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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1012
Introduced by Hansen, 16.
Read first time January 13, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to liens; to amend section 52-401, Revised1
Statutes Cumulative Supplement, 2024; to allow a lien for2
professional services provided by a physical therapist as3
prescribed; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 52-401, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
52-401 (1) Whenever any person employs a physician, nurse,3
chiropractor, physical therapist, hospital, or provider of emergency4
medical service to perform professional services of any nature, in the5
treatment of or in connection with an injury, and such injured person6
claims damages from the party causing the injury, such physician, nurse,7
chiropractor, physical therapist, hospital, or provider of emergency8
medical service, shall have a lien upon any sum awarded the injured9
person in judgment or obtained by settlement or compromise on the amount10
due for the usual and customary charges of such physician, nurse,11
chiropractor, physical therapist, hospital, or provider of emergency12
medical service applicable at the time services are performed, except13
that no such lien shall be valid against anyone covered under the14
Nebraska Workers' Compensation Act. For persons covered under private15
medical insurance or another private health benefit plan, the amount of16
the lien shall be reduced by the contracted discount or other limitation17
which would have been applied had the claim been submitted for18
reimbursement to the medical insurer or administrator of such other19
health benefit plan. The measure of damages for medical expenses in20
personal injury claims shall be the private party rate, not the21
discounted amount. 22
(2) In order to prosecute such lien, it shall be necessary for such23
physician, nurse, chiropractor, physical therapist, hospital, or provider24
of emergency medical service to serve a written notice upon the person or25
corporation from whom damages are claimed that such physician, nurse,26
chiropractor, physical therapist, hospital, or provider of emergency27
medical service claims a lien for such services and stating the amount28
due and the nature of such services, except that whenever an action is29
pending in court for the recovery of such damages, it shall be sufficient30
to file the notice of such lien in the pending action.31
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(3) A physician, nurse, chiropractor, physical therapist, hospital,1
or provider of emergency medical service claiming a lien under this2
section shall not be liable for attorney's fees and costs incurred by the3
injured person in securing the judgment, settlement, or compromise, but4
the lien of the injured person's attorney shall have precedence over the5
lien created by this section. 6
(4) Upon a written request and with the injured person's consent, a7
lienholder shall provide medical records, answers to interrogatories,8
depositions, or any expert medical testimony related to the recovery of9
damages within its custody and control at a reasonable charge to the10
injured person. 11
(5) For purposes of this section, provider of emergency medical12
service means a public entity that provides emergency medical service as13
defined in section 38-1207. 14
Sec. 2. Original section 52-401, Revised Statutes Cumulative15
Supplement, 2024, is repealed. 16
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