reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 6 - QUALITY › Section 482-6-003 - SYSTEMS FOR ASSESSMENT

Current through June 17, 2024
The Department has implemented systems for the ongoing assessment of
	 the quality and appropriateness of care and services furnished to all Medicaid
	 enrollees under the health plan contracts. These systems enable the
	 Department's monitoring of data related to the access of Medicaid clients to
	 comprehensive, cost-effective health services, including evidence-based care
	 options that emphasize early intervention and community-based treatment and
	 reduced rates of costly and avoidable emergency and inpatient hospital levels
	 of care. Through the implementation of these assessment systems, the Department
	 can monitor trends, demonstrate success and identify challenges in achieving
	 the objectives of the Heritage Health program.
003.01
ASSESMENT.
The Department assesses the quality and appropriateness of care through
  multiple processes that comprise a comprehensive system of oversight:
(A) Quarterly reporting of provider
  accessibility analyses, timely access standards monitoring, grievances and
  appeals process compliance, utilization management monitoring, results of
  service verification monitoring, out of network referrals monitoring and case
  management results.
(B) Annual
  reporting of Medicaid selected performance measure results and trends related
  to quality of care, service utilization and member and provider
  satisfaction.
(C) Annual reporting
  of performance improvement projects data and results.
(D) Annual, external independent reviews of
  the quality outcomes, timeliness of and access to, the services covered by the
  plan through its external quality review organization.
(E) Annual state-staff-conducted onsite
  operational reviews that include validation of reports and data previously
  submitted by the plan and in-depth review of areas that have been identified as
  potentially problematic.
(F)
  Medicaid requires the plan to attend annual Quality Management Committee
  meetings, during which data and information designed to analyze the objectives
  of the Quality Strategy are reviewed. The Quality Management Committee
  recommends actions to improve quality of care, access, utilization, and client
  satisfaction, and to review the results of the performance improvement projects
  and recommend future performance improvement projects topics. The Quality
  Management Committee also reviews the state's overall Quality Strategy and
  makes recommendations for improvement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 6 - QUALITY › Section 482-6-004 - IMPROVEMENT

Current through June 17, 2024
Based on the results of assessment and monitoring of quality and
	 appropriateness of care and contract compliance, the Department will target
	 improvement efforts.
004.01.
INTERVENTIONS FOR IMPROVEMENT.
The Department will
  utilize, but is not limited to the following interventions to improve the
  quality and appropriateness of care:
(A)
  Quality Committee: The Department has established a Quality
  Committee;
(B) Performance
  Improvement Projects: The health plans are required to conduct at least two
  clinical and one non-clinical projects annually. For each project, the
  Department with the Quality Management Committee will choose the topic, develop
  the study methodology and determine interventions to reach improvement goals.
  Each plan will conduct the same project, at least one will be a joint project
  with another plan (See 482-000-11);
(C) Quality Performance Dashboard: In an
  effort to monitor a health plans performance on quality measures, a quality
  performance dashboard was developed. The dashboard approach provides a
  framework for benchmarking performance and assists health plans to prioritize
  quality improvement planning. The dashboard gives a multi-dimensional view of a
  health plans performance by comparing quality measures to national standard
  measures, if appropriate, to baseline measures for the program, and over two
  years. The dashboard results will display on the Department's website;
  and
(D) Health plans sanctions-See
  482 NAC 6-003.04(A).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 6 - QUALITY › Section 482-6-005 - QUALITY MANAGEMENT COMMITTEE

Current through June 17, 2024
The Department has established a Quality Committee for Managed Care
	 consisting of Department staff, Medicaid staff, Public Health staff, the health
	 plans, providers, and other stakeholders.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 6 - QUALITY › Section 482-6-006 - ACCREDITATION

Current through June 17, 2024
The Heritage Health plans must have National Committee for Quality
	 Assurance Accreditation or another national accreditation for the Medicaid
	 Managed Care plan. The dental plan must have National Committee for Quality
	 Assurance Accreditation or URAC accreditation. The health plans must submit a
	 copy of the accrediting body's letter indicating the most recent accreditation
	 status at the time of initial contracting. The plans must submit any changes or
	 updates to the Department within thirty (30) days of receipt.
006.01
SURVEY
  RESULTS.
Upon survey by the accrediting body, the health plan must
  submit a copy of the survey results to the department within thirty (30) days
  of receipt. The health plan must submit a copy of any work plan that addresses
  improvements needed or follow-up necessary because of the survey. The plan must
  submit any changes or updates to the survey results or work plan to the
  Department within 30 days of receipt.
006.02
NON-ACCREDITATION.
In the event that a health plan is
  not accredited at the time of contracting, the health plan is required to
  submit to the Department, for approval, a plan to be fully accredited within
  the five year contracting period. The health plan must submit a work plan
  including the timeline to accomplish plan accreditation to the Department. The
  health plan must provide a status update to Departmental staff at the time of
  the annual on-site operational review.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 7 - RIGHTS AND RESPONSIBILITIES › Section 482-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This chapter sets forth responsibilities of the health plans, Dental
	 Benefits Manager, and providers of services to ensure the member is fully
	 informed, in writing and verbally, of their rights and responsibilities as well
	 as avenues for pursuing complaints and grievances. Similarly, providers
	 participating in the health plan networks are entitled to the same processes as
	 any Medicaid-enrolled provider according to Title 471 Nebraska Administrative
	 Code (NAC).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 7 - RIGHTS AND RESPONSIBILITIES › Section 482-7-002 - RIGHTS AND RESPONSIBILITIES

Current through June 17, 2024
The following rights and responsibilities apply to a member
	 participating in Heritage Health. The health plans haves the requirement to
	 inform the member, in writing and verbally, regarding their rights and
	 responsibilities. No person may be subjected to discrimination in any
	 Departmental program or activity based on their race, color, sex, age, national
	 origin, religious creed, political beliefs, or disability.
002.01
MEMBER
  RIGHTS.
The member has the right to:
(A) Be treated with respect, dignity, and
  without discrimination or retaliation;
(B) Be given information about their illness,
  or medical condition; understand the treatment options, risks and benefits; and
  make an informed decision about whether they will receive treatment;
(C) Participate in decisions about their
  healthcare including the right to refuse treatment;
(D) Talk with their doctor and health plan
  and know their medical information will be kept confidential;
(E) Choose their health plan and primary care
  physician provider;
(F) Have access
  to their health plan and primary care provider;
(G) Receive medical care in a timely
  manner;
(H) Request a copy of their
  medical record and request changes to their medical record;
(I) Make a complaint about the provider or
  health plan, and receive a timely response;
(J) Receive information on the medical
  services provided by their health plan;
(K) Change their primary care provider at any
  time;
(L) Change their health plan
  within 90 days of initial enrollment or every 12 months without cause
  thereafter;
(M) Have Heritage
  Health and health plan materials explained or interpreted;
(N) Have interpreters at no cost, if
  necessary, during medical appointments and in all discussions with their
  primary care provider or health plan;
(O) Request an appeal if services are denied,
  terminated, or reduced;
(P) Make
  advance directives, if desired, and receive assistance if needed; and
(Q) Receive proper medical care twenty-four
  (24) hours a day, seven (7) days a week.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 7 - RIGHTS AND RESPONSIBILITIES › Section 482-7-003 - GRIEVANCE PROCESS

Current through June 17, 2024
The health plan or dental benefits manager must inform the member, in
	 writing, of the grievance process for issuing a complaint involving access to
	 care, quality of care, or communication issues with the plan or primary care
	 provider. The member, or legal representative, must file the grievance with the
	 health plan or dental benefits manager, according to the same plans' internal
	 grievance procedure, pursuant to 1931(b)(4) of the Social Security Act.
(A) A member may file a grievance either
  orally or in writing;
(B) A
  provider may file a grievance when acting as the client's authorized
  representative;
(C) The health plan
  must resolve each grievance and provide notice, as expeditiously as the
  member's health condition requires, not to exceed 90 days from the day the plan
  receives the grievance;
(D) The
  plan must provide notice of the grievance resolution in writing in a language
  and format which is easily understood by the member. The plan must make
  reasonable effort to notify the member orally of the grievance resolution;
  and
(E) All contacts with the
  health plan regarding grievances must be documented and submitted to the
  Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 7 - RIGHTS AND RESPONSIBILITIES › Section 482-7-004 - APPEALS PROCESS

Current through June 17, 2024
The Heritage Health plan or Dental Benefits Manager must notify the
	 member in writing of the appeals process for challenging any adverse benefit
	 determinations. The member, or the provider on behalf of the member, may
	 request an appeal with the Heritage Health plan or Dental Benefits Manager,
	 request a State fair hearing, or both.
004.01.
AVENUES FOR REQUESTING AN
  APPEAL.
The member, or the provider with the member's written
  consent on behalf of the member, has the following avenues for requesting an
  appeal:
(A) File a Heritage Health plan or
  Dental Benefits Manager Level Appeal: The member may contact verbally or in
  writing the Heritage Health plan or Dental Benefits Manager to request a
  hearing and following that Heritage Health plan's or Dental Benefits Manager's
  internal appeal process. The request for appeal must be within sixty (60) days
  from the date on the notice of adverse benefit determination. An appeal filed
  orally must be followed by a written, signed appeal; or
(B) Request a State Fair Hearing: A member
  may request a State fair hearing only after the member has exhausted the
  Heritage Health plans or Dental Benefits Manager's internal appeal process. The
  member must submit in writing to the DHHS Legal and Regulatory Services within
  one hundred twenty (120) days from the date of the Heritage Health plan's or
  Dental Benefits Manager's notice of resolution. Hearings are scheduled and
  conducted according to the procedures outlined in 465 NAC.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 482 - NEBRASKA MEDICAID MANAGED CARE › Chapter 7 - RIGHTS AND RESPONSIBILITIES › Section 482-7-005 - CULTURAL SENSITIVITY AND DIVERSITY

Current through June 17, 2024
The Department is a culturally diverse environment that exercises zero
	 tolerance of any acts of discrimination, racism, or prejudice. Understanding,
	 valuing, and promoting cultural sensitivity and diversity is part of the
	 ongoing philosophy of the Department and any of its programs. Heritage Health
	 and the Dental Benefits Manager is required to promote this philosophy with the
	 member, providers, and within the workplace.
005.01
USE OF MEMBER
  INFORMATION.
The Heritage Health plan and Dental Benefits Manager
  will receive information on the member's race, ethnicity, and primary language
  from the eligibility file transmitted to the plans by the Department or the
  enrollment broker. The Heritage Health plans and Dental Benefits Manager is
  expected to use this information to promote the delivery of services in a
  culturally competent manner to all members, including those with limited
  English proficiency and diverse cultural and ethnic backgrounds.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 6 - DEPOSIT OF SECURITIES; DEFINITIONS; AUTHORIZED DEPOSITORIES; MANNER OF DEPOSITING AND WITHDRAWING SECURITIES; INSURANCE › Section 210-6-001 - Statutory authority

Current through June 17, 2024
This rule is promulgated under the authority of 44-319.11.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 6 - DEPOSIT OF SECURITIES; DEFINITIONS; AUTHORIZED DEPOSITORIES; MANNER OF DEPOSITING AND WITHDRAWING SECURITIES; INSURANCE › Section 210-6-002 - Definitions

Current through June 17, 2024
Unless the context clearly indicates otherwise:
002.01 "Deposit" shall mean the delivery of securities by an insured to the director or the delivery of securities to any authorized depository, either by physical delivery of such securities or by the transfer of title to such securities by bookkeeping entry pursuant to Neb.Rev.Stat. §
									8-1302.
002.02 "Custody Receipt" shall mean a receipt issued by an authorized depository to evidence and describe securities deposited with it.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 6 - DEPOSIT OF SECURITIES; DEFINITIONS; AUTHORIZED DEPOSITORIES; MANNER OF DEPOSITING AND WITHDRAWING SECURITIES; INSURANCE › Section 210-6-003 - Depositories

Current through June 17, 2024
The director shall maintain a list of designated authorized depositories. All securities must be deposited directly with an authorized depository. No securities may be delivered to the director.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 6 - DEPOSIT OF SECURITIES; DEFINITIONS; AUTHORIZED DEPOSITORIES; MANNER OF DEPOSITING AND WITHDRAWING SECURITIES; INSURANCE › Section 210-6-004 - Registered securities

Current through June 17, 2024
004.01 All registered securities must be registered as follows:
"Director of Insurance, Trustee for the benefit of all policyholders of the United States of (Insurer) (City), (State) under Nebraska law."
004.02 If an insurer deposits securities with the Department or authorized depository under the requirements of any other state, or other government, such securities may be deposited in the manner set by the other state, or government. An insurer may deposit securities exceeding the minimum amount set under Nebraska law if it satisfies the requirement of making a deposit under the laws of another state or government.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 6 - DEPOSIT OF SECURITIES; DEFINITIONS; AUTHORIZED DEPOSITORIES; MANNER OF DEPOSITING AND WITHDRAWING SECURITIES; INSURANCE › Section 210-6-005 - Withdrawal - procedure - generally

Current through June 17, 2024
Securities deposited with either the Department or an authorized depository shall be released only upon surrender of the department receipt. In the event such receipt is lost or destroyed, an officer of the insurer must file an affidavit stating the reasons for failure to surrender said receipt, and indicating the securities to be released. In the event the insurer desires to withdraw only a portion of the securities described on a department receipt, the Department upon surrender of said receipt or upon filing of the affidavit aforementioned, shall issue its receipt for the securities remaining on deposit as described in the Department's copy of the applicable receipt. Except as hereinafter provided, no securities shall be released if the aggregate value of all securities on deposit will fall below the amount required by law, until an equivalent amount is first deposited with the Department or an authorized depository. In the event of maturity or other good cause being shown, the Department may release securities on deposit, even though the aggregate value will fall below the amount required by law upon the condition that the securities released will be sold, and the proceeds reinvested in securities to be immediately deposited with the Department or an authorized depository.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 6 - DEPOSIT OF SECURITIES; DEFINITIONS; AUTHORIZED DEPOSITORIES; MANNER OF DEPOSITING AND WITHDRAWING SECURITIES; INSURANCE › Section 210-6-006 - Retaliation

Current through June 17, 2024
If the laws of another jurisdiction or other government require a domestic insurer to deposit securities in the state or other jurisdiction, all similar insurers domiciled in that state or jurisdiction shall deposit securities with the authorized depositories as described in section 003.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-001 - Statutory authority

Current through June 17, 2024
Under the authority of
Neb.Rev.Stat. §§
										44-3,115
				  through
				  44-3,118,
the Department of Insurance hereby adopts the following rule:
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-002 - Application of regulation

Current through June 17, 2024
This regulation is applicable to all domestic stock insurers
				  having one hundred or more shareholders; provided, however, that this
				  regulation shall not apply to any insurer if ninety-five per cent or more of
				  its stock is owned or controlled by a parent or an affiliated insurer and the
				  remaining shares are held by less than five hundred shareholders. A domestic
				  stock insurer which files with the Securities and Exchange Commission forms of
				  proxies, consents, and authorizations complying with the requirements of the
				  Securities Exchange Act of
1934
and the Securities
				  Exchange Acts Amendments of
1964
and Regulation 14 of
				  the Securities and Exchange Commission promulgated thereunder shall be exempt
				  from the provisions of this regulation.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-003 - Proxies, consents and authorizations

Current through June 17, 2024
No domestic stock insurer, or any director, officer or
				  employee of such insurer subject to section two
002
hereof, or any other person, shall solicit, or permit the use of his name to
				  solicit, by mail or otherwise, any proxy, consent or authorization in respect
				  of any stock of such insurer in contravention of this regulation and Schedules
				  A and B hereto annexed and hereby made a part of this
				  regulation.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-004 - Disclosure of equivalent information

Current through June 17, 2024
Unless proxies, consents or authorizations in respect of a
				  stock of a domestic insurer subject to section two
002
hereof are solicited by or on behalf of the management of such insurer from the
				  holders of records of stock of such insurer in accordance with this regulation
				  and the Schedules thereunder prior to any annual or other meeting, such insurer
				  shall, in accordance with this regulation and/or such further regulations as
				  the Director may adopt, file with the Director and transmit to all shareholders
				  of record information substantially equivalent to the information which would
				  be required to be transmitted if a solicitation were made prior to any annual
				  or other meetings.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-005 - Definitions

Current through June 17, 2024
005.01 The
				definitions and instructions set out in Schedule SIS, as promulgated by the
				National Association of Insurance Commissioners, shall be applicable for
				purposes of this regulation.
005.02
				The terms "solicit" and "solicitation" for purposes of this regulation shall
				include:
005.02A Any request for a proxy,
				whether or not accompanied by or included in a form of proxy; or
005.02B Any request to execute or not to
				execute, or to revoke, a proxy; or
005.02C The furnishing of a proxy or other
				communication to shareholders under circumstances reasonably calculated to
				result in the procurement, withholding or revocation of a proxy.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-006 - Information to be furnished to shareholders

Current through June 17, 2024
006.01 No
				solicitation subject to this regulation shall be made unless each person
				solicited is concurrently furnished or has previously been furnished with a
				written proxy statement containing the information specified in Schedule
				A.
006.02 If the solicitation is
				made on behalf of the management of the insurer and relates to an annual
				meeting of shareholders at which directors are to be elected, each proxy
				statement furnished pursuant to subsection 006.01 hereof shall be accompanied
				or preceded by an annual report (in preliminary or final form) to such
				shareholders containing such financial statements for the last fiscal year as
				are referred to in Schedule SIS under the heading "Financial Reporting to
				Shareholders. "Subject to die foregoing requirements with respect to financial
				statements, the annual report to shareholders may be in any form deemed
				suitable by the management.
006.03
				Two copies of each report sent to the shareholders pursuant to this section
				shall be mailed to the Director, not later than the date on which such report
				is first sent or given to shareholders or the date on which preliminary copies
				of solicitation material are filed with the Director pursuant to subsection
				008.01 of section 008, whichever date is later.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-007 - Requirements as to proxy

Current through June 17, 2024
007.01 The form of
				proxy (a) shall indicate in distinctive type whether or not the proxy is
				solicited on behalf of the management, (b) shall provide a specifically
				designated blank space for dating the proxy and (c) shall identify clearly and
				impartially each matter or group of related matters intended to be acted upon,
				whether proposed by the management, or shareholders. No reference need be made
				to proposals as to which discretionary authority is conferred pursuant to
				subsection 007.03 hereof.
007.02
				Means shall be provided in the proxy for the person solicited to specify by
				ballot a choice between approval or disapproval of each matter or group of
				related matters referred to therein, other than elections to office. A proxy
				may confer discretionary authority with respect to matters as to which a choice
				is not so specified if the form of proxy states in distinctive type how it is
				intended to vote the shares or authorization represented by the proxy in each
				such case.
007.03 A proxy may
				confer discretionary authority with respect to other matters which may come
				before the meeting, provided the persons on whose behalf the solicitation is
				made are not aware a reasonable time prior to the time the solicitation is made
				that any other matters are to be presented for action at the meeting and
				provided further that a specific statement to that effect is made in the proxy
				statement or in the form of proxy. A proxy may also confer discretionaiy
				authority with respect to any proposal omitted from the proxy statement and
				form of proxy pursuant to subsections 009.03 of section 009,
007.04 No proxy shall confer authority (a) to
				vote for the election of any person to any office for which a bona fide nominee
				is not named in the proxy statement, or (b) to vote at any annual meeting other
				than the next annual meeting (or any adjournment thereof) to be held after the
				date on which the proxy statement and form of proxy are first sent or given to
				shareholders.
007.05 The proxy
				statement or form of proxy shall provide, subject to reasonable specified
				conditions, that the proxy will be voted and that where the person solicited
				specified by means of ballot provided pursuant to subsection 007.02 thereof a
				choice with respect to any matter to be acted upon, the vote will be in
				accordance with the specifications so made.
007.06 The information included in the proxy
				statement shall be clearly presented and the statements made shall be divided
				into groups according to subject matter, with appropriate headings. All printed
				proxy statements shall be clearly and legibly presented.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-008 - Material required to be filed

Current through June 17, 2024
008.01 Two
				preliminary copies of the proxy statement and form of proxy and any other
				soliciting material to be furnished to shareholders subsequent therewith shall
				be filed with the Director at least ten days prior to the date definitive
				copies of such material are first sent or given to shareholders, or such
				shorter period prior to that date as the Director may authorize upon a showing
				of good cause therefor.
008.02 Two
				preliminary copies of any additional soliciting material relating to the same
				meeting or subject matter to be furnished to shareholders subsequent to the
				proxy statements shall be filed with the Director at least two days (exclusive
				of Saturdays, Sundays or Holidays) prior to the date copies of this material
				are first sent or given to shareholders or a shorter period prior to such date
				as the Director may authorize upon a showing of good cause therefor.
008.03 Two definitive copies of the proxy
				statement, form of proxy and all other soliciting material, in the form in
				which this material is furnished to shareholders, shall be filed with, or
				mailed for filing to, the Director not later than the date such material is
				first sent or given to the shareholders.
008.04 Where any proxy statement, form of
				proxy or other material filed pursuant to these rules is amended or revised,
				two of the copies shall be marked to clearly show such changes.
008.05 Copies of replies to inquiries from
				shareholders requesting further information and copies of communications which
				do no more than request that forms of proxy theretofore solicited be signed and
				returned need not be filed pursuant to this section.
008.06 Notwithstanding the provisions of
				subsections 008.01 and 008.02 hereof and of subsection 012.05 of section 012,
				copies of soliciting material in the form of speeches, press releases and radio
				or television scripts may, but need not, be filed with the Director prior to
				use or publication. Definitive copies, however, shall be filed with or mailed
				for filing to the Director as required by subsection 008.03 hereof not later
				than the date such material is used or published. The provisions of subsections
				008.01 and 008.02 hereof and subsection 012.05 of section 012 shall apply,
				however, to any reprints or reproductions of all or any part of such
				material.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-010 - False or misleading statements

Current through June 17, 2024
No solicitation subject to this regulation shall be made by
				  means of any proxy statement, form of proxy, notice of meeting, or other
				  communication, written or oral, containing any statement which at the time and
				  in the light of the circumstances under which it is made, is false or
				  misleading with respect to any material fact, or which omits to state any
				  material fact necessary in order to make the statements therein not false or
				  misleading or necessary to correct any statement in any earlier communication
				  with respect to the solicitation of a proxy for the same meeting or subject
				  matter which has become false or misleading.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-011 - Prohibition of certain solicitations

Current through June 17, 2024
No persons making a solicitation which is subject to this
				  regulation shall solicit any undated or postdated proxy or any proxy which
				  provides that it shall be deemed to be dated as of any date subsequent to the
				  date on which it is signed by the shareholder.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Section 210-9-012 - Special provisions applicable to election contests

Current through June 17, 2024
012.01
				Applicability
This section shall apply to any solicitation subject to this
				  regulation by any person or group for the purpose of opposing a solicitation
				  subject to this regulation by any other person or group with respect to the
				  election or removal of directors at any annual or special meeting of the
				  shareholders.
012.02
				Participant or Participant in a Solicitation.
012.02A For purposes of this section the
				terms "participant" and "participant in a solicitation" include
(i) the insurer;
(ii) any director of the insurer, and any
				nominee for whose election as a director proxies are solicited;
(iii) any other person, acting alone or with
				one or more other persons, committees or groups, in organizing, directing or
				financing the solicitation.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Schedule A - INFORMATION REQUIRED IN PROXY STATEMENT

Current through June 17, 2024
Item 1.
				Revocability of Proxy,
State whether or not the person giving the proxy has the
				  power to revoke it. If the right of revocation before the proxy is exercised is
				  limited or is subject to compliance with any formal procedure, briefly describe
				  such limitation or procedure,
Item
				2. Dissenters' Rights of Appraisal.
Outline briefly the rights of appraisal or similar rights of
				  dissenting shareholders with respect to any matter to be acted upon and
				  indicate any statutory procedure required to be followed by such shareholders
				  in order to perfect their rights. Where such rights may be exercised only
				  within a limited time after the date of the adoption of a proposal, the filing
				  of a charter amendment, or other similar act, state whether the person
				  solicited will be notified of such date.
Item 3. Persons Making Solicitations Not
				Subject to Section II.
(1) If the
				solicitation is made by the management of the insurer, so state. Give the name
				of any director of the insurer who has informed the management in writing that
				he intends to oppose any action intended to be taken by the management and
				indicate the action which he intends to oppose.
(2) If the solicitation is made otherwise
				than by the management of the insurer, state the names and addresses of the
				persons by whom and on whose behalf it is made and the names and addresses of
				the persons by whom the cost of solicitation has been or will be borne,
				directly or indirectly.
(3) If the
				solicitation is to be made by specially engaged employees or paid solicitors,
				state (i) the material features of any contract or arrangement for such
				solicitation and identify the parties, and (ii) the cost or anticipated cost
				thereof.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 9 - PROXIES, CONSENTS AND AUTHORIZATION OF DOMESTIC STOCK INSURERS › Schedule B - INFORMATION TO BE INCLUDED IN STATEMENTS FILED BY OR ON BEHALF OF A PARTICIPANT (OTHER THAN THE INSURER) IN A PROXY SOLICITATION IN AN ELECTION CONTEST

Current through June 17, 2024
Item 1. Insurer. State the name and address
				of the insurer.
Item 2. Identity
				and Background.
(a) State the following:
(1) Your name and business address.
(2) Your present principal occupation or
				employment and the name, principal business and address of any corporation or
				other organization in which such employment is carried on.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-001 - Statutory authority

Current through June 17, 2024
Pursuant to the authority granted in
Neb. Rev.
				  Stat.
§§
									44-101.01
				  and
				  44-386.08,
				  the Department of Insurance hereby adopts the following Rule:
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-002 - Statement of policy

Current through June 17, 2024
The purpose of this Rule is to implement the intent of the
				  Legislature as set out in
Neb. Rev. Stat.
§
									44-101,
				  with respect to the officers, directors and members of unincorporated mutual
				  associations.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-003 - Limitation of membership

Current through June 17, 2024
No association may have a membership of more than 2,500
				  members. Any association which presently has a membership of more than 2,500
				  members shall not accept any new members until the membership total is below
				  2,500.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-004 - Equal treatment of members

Current through June 17, 2024
No person shall be a member of any association unless he pays
				  the same membership fee and assessments that are charged all other members. All
				  officers and directors must be residents of the State of
				  Nebraska.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-005 - Prohibited expense payments

Current through June 17, 2024
No personal expenses shall be paid to any officer, director
				  or member. Rent may not be paid on office space unless the rent is approved at
				  a regular or special meeting by the members.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-007 - Dissolution

Current through June 17, 2024
In the event any association desires to dissolve or merge,
				  written approval must be obtained from the Department of Insurance. Application
				  must be made and approved before any disbursement of any funds under this
				  section is made.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-008 - Distribution of funds to members

Current through June 17, 2024
If, at the end of any calendar year, a surplus exists in the
				  allowable fund, distribution shall be equitably divided among the members in
				  good standing that date. Application must be made to the Department of
				  Insurance on or before March 15 of the year following said end of calendar year
				  and distribution approved.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-009 - Change of principal office

Current through June 17, 2024
Approval must be obtained in writing from the Department of
				  Insurance before the principal office of any association can be changed. The
				  request may be by letter from the President or Secretary and the reasons for
				  the request stated.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-010 - Proxies; addresses; notice

Current through June 17, 2024
No payment shall be made for any proxy from the funds of the
				  association. Notice of any meeting and the names and addresses of the officers
				  and directors elected at any meeting shall be sent to the Department of
				  Insurance. Such notice and names and addresses shall not constitute a
				  filing.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 10 - UNINCORPORATED MUTUAL ASSOCIATIONS › Section 210-10-011 - Books and records; examination

Current through June 17, 2024
The books and records of every association shall be kept
				  up-to-date and in order. The annual statement must be completed in its
				  entirety. Whenever it is deemed necessary by the Director of Insurance to
				  conduct an examination or inspection of the books and records of any
				  association, officer, director or employee, the association shall pay the
				  actual expenses, mileage and salary of the examiner.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-001 - Statutory authority

Current through June 17, 2024
This regulation is issued by the Director of Insurance
				  pursuant to Section
				  44-101:01
				  R.S. 1943. This rule is intended to set the minimum standards for rules
				  governing advertisements of accident and sickness insurance and shall apply to
				  44-1522 et seq. R.S. 1943.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-002 - Purpose

Current through June 17, 2024
The purpose of these rules is to assure truthful and adequate
				  disclosure of all material and relevant information in the advertising of
				  accident and sickness insurance. This purpose is intended to be accomplished by
				  the establishment of, and adherence to, certain minimum standards and
				  guidelines of conduct in the advertising of accident and sickness insurance in
				  a manner which prevents unfair competition among insurers and is conductive to
				  the accurate presentation and description to the insurance buying public of a
				  policy of such insurance offered through various advertising
				  media.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-003 - Applicability

Current through June 17, 2024
003.01 These rules
				shall apply to any accident and sickness insurance "advertisement", as that
				term is hereinafter defined in Sections 004.01, 004.07, 004.08 and 004.09,
				unless otherwise specified in these rules, intended for presentation,
				distribution or dissemination in this State when such presentation,
				distribution or dissemination is made either directly or indirectly by or on
				behalf of an insurer, agent, broker or solicitor as those terms are defined in
				the Insurance Code of this State and these rules.
003.02 Every insurer shall establish and at
				all times maintain a system of control over the content, form and method of
				dissemination of all advertisements of its policies. All such advertisements,
				regardless of by whom written, created, designed or presented, shall be the
				responsibility of the insurer whose policies are so advertised.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-004 - Definitions

Current through June 17, 2024
004.01 An
				advertisement for the purpose of these rules shall include:
004.01A printed and published material,
				audio-visual material, and descriptive literature of an insurer used in direct
				mail, newspapers, magazines, radio scripts, TV scripts, billboards, and similar
				displays; and
004.01B descriptive
				literature and sales aids of all kinds issued by an insurer, agent or broker
				for presentation to members of the insurance buying public, including but not
				limited to circulars, leaflets, booklets, depictions, illustrations, and
				solicitation form letters; and
004.01C prepared sales talks, presentations
				and material for use by agents, brokers and solicitors.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-005 - Method of disclosure of required information

Current through June 17, 2024
All information required to be disclosed by these rules shall
				  be set out conspicuously and in close conjunction with the statements to which
				  such information relates or under appropriate captions of such prominence that
				  it shall not be minimized, rendered obscure or presented in an ambiguous
				  fashion or intermingled with the context of the advertisement so as to be
				  confusing or misleading.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-006 - Form and Content of Advertisements

Current through June 17, 2024
006.01 The format
				and content of an advertisement of an accident or sickness insurance policy
				shall be sufficiently complete and clear to avoid deception or the capacity or
				tendency to mislead or deceive whether an advertisement has a capacity or
				tendency to mislead or deceive shall be determined by the Director of Insurance
				from the overall impression that the advertisement may be reasonably expected
				to create upon a person of average education or intelligence, within the
				segment of the public to which it is directed.
006.02 Advertisements shall be truthful and
				not misleading in fact or in implication. Words or phrases, the meaning of
				which is clear only by implication or by familiarity with insurance
				terminology, shall not be used.
Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 14 - ADVERTISEMENTS OF ACCIDENT AND SICKNESS INSURANCE › Section 210-14-008 - Necessity for Disclosing Policy Provisions Relating to Renewability, Cancellability, and Termination

Current through June 17, 2024
When an advertisement which is an invitation to contract
				  refers to either a dollar amount or a period of time for which any benefit is
				  payable, or the cost of the policy, or specific policy benefit, or the loss for
				  which such benefit is payable, it shall disclose the provisions relating to
				  renewability, cancellability and termination and any modification of benefits,
				  losses covered or premiums because of age or for other reasons, in a manner
				  which shall not minimize or render obscure the qualifying
				  conditions.