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As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.
Legislature Status: Suspended until further notice.
- April 14, 2020 – The Governor issued a statement thanking the President for approving Nebraska’s request for federal funding of the National Guard.
Legislation
- LB 1008 Appropriates $10 million from the general fund to the Department of Health and Human Services for public health emergency response and appropriates an additional $10 million from the general fund to the Governor’s Emergency Program for state aid for the response and recovery of COVID-19. Enacted.
- LB 1198 Provides emergency funding to help the state during this public health emergency. Enacted.
COVID-19 Related Policies
LB 963 – Change provisions relating to workers’ compensation for injuries to first responders and frontline state employees
Summary:
Summary for 08/11/2020 Version
This measure will be applicable to first responders and mental health services. The measure recognizes that first responders experience mental health and emotional distress regularly and acknowledges the need for treatment without stigma. This measure asserts that the term “personal injury” includes mental injuries and mental illness unaccompanied by physical injury for an employee who is a first responder. Until January 1, 2028, a first responder may establish prima facie evidence of a personal injury that is a mental injury or mental illness if the first responder:
(i) Presents evidence that they underwent a mental health examination prior to beginning the job, and the examination did not reveal the mental injury or illness for which the first responder seeks compensation;
(ii) Presents testimony from a mental health professional stating that they suffer from a mental injury or illness; and
(iii) Prior to the employment conditions which caused the mental injury or illness, the individual had participated in resilience training and updated the training at least annually thereafter.
This measure states that the Department of Health and Human Services will reimburse a first responder for any cost of annual resilience training not reimbursed by the employer, pursuant to the Critical Incident Stress Management Program rates. To receive reimbursement, a first responder must submit an application to the department. The department will maintain an updated list of first responders Critical Incident Stress Management Program rates. To receive reimbursement, a first responder must submit an application to the department. The department will maintain an updated list of first responders who have completed annual resilience training.
This measure also requires that the Critical Incident Stress Management Program develop guidelines for resilience training, set reimbursement rates for such training, and set an annual limit on the hours or quantity of resilience training for which reimbursement is required.
This measure clarifies that upon the death of an employee the reasonable expenses of burial will be paid to his or her dependents. Beginning on 2023, the Nebraska Workers’ Compensation Court will annually adjust the dollar limitation in this measure. The adjusted limitation will be equal to the then current limitation adjusted by the greater of one percent or the percentage change, for the preceding year, in the Consumer Price Index for All Urban Consumers, as prepared by the United States Department of Labor, Bureau of Labor Statistics. Any adjustment will be effective on July 1.
This measure will become effective on July 1, 2021.
Most Recent Update: On August 11, this measure passed its final reading in the Unicameral Legislature by a vote of 45-0. This measure was subsequently sent to Governor Pete Ricketts (R). Since the Legislature is in session, the Governor has five days, excluding Sundays, to sign or veto this measure. If the Governor does not sign this measure, this measure will be enacted without a signature. If the Governor vetoes this measure, this measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the Governor’s veto with a 3/5 vote.
Nebraska Regulatory Updates 2/6/2023
LB 203 – Provide For a Release of Employee Medical Records As Prescribed Under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (General)
Summary:
This measure requires an employee filing a claim for workers’ compensation benefits to provide a patient’s waiver to the compensation insurer, risk management pool, self-insurer, or employer upon the request by the same, allowing its representative to obtain all previous hospital and medical records, including patient information forms, concerning the employee’s previous treatment with any physician, psychologist, or another medical provider. A compensation insurer, risk management pool, self-insurer, or employer shall not be entitled to an employee’s hospital or medical records that pertain to an employee’s previous treatment for sexual abuse, human immunodeficiency virus, reproductive health conditions, or mental health conditions unless seeking benefits for mental health injuries, or alcohol or controlled substance abuse.
Most Recent Update:
1/11/2023 This measure has been referred to the Business and Labor Committee, chaired by Senator Merv Riepe. The sponsor does serve on the committee of referral. The measure is eligible for consideration in the committee of referral. A timeline may be established by the Chair.
LB 191 – Provide For Confidentiality of and Access to Certain Injury Reports Under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (General)
Summary:
This measure provides for the confidentiality of and access to certain workers’ compensation injury reports. A report filed under this measure shall be confidential and not open to public inspection or copying for a period of sixty days after the date of filing, unless the is the employee who is the subject of the report or an attorney or authorized agent of that employee, or is the employer, workers’ compensation insurer, risk management pool, or third-party administrator that is a party to the report or an attorney or authorized agent of such party.
Most Recent Update:
1/11/2023 This measure has been referred to the Business and Labor Committee, chaired by Senator Merv Riepe. The sponsor serves on the committee of referral. The measure is eligible for consideration in the committee of referral. A timeline may be established by the Chair.
LB 272 – Change Provisions Relating to the Date When Compensation Begins Under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (General)
Summary:
This measure changes the dates when workers’ compensation begins from seven to three days, the extended period beginning on the fourth day (instead of the eighth day), except that if such disability continues for two weeks (reduced from six weeks) or longer, compensation shall be computed from the date disability began.
Most Recent Update:
1/10/2023 This measure has been introduced. The measure is eligible for committee referral.
LB 101 – Provide For an Exemption from the Nebraska Workers’ Compensation Act For Certain Agricultural Operations
Issues: Workers’ Compensation (General)
Summary:
This measure creates an exemption from the workers’ compensation act for agricultural operations. An employer who meets the requirements of this measure shall be exempt if an employer files a waiver with the Director. The director shall develop a waiver in consultation with the Workers’ Compensation Court. This form will be available to the public on the department website no later than 9/1/2023. A properly filed waiver shall be effective for a period of one year from the date of filing. A waiver may be renewed annually in a form and manner prescribed by the director. An employer who is exempt from this measure shall be deemed liable for any injury occurring to an employee as a direct result of performing the duties associated with the job. Any company contracting with the employer shall not be deemed liable for any such injury, and an employee of an employer shall not be considered an employee of that company.
Most Recent Update:
1/10/2023 This measure has been referred to the Business and Labor Committee, chaired by Senator Merv Riepe. The sponsor does not serve on the committee of referral. The measure is eligible for consideration in the committee of referral. A timeline may be established by the Chair.
LB 443 – Change Provisions Relating to Compensation For Total Disability Under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (General)
Summary:
This measure changes provisions for compensation for injuries occurring after the effective date of this act, compensation for total disability shall cease at age (72) seventy-two, except that if an employee is injured after age (67) sixty-seven, compensation for total disability shall cease after (5) five years of such compensation having been paid. Subdivision (1)(b) of this measure shall not apply to a spinal cord injury involving severe paralysis of an arm, a leg, or the trunk, severe brain or closed-head injury as evidenced by severe sensory or motor disturbances, severe communication disturbances, severe complex integrated disturbances of cerebral function, severe episodic neurological disorders, or total or industrial blindness.
Most Recent Update:
1/13/2023 This measure has been introduced. The measure is eligible for committee referral.
LB 380 – Changes to the Nebraska Fair Employment Practice Act to Provide For Jury Trials and Prohibit Discrimination For Exercise of Rights Under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (General)
Summary:
This measure amends existing labor law by establishing a new unlawful employment practice. Specifically, it makes discrimination or retaliation by an employer on the basis of the reporting of a work-related injury or a claim filed with regards to such an injury. It establishes that individuals bringing forth such claims under civil action against a state or local agency have the right to a jury trial. The bill takes effect 3 months after adjournment of the legislative session.
Most Recent Update:
1/17/2023 This measure has been referred to the Business and Labor Committee, chaired by Senator Merv Riepe. The measure is eligible for consideration in the committee of referral. A timeline may be established by the Chair.
Nebraska Regulatory Updates 2/3/2022
LB 1133 – A Bill for an Act Relating to the Nebraska Workers’ Compensation Act; to amend section 48-101.01, Reissue Revised Statutes of Nebraska; to define a term; to include health care workers within provisions concerning mental injuries and mental illness; to harmonize provisions; and to repeal the original section.
Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)
Summary:
This measure declares that personal injury includes mental injuries and mental illness unaccompanied by physical injury for an employee who is a health care worker. This measure concerns workers’ compensation coverage definitions. This measure declares that personal injury includes mental injuries and mental illness unaccompanied by physical injury for an employee who is a health care worker if such employee establishes that the employee’s employment conditions causing the mental injury or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment, and establishes, through a mental health professional, the medical causation between the mental injury or mental illness and the employment conditions by medical evidence. This measure defines “Health Care Worker” to mean a physician, physician assistant, nurse, or advanced practice registered nurse who is licensed, certified, or registered to perform specified health services consistent with state law. This measure would take effect 90 days after adjournment.
Most Recent Update:
1/31/2022 This measure has been scheduled for hearing in the Business and Labor Committee, chaired by Senator Ben Hansen on January 31st. This measure is eligible for a vote at the discretion of the chair.
LB 719 – Change Provisions Under the Nebraska Workers’ Compensation Act Relating to Physicians, Compensation, and Benefits and Require Cost-Of-Living Adjustments and Payment For Interpreter Services
Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)
Summary:
This measure requires that workers’ compensation pay for interpreter services, changes the employees right to select a physician, alters the weekly income benefit amount, recalculates the cost of living benefits and requires payment of personal representatives. This measure amends the Nebraska Workers’ Compensation Act. This measure applies to workers compensation insurers. This measure amends the workers compensation system to require payment for interpreter services, change provisions relating to the right to select a physician, compensation schedules, maximum and minimum weekly income benefits, and calculation of wages, to require annual cost-of-living adjustments to benefits, to require payment of benefits to a personal representative. This measure is effective is October 1, 2022.
Most Recent Update:
1/31/2022 This measure was scheduled for hearing in Senate Business and Labor Committee, chaired by Senator Ben Hansen (R) on January 31st in Room 1003. This measure is eligible for a vote at the discretion of the chair.
Nebraska Regulatory Updates 9/1/2021
LR 206 – Interim Study to Examine Workers’ Compensation
Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)
Summary:
This measure establishes an interim study to examine workers’ compensation. This resolution directs the Business and Labor Committee to study during the interim workers’ compensation. The study must examine statutes of other states relating to workers’ compensation and the efficacy of increasing the amount of payments to individuals who are awarded benefits.
Most Recent Update:
5/19/2021 This measure will be carried over into the 2022 legislative session as it stands. This measure will likely not be considered during special sessions. The 2022 Legislative Session will convene on January 5, 2022.
Nebraska Regulatory Updates 06/02/2020
LB 1101 – An Act to change the schedule of compensation for certain injuries resulting in disability under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)
Summary:
This measure changes the schedule of compensation for certain injuries resulting in disability under the Nebraska Workers’ Compensation Act.
The measure stipulates that loss or loss of use of multiple parts of the same hand, arm, foot, or leg would not be eligible for a determination of benefits based upon the employee’s loss of earning capacity and loss of use means permanent loss of function.
Most Recent Update: On February 10, 2020, this measure was heard by the Health and Human Services Committee. No vote was taken. This measure is eligible for an executive session in its committee of referral. Executive sessions are generally held without prior notice and closed to the public.
LB 1103 – An Act to change requirements for lump-sum settlement approval or release by the Nebraska Workers’ Compensation Court
Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)
Summary:
This measure changes requirements for lump-sum settlement approval or release by the Nebraska Workers’ Compensation Court.
The measure stipulates that a release of a lump-sum settlement for indemnity benefits only, need not contain allegations regarding eligibility for Medicare, if the employee’s right to receive future medical, surgical, and hospital services is specifically excluded from the settlement.
Most Recent Update: On February 10, 2020, this measure was heard by the Health and Human Services Committee. No vote was taken. This measure is eligible for an executive session in its committee of referral. Executive sessions are generally held without prior notice and closed to the public.
LB 1129 – An Act to change evasion of law provisions and ensure certain coverage under the Nebraska Workers’ Compensation Act
Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)
Summary:
This measure changes evasion of law provisions and ensure certain coverage under the Nebraska Workers’ Compensation Act.
The measure amends Section 48-116, Reissue Revised Statutes of Nebraska, to stipulate that entities that contract out a portion of their usual business to contractors remain liable to independent contractors unless the entity also requires the subcontractor(s) to carry their own workers’ compensation coverage.
Most Recent Update: On February 24, 2020, this measure was heard by the Business and Labor Committee. No vote was taken. This measure is eligible for an executive session in its committee of referral. Executive sessions are generally held without prior notice and closed to the public.
Nebraska Regulatory Updates 08/01/2019
LB 316 – Adopt the Pharmacy Benefit Fairness and Transparency Act
Issues: Workers’ Compensation (Pharmacy Fee Schedule)
Summary:
This measure prohibits a pharmacy benefit manager from subjecting a pharmacist or contracted pharmacy to penalties or removal from a network or plan for sharing information regarding the cost, price, or copayment of a prescription drug with a covered individual or a covered individual’s caregiver. The measure also prohibits a pharmacy benefit manager from prohibiting or inhibiting a pharmacist or contracted pharmacy from discussing any such information or selling a more affordable alternative to a covered individual or a covered individual’s caregiver.
The measure prohibits an insurer that covers prescription drugs from requiring a covered individual to make a payment for a prescription drug at the point of sale in an amount that exceeds the lesser of:
i. the covered individual’s copayment, deductible, or coinsurance for such prescription drug; or
ii. the amount any individual would pay for such prescription drug if that individual paid in cash.
Most Recent Update: This measure was signed by Governor Pete Ricketts (R) on April 24. This measure will become effective immediately.
LB 487 – Require the Nebraska Workers’ Compensation Court to adopt an evidence-based drug formulary
Issues: Workers’ Compensation (General), Workers’ Compensation (Prescription Drug Formulary)
Summary:
This measure establishes a formulary for workers’ compensation drugs.
This measure permits the Nebraska Workers’ Compensation Court to adopt an evidence-based drug formulary consisting of prescription drugs listed in Schedules II, III, IV and V. The formulary will apply to prescription drugs that are prescribed and dispensed for outpatient use in connection with workers’ compensation claims with a date of injury on or after January 1, 2018.
A prescription drug included in the formulary adopted by the compensation court and recommended may be prescribed and dispensed without obtaining prior authorization from the workers’ compensation insurer, risk management pool or self-insured employer.
A prescription drug not included in the formulary adopted by the compensation court or that is included but not recommended is presumed to be reasonable if prior authorization for such drugs is obtained from the workers’ compensation insurer, risk management pool or self-insured employer.
The measure requires the compensation court to consult with stakeholders regarding the adoption of a drug formulary.
The stakeholders should include employers, insurers, private sector employee representatives, public sector employee representatives, treating physicians actively practicing medicine, pharmacists, and attorneys representing injured workers or employers.
Any party may request a finding by an independent medical examiner if the workers’ compensation insurer, risk management pool or self-insured employer denies payment for a prescription drug that is not included in the formulary adopted by the compensation court or that is included but not recommended in such formulary or if prior authorization is denied.
The compensation court may adopt and promulgate rules and regulations necessary to implement this provision.
Most Recent Update: This measure is eligible to be carried over to the 2020 Legislative Session. In Nebraska, all bills on which no final action has been taken by the time of adjournment of the regular session in odd-numbered years shall be held over for consideration at the regular session convening in even-numbered years.
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