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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 746
Introduced by Hardin, 48.
Read first time January 07, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Population Health Information Act; to1
amend section 81-6,125, Reissue Revised Statutes of Nebraska; to2
eliminate obsolete provisions; and to repeal the original section.3
Be it enacted by the people of the State of Nebraska,4
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Section 1. Section 81-6,125, Reissue Revised Statutes of Nebraska,1
is amended to read: 2
81-6,125 (1) The purpose of the Population Health Information Act is3
to designate a health information exchange to provide the data4
infrastructure needed to assist in creating a healthier Nebraska and5
operating the electronic health records initiative.6
(2) The designated health information exchange shall:7
(a) Aggregate clinical information from health care entities needed8
to support the operation of the medical assistance program under the9
Medical Assistance Act; 10
(b) Act as the designated entity for purposes of access to and11
analysis of health data; 12
(c) Collect and analyze data for purposes of informing the13
Legislature, the department, health care providers, and health care14
entities as to the cost of, access to, and quality of health care in15
Nebraska; 16
(d) Act as a collector and reporter of public health data for17
registry submissions, electronic laboratory reporting, immunization18
reporting, and syndromic surveillance from an electronic health record,19
which does not include claims data; and 20
(e) Enable any health care provider or health care entity to access21
information available within the designated health information exchange22
to evaluate and monitor care and treatment of a patient in accordance23
with the privacy and security provisions set forth in the federal Health24
Insurance Portability and Accountability Act of 1996, Public Law 104-191.25
(3)(a) Each On or before September 30, 2021, each health care26
facility listed in subdivision (b) of this subsection shall participate27
in the designated health information exchange through sharing of clinical28
information. Such clinical information shall include the clinical data29
that the health care facility captured in its existing electronic health30
record as permitted by state and federal laws, rules, and regulations.31
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Any patient health information shared with the designated health1
information exchange as determined by policies adopted by the Health2
Information Technology Board shall be provided in accordance with the3
privacy and security provisions set forth in the federal Health Insurance4
Portability and Accountability Act of 1996 and regulations adopted under5
the act. 6
(b) This subsection applies to an ambulatory surgical center, a7
critical access hospital, a general acute hospital, a health clinic, a8
hospital, an intermediate care facility, a long-term care hospital, a9
mental health substance use treatment center, a PACE center, a pharmacy,10
a psychiatric or mental hospital, a public health clinic, or a11
rehabilitation hospital, as such terms are defined in the Health Care12
Facility Licensure Act, or a diagnostic, laboratory, or imaging center.13
(c) This subsection does not apply to (i) a state-owned or state-14
operated facility or (ii) an assisted-living facility, a nursing15
facility, or a skilled nursing facility, as such terms are defined in the16
Health Care Facility Licensure Act. 17
(d) Any connection established by July 1, 2021, between a health18
care facility and the designated health information exchange to19
facilitate such participation shall be at no cost to the participating20
health care facility. 21
(e) A health care facility may apply to the board for a waiver from22
the requirement to participate under this subsection due to a23
technological burden. The board shall review the application and24
determine whether to waive the requirement. If the board waives the25
requirement for a health care facility, the board shall review the waiver26
annually to determine if the health care facility continues to qualify27
for the waiver. 28
(f) The board shall not require a health care facility to purchase29
or contract for an electronic records management system or service.30
(4)(a) Each On or before January 1, 2022, each health insurance plan31
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shall participate in the designated health information exchange through1
sharing of information. Subject to subsection (5) of this section, such2
information shall be determined by policies adopted by the Health3
Information Technology Board. 4
(b) For purposes of this subsection: 5
(i) Health insurance plan includes any group or individual sickness6
and accident insurance policy, health maintenance organization contract,7
subscriber contract, employee medical, surgical, or hospital care benefit8
plan, or self-funded employee benefit plan to the extent not preempted by9
federal law; and 10
(ii) Health insurance plan does not include (A) accident-only,11
disability-income, hospital confinement indemnity, dental, hearing,12
vision, or credit insurance, (B) coverage issued as a supplement to13
liability insurance, (C) insurance provided as a supplement to medicare,14
(D) insurance arising from workers' compensation provisions, (E)15
automobile medical payment insurance, (F) insurance policies that provide16
coverage for a specified disease or any other limited benefit coverage,17
or (G) insurance under which benefits are payable with or without regard18
to fault and which is statutorily required to be contained in any19
liability insurance policy. 20
(5) The designated health information exchange and the department21
shall enter into an agreement to allow the designated health information22
exchange to collect, aggregate, analyze, report, and release de-23
identified data, as defined by the federal Health Insurance Portability24
and Accountability Act of 1996, that is derived from the administration25
of the medical assistance program. Such written agreement shall be26
executed no later than September 30, 2021. 27
(6) In addition to the right to opt out as provided in section28
71-2454, an individual shall have the right to opt out of the designated29
health information exchange or the sharing of information required under30
subsections (3) and (4) of this section. The designated health31
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information exchange shall adopt a patient opt-out policy consistent with1
the federal Health Insurance Portability and Accountability Act of 19962
and other applicable federal requirements. Such policy shall not apply to3
mandatory public health reporting requirements. 4
Sec. 2. Original section 81-6,125, Reissue Revised Statutes of5
Nebraska, is repealed. 6
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