§ 28-435.01 — Health care facility; peer review organization or professional association; report required; contents; confidentiality; immunity; failure to report; civil penalty; disposition

Nebraska § 28-435.01

• Jurisdiction: Nebraska
• Ch. 28: Crimes and Punishments

Text

(1) A health care facility licensed under the Health Care
Facility Licensure Act or a peer review organization or professional association
relating to a profession regulated under the Uniform Controlled Substances
Act shall report to the department, on a form and in the manner specified
by the department, any facts known to the facility, organization, or association,
including, but not limited to, the identity of the credential holder and consumer,
when the facility, organization, or association:
(a) Has made payment due to adverse judgment, settlement,
or award of a professional liability claim against it or a licensee, including
settlements made prior to suit, arising out of the acts or omissions of the
licensee; or
(b) Takes action adversely affecting the privileges or membership
of a licensee in such facility, organization, or association due to alleged
incompetence, professional negligence, unprofessional conduct, or physical,
mental, or chemical impairment.
The report shall be made within thirty days after the date
of the action or event.
(2) A report made to the department under this section shall
be confidential. The facility, organization, association, or person making
such report shall be completely immune from criminal or civil liability of
any nature, whether direct or derivative, for filing a report or for disclosure
of documents, records, or other information to the department under this section.
Nothing in this subsection shall be construed to require production of records
protected by the Health Care
Quality Improvement Act or section 25-12,123 or patient safety work
product under the Patient Safety Improvement Act except as otherwise provided
in either
of such acts or such section.
(3) Any health care facility, peer review organization, or
professional association that fails or neglects to make a report or provide
information as required under this section is subject to a civil penalty of
five hundred dollars for the first offense and a civil penalty of up to one
thousand dollars for a subsequent offense. Any civil penalty collected under
this subsection shall be remitted to the State Treasurer to be disposed of
in accordance with Article VII, section 5, of the Constitution of Nebraska.
(4) For purposes of this section, the department shall accept
reports made to it under the Nebraska Hospital-Medical Liability Act or in
accordance with national practitioner data bank requirements of the federal
Health Care Quality Improvement Act of 1986, as the act existed on January
1, 2007, and may require a supplemental report to the extent such reports
do not contain the information required by the department.

Legislative History

Source: Laws 2007, LB463, § 1124; Laws 2011, LB431, § 11. Cross References: Health Care Facility Licensure Act, see section 71-401. Health Care Quality Improvement Act, see section 71-7904. Nebraska Hospital-Medical Liability Act, see section 44-2855. Patient Safety Improvement Act, see section 71-8701.