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NE LB456
Provide for a patient’s waiver for the release of employee hospital and medical records under the Nebraska Workers’ Compensation Act
summary
Introduced
01/21/2025
01/21/2025
In Committee
01/23/2025
01/23/2025
Crossed Over
Passed
Dead
Introduced Session
109th Legislature
Bill Summary
A BILL FOR AN ACT relating to the Nebraska Workers' Compensation Act; to amend section 48-146.02, Reissue Revised Statutes of Nebraska; to provide for release of employee medical records as prescribed; and to repeal the original section.
AI Summary
This bill amends the Nebraska Workers' Compensation Act to establish a process for obtaining medical records during workers' compensation claims. Specifically, the bill requires an employee filing a workers' compensation claim to provide a patient's waiver upon request, allowing their employer or workers' compensation insurer to obtain previous hospital and medical records from physicians, psychologists, and other medical providers. However, the bill includes important privacy protections, prohibiting access to records related to sexual abuse, HIV, reproductive health, or mental health conditions, except in cases where the employee is seeking benefits for mental health or substance abuse injuries. The compensation court will develop a standard waiver form, and healthcare providers who release records under this waiver will be protected from criminal or civil liability. If an employee fails to provide the waiver, the thirty-day period for liability determination will be paused. The bill aims to balance the need for comprehensive medical information in workers' compensation cases with protecting sensitive personal health information.
Committee Categories
Business and Industry
Sponsors (1)
Last Action
Business and Labor Hearing (13:30:00 3/10/2025 Room 1510) (on 03/10/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59378 |
Fiscal Note for LB456 | https://nebraskalegislature.gov/FloorDocs/109/PDF/FN/LB456_20250307-121429.pdf |
Analysis - Statement of Intent | https://nebraskalegislature.gov/FloorDocs/109/PDF/SI/LB456.pdf |
BillText | https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB456.pdf |
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