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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 780
Introduced by Dungan, 26.
Read first time January 07, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to insurance; to require coverage of eating1
disorders as prescribed. 2
Be it enacted by the people of the State of Nebraska,3
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Section 1. (1) No later than January 1, 2027, and notwithstanding1
sections 44-794 and 44-3,131, any health benefit plan delivered, issued2
for delivery, renewed, or continued in this state shall provide coverage3
for the diagnosis and treatment of an eating disorder. Such coverage4
shall include: (a) Medical, psychological, and pharmaceutical care; (b)5
nutritional counseling provided by a licensed dietitian or nutritionist;6
and (c) services provided at all levels of care, including, but not7
limited to, inpatient, residential, partial hospitalization, and8
intensive outpatient treatment. 9
(2) Coverage under this section shall not be limited or denied based10
on (a) the covered individual's body weight, body mass index, or physical11
appearance or (b) the fact that the covered individual has not previously12
completed or failed a lower level of care. 13
(3) For purposes of sections 1 to 3 of this act:14
(a) Eating disorder means a condition as defined in the most recent15
edition of the Diagnostic and Statistical Manual of Mental Disorders;16
(b) Health benefit plan means any hospital or medical policy or17
certificate, major medical expense insurance policy or certificate, or18
health maintenance organization subscriber contract delivered, issued for19
delivery, renewed, or continued in this state. Health benefit plan does20
not include an accident-only, a specified disease, a hospital indemnity,21
a Medicare supplement, a long-term care, or other limited benefit22
insurance policy; and 23
(c) Medically necessary means a health care service or supply that24
is consistent with generally accepted standards of care and the clinical25
practice guidelines for the treatment of an eating disorder published by26
the American Psychiatric Association or another nationally recognized27
clinical organization. 28
Sec. 2. (1) The limitations on construction found in section 44-79429
shall not apply to the benefits mandated by section 1 of this act. An30
insurer shall not utilize the provisions of section 44-794 relating to31
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mechanisms designed to limit coverage to impose non-quantitative1
treatment limitations on eating disorder benefits that are more stringent2
than those applied to medical and surgical benefits.3
(2) A utilization review or medical necessity determination relating4
to an eating disorder shall be conducted by a provider with specific5
expertise in the treatment of eating disorders. 6
Sec. 3. The Department of Insurance may adopt and promulgate rules7
and regulations to carry out sections 1 to 3 of this act.8
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