Nebraska Revised Statutes

Neb. Rev. Stat. § 44-2824 (2026)

Health care provider; qualify under act; conditions

✓ current as of July 2026

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(1) To be qualified under the Nebraska Hospital-Medical Liability Act, a health care provider or such health care provider's employer, employee, partner, or limited liability company member shall:

(a) File with the director proof of financial responsibility, pursuant to section 44-2827 or 44-2827.01, in the amount of eight hundred thousand dollars for each occurrence. An aggregate liability amount of three million dollars for all occurrences or claims made in any policy year or risk-loss trust year for each named insured shall be provided. Such policy may be written on either an occurrence or a claims-made basis. Any risk-loss trust shall be established and maintained only on an occurrence basis. Such qualification shall remain effective only as long as insurance coverage or risk-loss trust coverage as required remains effective; and

(b) Pay the surcharge and any special surcharge levied on all health care providers pursuant to sections 44-2829 to 44-2831.

(2) Subject to the requirements in subsections (1) and (4) of this section, the qualification of a health care provider shall be either on an occurrence or claims-made basis and shall be the same as the insurance coverage provided by the insured's policy.

(3) The director shall have authority to permit qualification of health care providers who have retired or ceased doing business if such health care providers have primary insurance coverage under subsection (1) of this section.

(4) A health care provider who is not qualified under the act at the time of the alleged occurrence giving rise to a claim shall not, for purposes of that claim, qualify under the act notwithstanding subsequent filing of proof of financial responsibility and payment of a required surcharge.

(5) Qualification of a health care provider under the Nebraska Hospital-Medical Liability Act shall continue only as long as the health care provider meets the requirements for qualification. A health care provider who has once qualified under the act and who fails to renew or continue his or her qualification in the manner provided by law and by the rules and regulations of the Department of Insurance shall cease to be qualified under the act.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1986–2023 · leading case: Schmidt v. Heather Ramsey, APRN-CNM, 860 F.3d 1038 (8th Cir. 2017).

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Schmidt v. Heather Ramsey, APRN-CNM, 860 F.3d 1038 (8th Cir. 2017). · cites it 3× “See Neb. Rev. Stat. § 44-2824 (1). The issue is whether Bellevue properly posted the required opt-out notice.”

Giese v. Stice, 567 N.W.2d 156 (Neb. 1997). · cites it 2× “See *162 § 44-2824. The substantive provisions of the NHMLA provide the exclusive remedy by which a patient may assert professional liability claims against the health care provider unless the patient filed an election not to be bound by the NHMLA prior to receiving professional…”

Barry v. Bohi, 380 N.W.2d 249 (Neb. 1986). · cites it 2× “§§ 44-2824, 44-2827, 44-2829 through 44-2831.”

Hoffart v. Hodge, 609 N.W.2d 397 (Neb. Ct. App. 2000). “See § 44-2824(1). Any settlement or judgment in excess of the base coverage is then paid from the Fund.”

Lozada v. United States, 140 F.R.D. 404 (D. Neb. 1991). “Specifically, plaintiff asserts that defendant’s hospital failed to file proof of financial responsibility, to pay surcharges levied by the excess liability fund, and to post notice of qualification under the Act, as required by Neb.”

Jessen v. Malhotra, 112 F. Supp. 2d 917 (D. Neb. 2000). · cites it 2× “See Neb.Rev.Stat. Ann. § 44-2824 (Michie 1995).”

S.S. v. Bellevue Med. Ctr. (8th Cir. 2017). · cites it 3× “See Neb. Rev. Stat. § 44-2824 (1). The issue is whether Bellevue properly posted the required opt-out notice.”

Hansen v. United States (D. Neb. 2023). · cites it 2× “Defendant concedes the Omaha VA Hospital has not complied with the requirements of § 44-2824(1) to be a qualified healthcare provider under the Act.”

— Neb. Rev. Stat. § 44-2824(1) — 2 cases

Hoffart v. Hodge, 609 N.W.2d 397 (Neb. Ct. App. 2000). “See § 44-2824(1). Any settlement or judgment in excess of the base coverage is then paid from the Fund.”

Hansen v. United States (D. Neb. 2023). “Defendant concedes the Omaha VA Hospital has not complied with the requirements of § 44-2824(1) to be a qualified healthcare provider under the Act.”

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