertification from the director;
013.01(B) A certificate of completion is or
				has been issued to any individual who did not complete the approved course in
				accordance with the standards furnished for certification;
013.01(C) Certificates of completion are not
				given to all individuals who have satisfactorily completed the approved course
				in accordance with the standards furnished for certification;
013.01(D) Records are not maintained of the
				certificates issued;
013.01(E)
				Improprieties have occurred in connection with the classification, application
				for certification, maintenance of records, teaching method, program content, or
				issuance of certificates for a particular course or program; or
013.01(F) There has been a failure to give
				prior notification of course dates, course locations or authorized signatures
				to the director. The notification must be provided at least two weeks prior to
				the date the course commences.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-014 - Independent study

Current through June 17, 2024
014.01 A licensee
				who studies independently and passes the examination for an approved course
				will receive credit for the number of hours assigned by the director for
				completion of the course.
014.02 A
				licensee who satisfactorily completes an approved correspondence course and
				provides proof of such satisfactory completion as specified by the department
				will receive credit for the number of hours assigned by the director for
				completion of the course.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-015 - Course repetition

Current through June 17, 2024
A licensee shall not repeat a continuing education activity
				  for credit within a two-year period as the term is defined in subsection 003.05
				  of this rule.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-016 - Advisory committee

Current through June 17, 2024
The director may create an advisory committee consisting of
				  representatives from the insurance industry in Nebraska. Each organization
				  desiring representation may submit the name of one member of their organization
				  to the director for his approval. Participation as a member of the advisory
				  committee will be voluntary without compensation from the department. The
				  purpose of the committee will be to comment and review matters concerning
				  continuing education that have been submitted to the committee by the director.
				  Such committee will convene upon the request of the director that he or she has
				  a matter for their consideration.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-017 - Compliance

Current through June 17, 2024
017.01 For good
				cause shown, the director may grant an extension of time during which the
				requirements imposed by the Act may be completed. Such extension shall not
				exceed one year. The extension will not alter the requirements or due date of
				the succeeding two-year periods.
017.02 Each licensee, shall on or prior to
				his/her due date, and only upon earning the total credit required for the
				two-year period, mail or deliver, to the department, the original certificates,
				of completion certifying that he/she has earned the required credit hours for
				the applicable two-year period. Such mailing or delivery will be made by
				placing the certificates of completion in an envelope which is to be addressed
				to the following:
Nebraska Department of Insurance
Terminal Building
941 O Street, Suite 400
Lincoln, NE 68508
After reviewing the licensee's current business address on
				  file with the department, the department shall notify the licensee whether the
				  certification is accepted or not accepted. Such notification shall be sent to
				  the licensee's current business address on file with the
				  department.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 38 - CONTINUING EDUCATION OF INSURANCE PRODUCERS AND CONSULTANTS › Section 210-38-018 - Penalty

Current through June 17, 2024
The director shall not renew a license or issue a new license
				  to any licensee who has failed to comply with the requirements set forth in
				  this rule and the Act unless such licensee has received an extension from the
				  director.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 39 - COORDINATION OF BENEFITS REGULATION › Section 210-39-001 - Authority

Current through June 17, 2024
This regulation is adopted and promulgated by the Director of
				  Insurance pursuant to Neb.Rev.Stat. §
									44-101.01,
				  §
									44-710.04(6),
				  44-710.09,
				  §
									44-3,159
				  and §
									44-1533.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 39 - COORDINATION OF BENEFITS REGULATION › Section 210-39-002 - Purpose

Current through June 17, 2024
The purpose of this regulation is to:
002.01 Establish a uniform order of benefit
				determination under which plans pay claims;
002.02 Reduce duplication of benefits by
				permitting a reduction of the benefits to be paid by plans that, pursuant to
				rules established by this regulation, do not have to pay their benefits first;
				and
002.03 Provide greater
				efficiency in the processing of claims when a person is covered under more than
				one plan.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 39 - COORDINATION OF BENEFITS REGULATION › Section 210-39-005 - Use of Model COB Contract Provision

Current through June 17, 2024
005.01 Appendix
				A contains a model COB provision for use in contracts. The use of this model
				COB provision is subject to the provisions of Subsections 005.02, 005.03,
				005.04,
				005.04(A),
				005.04(B),
				005.04(C) and to
				the provisions of Section 006 of this regulation.
005.02 Appendix B is a plain language
				description of the COB process that explains to the covered person how health
				plans will implement coordination of benefits. It is not intended to replace or
				change the provisions that are set forth in the contract. Its purpose is to
				explain the process by which the two (2) or more plans will pay for or provide
				benefits.
005.03 The COB provision
				and the plain language explanation used by a Plan do not have to use the
				specific words and format shown in Appendix A or Appendix B. Changes may be
				made to fit the language and style of the rest of the contract or to reflect
				differences among plans that provide services, that pay benefits for expenses
				incurred and that indemnify. No substantive changes are permitted.
005.04 A COB provision may not be used that
				permits a plan to reduce its benefits on the basis that:
005.04(A) Another plan exists and the covered
				person did not enroll in that plan;
005.04(B) A person is or could have been
				covered under another plan, except with respect to Part B of Medicare;
				or
005.04(C) A person has elected
				an option under another plan providing a lower level of benefits than another
				option that could have been elected.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 39 - COORDINATION OF BENEFITS REGULATION › Section 210-39-007 - Procedure to be Followed by Secondary Plan to Calculate Benefits and Pay a Claim

Current through June 17, 2024
In determining the amount to be paid by the secondary plan on
				  a claim, should the plan wish to coordinate benefits, the secondary plan shall
				  calculate the benefits it would have paid on the claim in the absence of other
				  health care coverage and apply that calculated amount to any allowable expense
				  under its plan that is unpaid by the primary plan. The secondary plan may
				  reduce its payment by the amount so that, when combined with the amount paid by
				  the primary plan, the total benefits paid or provided by all plans for the
				  claim do not exceed 100 percent of the total allowable expense for that claim.
				  In addition, the secondary plan shall credit to its plan deductible any amounts
				  it would have credited to its deductible in the absence of other health care
				  coverage. Also, where the primary plan is medical payments coverage under a
				  motor vehicle policy, the secondary plan shall credit payments from the motor
				  vehicle insurance policy to deductibles, copayments and coinsurance after
				  discounts under the health plan.