Overview
Nebraska has advanced several healthcare price transparency initiatives in the state. To protect patients from surprise billing, the legislature enacted the Out-of-Network Emergency Medical Care Act that prohibits providers from billing patients for medical care received from out-of-network providers or facilities in emergency situations. In addition, Nebraska patients have the ability to petition hospitals for a written estimate of average charges for health care services, which promotes transparency and facilitates price shopping. The Nebraska Right to Shop Act, enacted as part of the Direct Primary Care Pilot Program Act, requires participating insurers to make price information public, including out-of-pocket costs. The law also requires insurance carriers to provide financial incentives such as cash from shared savings to patients who choose lower cost, higher quality providers, empowering patients to choose the best value care.
Though the state has not created an all-payer claims database, the 2014 Health Care Transparency Act jumpstarted efforts with an advisory committee that would investigate the creation of an APCD, including how to facilitate the reporting of health care and health quality data, provide for the facilitation of value-based, cost-effective purchasing of health care services by public and private purchasers and consumers, and provisions regarding claims and eligibility standards.
For greater prescription drug pricing transparency, the legislature also enacted the Pharmacy Benefit Fairness and Transparency Act, putting transparency provisions in place for pharmacy benefit managers when contracting with pharmacies and prohibiting clawbacks and gag clauses.
In addition to promoting price transparency, Nebraska monitors consolidation and competition in the healthcare market by requiring nonprofit entities to provide notice to the state attorney general and health agency prior to a merger or acquisition. Applications for such transactions are subject to review and approval by the Nevada Department of Health and Human Services and in some cases, the AG. In the interest of controlling healthcare costs and ensuring continued access to care, the review is based on whether the merger or acquisition is in the public interest.
In 2024, Nebraska looked at a number of bills addressing prescription drug affordability, including considering PBM and 340b legislation.
See below for an overview of existing Nebraska state mandates. Click on citation tab for detailed information of specific statutes (click link to download statute text).
State Action
Latest Legislative Session: 1/4/2023 - 6/9/2023 (2023-2024 term). *Current session bill updates are ongoing. Check back weekly for updates.
LB 375 – Nebraska
Introduced: 2021 Status: Inactive / Dead
Adopt the Pharmacy Benefit Manager Regulation and Transparency Act: Pharmacy benefit managers are prohibited from charging or collecting from a covered person a copayment for a prescription or pharmacy service that exceeds the amount retained …
LB 400 – Nebraska
Introduced: 2021 Status: Enacted
Allow for audio-only telehealth to be used in delivery of behavioral health services, and postpone the written consent requirement to deliver telehealth services. Allow services to originate from any location where the patient is located.
LB 411 – Nebraska
Introduced: 2021 Status: Enacted
Require sharing of information with the designated health information exchange and change provisions related to the Health Information Technology Board
LB 448 – Nebraska
Introduced: 2023 Status: In Process
Prohibit certain provisions in a health plan in relation to clinician-administered drugs. LB 448 would prohibit an insurer from refusing to authorize, approve, or pay a participating provider for providing covered clinician administered drugs or …
LB 460 – Nebraska
Introduced: 2017 Status: Inactive / Dead
CHANGE PROVISIONS REGULATING THE TRANSPORTATION OF CLIENTS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND OTHER AUTHORIZED AGENCIES AS PRESCRIBED: LB 460 makes changes with respect to non-emergency medical transportation (NET) under the Nebraska …
LB 29 – Nebraska
Introduced: 2019 Status: Enacted
Provide and eliminate telehealth provisions: LB29 amends the Uniform Credentialing Act to establish provider-patient relationships through telehealth without the requirement for an initial face-to-face visit. It will provide certainty and stability to telehealth providers by …
LB 316 – Nebraska
Introduced: 2019 Status: Enacted
Adopt the Pharmacy Benefit Fairness and Transparency Act: requires that all pharmacy benefit managers (PBMs) doing business in Nebraska obtain certification as a Third Party Administrator under the Third Party Administrator Act, with oversight by …
LB 468 – Nebraska
Introduced: 2019 Status: Enacted
Prohibit inclusion of long-term services and supports under the medicaid managed care program and provide duties for the Department of Health and Human Services and the Department of Insurance. Requires that no additional populations or …
Neb. Rev. Stat. § 21-2219. Merger or consolidation: Professional Corporations – Nebraska
Introduced: Status: Enacted
Provision governs mergers or consolidation of a professional corporation.
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Neb. Rev. Stat. § 23-3580. Hospital Authorities Act; declaration of purpose: Hospital Authorities Act – Nebraska
Introduced: Status: Enacted
It is hereby further declared as a matter of legislative determination that high interest rates are contributing to rising costs of health care, that techniques of financing health care facilities have changed, that existing financing …
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In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In Re: Generic Pharmaceuticals Pricing Antitrust Litigation – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from 48 states, Puerto Rico, and the District of Columbia, as well as classes of private plaintiffs that filed an antitrust …
Additional Resources
STATE BUDGET
The Nebraska state budget operates on a biennium cycle, covering two fiscal years. Agency requests are submitted to the Governor by September 15. On or before January 15, the Governor submits a proposed budget to the Nebraska State Senate. The deadline is February 1 for newly elected governors. The Senate adopts a budget in May.
STATE LEGISLATURE
The Nebraska legislature is unique, having a Senate, but no lower chamber, and no political parties are recognized within the Senate. The 49 Senators serve four-year terms. Sessions of the Nebraska Legislature last for 90 working days in odd-numbered years and 60 working days in even-numbered years. The Legislature convenes annually on the first Wednesday after the first Monday in January. Bills carry over from odd to even numbered years.