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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 949
Introduced by Ballard, 21.
Read first time January 09, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to health information; to amend sections1
81-6,124, 81-6,125, 81-6,127, and 81-6,128, Reissue Revised Statutes2
of Nebraska, and sections 68-2106, 71-2454, and 71-2455, Revised3
Statutes Cumulative Supplement, 2024; to change provisions relating4
to the prescription drug monitoring program, the statewide health5
information exchange, and the Health Information Technology Board;6
to harmonize provisions; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 68-2106, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
68-2106 (1) The Hospital Quality Assurance and Access Assessment3
Fund is created. Interest earned on the fund shall be credited to the4
fund. Any money in the fund available for investment shall be invested by5
the state investment officer pursuant to the Nebraska Capital Expansion6
Act and the Nebraska State Funds Investment Act. 7
(2) The department shall use the Hospital Quality Assurance and8
Access Assessment Fund, including the matching federal financial9
participation, for the purpose of enhancing rates paid to hospitals under10
the medical assistance program except as allowed by subsection (3) of11
this section. Money in the fund shall not be used to replace or offset12
existing state funds paid to hospitals for providing services under the13
medical assistance program. 14
(3) The Hospital Quality Assurance and Access Assessment Fund shall15
also be used to: 16
(a) Reimburse the General Fund the amount of the first quarterly17
payment on or before June 30 of each fiscal year; 18
(b) Reimburse the department an administrative fee of three percent19
of the assessment, not to exceed fifteen million dollars per year, to20
collect assessments and administer directed-payment programs established21
by the Hospital Quality Assurance and Access Assessment Act;22
(c) Provide the Nebraska Center for Nursing Board one-half of one23
percent of the assessment, not to exceed two million five hundred24
thousand dollars per year, for the expansion of clinical nursing training25
sites as authorized in subsection (3) of section 71-1798; and26
(d) Provide funding of three and one-half percent of the assessment,27
not to exceed seventeen million five hundred thousand dollars per year,28
for rates for nonhospital providers in the medical assistance program,29
continuous eligibility for children, or the designated health information30
exchange as defined authorized in section 81-6,124 81-6,125.31
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(4) In calculating rates, the proceeds from assessments and federal1
match not utilized under subsection (3) of this section shall be used to2
enhance rates for hospital inpatient and outpatient services in addition3
to any funds appropriated by the Legislature. 4
(5) The department shall collect data for revenue, discharge, and5
inpatient days from a hospital that does not file an annual medicare cost6
report. At the request of the department, a hospital that does not file7
an annual medicare cost report shall submit such requested data to the8
department. 9
(6) The department shall prohibit a medicaid managed care10
organization from (a) setting, establishing, or negotiating reimbursement11
rates with a hospital in a manner that takes into account, directly or12
indirectly, a directed payment that a hospital receives under the13
Hospital Quality Assurance and Access Assessment Act, (b) unnecessarily14
delaying a directed payment to a hospital, or (c) recouping or offsetting15
a directed payment for any reason. 16
(7)(a) A hospital shall not: 17
(i) Set, establish, or negotiate reimbursement rates with a managed18
care organization in a manner that directly or indirectly takes into19
account a directed payment that a hospital receives under the Hospital20
Quality Assurance and Access Assessment Act; or 21
(ii) Directly pass on the cost of an assessment to patients or22
nonmedicaid payors, including as a fee or rate increase.23
(b) A hospital that violates this subsection shall not receive a24
directed payment for the remainder of the rate year. This subsection25
shall not be construed to prohibit a hospital from negotiating with a26
payor for a rate increase. 27
Sec. 2. Section 71-2454, Revised Statutes Cumulative Supplement,28
2024, is amended to read: 29
71-2454 (1) A vendor An entity described in section 71-2455 shall30
establish a system of prescription drug monitoring for the purposes of31
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(a) preventing the misuse of controlled substances that are prescribed,1
(b) allowing prescribers and dispensers to monitor the care and treatment2
of patients for whom such a prescription drug is prescribed to ensure3
that such prescription drugs are used for medically appropriate purposes,4
(c) providing information to improve the health and safety of patients,5
and (d) ensuring that the State of Nebraska remains on the cutting edge6
of medical information technology. 7
(2) Such system of prescription drug monitoring shall be implemented8
as follows: Except as provided in subsection (4) of this section, all9
prescription drug information shall be reported to the prescription drug10
monitoring system. The prescription drug monitoring system shall include,11
but not be limited to, provisions that: 12
(a) Prohibit any patient from opting out of the prescription drug13
monitoring system; 14
(b) Require any prescription drug that is dispensed in this state or15
to an address in this state to be entered into the system by the16
dispenser or his or her delegate no less frequently than daily after such17
prescription drug is sold, including prescription drugs for patients18
paying cash or otherwise not relying on a third-party payor for payment,19
except that prescriptions labeled "for emergency use" or "for use in20
immunizations" are not required to be reported; 21
(c) Allow all prescribers or dispensers of prescription drugs to22
access the system at no cost to such prescriber or dispenser;23
(d) Ensure that such system includes information relating to all24
payors, including, but not limited to, the medical assistance program25
established pursuant to the Medical Assistance Act; and26
(e) Make the prescription drug information available to the vendor27
statewide health information exchange described in section 71-2455 for28
access by its participants if such access is in compliance with the29
privacy and security protections set forth in the provisions of the30
federal Health Insurance Portability and Accountability Act of 1996,31
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Public Law 104-191, and regulations promulgated thereunder, except that1
if a patient opts out of the statewide health information exchange2
provided by the vendor, the prescription drug information regarding that3
patient shall not be accessible by the participants in the statewide4
health information exchange provided by the vendor.5
(3) Except as provided in subsection (4) of this section,6
prescription drug information that shall be submitted electronically to7
the prescription drug monitoring system shall be determined by the vendor8
entity described in section 71-2455 and shall include, but not be limited9
to: 10
(a) The patient's name, address, telephone number, if a telephone11
number is available, gender, and date of birth; 12
(b) A patient identifier such as a military identification number,13
driver's license number, state identification card number, or other valid14
government-issued identification number, insurance identification number,15
pharmacy software-generated patient-specific identifier, or other16
identifier associated specifically with the patient;17
(c) The name and address of the pharmacy dispensing the prescription18
drug; 19
(d) The date the prescription is issued; 20
(e) The date the prescription is filled; 21
(f) The date the prescription is sold to the patient;22
(g) The number of refills authorized; 23
(h) The prescription number of the prescription drug;24
(i) The National Drug Code number as published by the federal Food25
and Drug Administration of the prescription drug; 26
(j) The strength of the prescription drug prescribed;27
(k) The quantity of the prescription drug prescribed and the number28
of days' supply; 29
(l) The prescriber's name and National Provider Identifier number or30
Drug Enforcement Administration number when reporting a controlled31
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substance; and 1
(m) Additional information as determined by the Health Information2
Technology Board and as published in the submitter guide for the3
prescription drug monitoring system. 4
(4) Beginning July 1, 2018, a veterinarian licensed under the5
Veterinary Medicine and Surgery Practice Act shall be required to report6
the dispensing of prescription drugs which are controlled substances7
listed on Schedule II, Schedule III, Schedule IV, or Schedule V pursuant8
to section 28-405. Each such veterinarian shall indicate that the9
prescription is an animal prescription and shall include the following10
information in such report: 11
(a) The first and last name and address, including city, state, and12
zip code, of the individual to whom the prescription drug is dispensed in13
accordance with a valid veterinarian-client-patient relationship;14
(b) Reporting status; 15
(c) The first and last name of the prescribing veterinarian and his16
or her federal Drug Enforcement Administration number;17
(d) The National Drug Code number as published by the federal Food18
and Drug Administration of the prescription drug and the prescription19
number; 20
(e) The date the prescription is written and the date the21
prescription is filled; 22
(f) The number of refills authorized, if any; and23
(g) The quantity of the prescription drug and the number of days'24
supply. 25
(5)(a) All prescription drug information submitted pursuant to this26
section, all data contained in the prescription drug monitoring system,27
and any report obtained from data contained in the prescription drug28
monitoring system are confidential, are privileged, are not public29
records, and may be withheld pursuant to section 84-712.05 except for30
information released as provided in subsection (9) or (10) of this31
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section. 1
(b) No patient-identifying data as defined in section 81-664,2
including the data collected under subsection (3) of this section, shall3
be disclosed, made public, or released to any public or private person or4
entity except to the vendor statewide health information exchange5
described in section 71-2455 and its participants, to prescribers and6
dispensers as provided in subsection (2) of this section, or as provided7
in subsection (7), (9), or (10) of this section. 8
(c) All other data is for the confidential use of the department and9
the vendor statewide health information exchange described in section10
71-2455 and its participants. The department, or the vendor statewide11
health information exchange in accordance with policies adopted by the12
Health Information Technology Board and in collaboration with the13
department, may release such information in accordance with the privacy14
and security provisions set forth in the federal Health Insurance15
Portability and Accountability Act of 1996, Public Law 104-191, and16
regulations promulgated thereunder, as Class I, Class II, or Class IV17
data in accordance with section 81-667, except for purposes in accordance18
with subsection (9) or (10) of this section, to the private or public19
persons or entities that the department or the vendor statewide health20
information exchange, in accordance with policies adopted by the Health21
Information Technology Board, determines may view such records as22
provided in sections 81-663 to 81-675. In addition, the department, or23
the vendor statewide health information exchange in accordance with24
policies adopted by the Health Information Technology Board and in25
collaboration with the department, may release such information as26
provided in subsection (9) or (10) of this section.27
(6) The vendor statewide health information exchange described in28
section 71-2455, in accordance with policies adopted by the Health29
Information Technology Board and in collaboration with the department,30
shall establish the minimum administrative, physical, and technical31
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safeguards necessary to protect the confidentiality, integrity, and1
availability of prescription drug information. 2
(7) If the entity receiving the prescription drug information has3
privacy protections at least as restrictive as those set forth in this4
section and has implemented and maintains the minimum safeguards required5
by subsection (6) of this section, the vendor statewide health6
information exchange described in section 71-2455, in accordance with7
policies adopted by the Health Information Technology Board and in8
collaboration with the department, may release the prescription drug9
information and any other data collected pursuant to this section to:10
(a) Other state prescription drug monitoring programs;11
(b) State and regional health information exchanges;12
(c) The medical director and pharmacy director of the Division of13
Medicaid and Long-Term Care of the department, or their designees;14
(d) The medical directors and pharmacy directors of medicaid-managed15
care entities, the state's medicaid drug utilization review board, and16
any other state-administered health insurance program or its designee if17
any such entities have a current data-sharing agreement with the vendor18
statewide health information exchange described in section 71-2455, and19
if such release is in accordance with the privacy and security provisions20
of the federal Health Insurance Portability and Accountability Act of21
1996, Public Law 104-191, and all regulations promulgated thereunder;22
(e) Organizations which facilitate the interoperability and mutual23
exchange of information among state prescription drug monitoring programs24
or state or regional health information exchanges; or25
(f) Electronic health record systems or pharmacy-dispensing software26
systems for the purpose of integrating prescription drug information into27
a patient's medical record. 28
(8) The department, or the vendor statewide health information29
exchange described in section 71-2455, in accordance with policies30
adopted by the Health Information Technology Board and in collaboration31
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with the department, may release to patients their prescription drug1
information collected pursuant to this section. Upon request of the2
patient, such information may be released directly to the patient or a3
personal health record system designated by the patient which has privacy4
protections at least as restrictive as those set forth in this section5
and that has implemented and maintains the minimum safeguards required by6
subsection (6) of this section. 7
(9) In accordance with the privacy and security provisions set forth8
in the federal Health Insurance Portability and Accountability Act of9
1996, Public Law 104-191, and regulations promulgated thereunder, the10
department, or the vendor statewide health information exchange described11
in section 71-2455 under policies adopted by the Health Information12
Technology Board, may release data collected pursuant to this section for13
statistical, public policy, or educational purposes after removing14
information which identifies or could reasonably be used to identify the15
patient, prescriber, dispenser, or other person who is the subject of the16
information, except as otherwise provided in subsection (10) of this17
section. 18
(10) In accordance with the privacy and security provisions set19
forth in the federal Health Insurance Portability and Accountability Act20
of 1996, Public Law 104-191, and regulations promulgated thereunder, the21
department, or vendor statewide health information exchange described in22
section 71-2455 under policies adopted by the Health Information23
Technology Board, may release data collected pursuant to this section for24
quality measures as approved or regulated by state or federal agencies or25
for patient quality improvement or research initiatives approved by the26
Health Information Technology Board. 27
(11) The vendor statewide health information exchange described in28
section 71-2455, entities described in subsection (7) of this section, or29
the department may request and receive program information from other30
prescription drug monitoring programs for use in the prescription drug31
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monitoring system in this state in accordance with the privacy and1
security provisions set forth in the federal Health Insurance Portability2
and Accountability Act of 1996, Public Law 104-191, and regulations3
promulgated thereunder. 4
(12) The vendor statewide health information exchange described in5
section 71-2455, in collaboration with the department, shall implement6
technological improvements to facilitate the secure collection of, and7
access to, prescription drug information in accordance with this section.8
(13) Before accessing the prescription drug monitoring system, any9
user shall undergo training on the purpose of the system, access to and10
proper usage of the system, and the law relating to the system, including11
confidentiality and security of the prescription drug monitoring system.12
Such training shall be administered by the vendor statewide health13
information exchange described in section 71-2455 or the department. The14
vendor statewide health information exchange described in section 71-245515
shall have access to the prescription drug monitoring system for training16
operations, maintenance, and administrative purposes. Users who have been17
trained prior to May 10, 2017, or who are granted access by an entity18
receiving prescription drug information pursuant to subsection (7) of19
this section, are deemed to be in compliance with the training20
requirement of this subsection. 21
(14) For purposes of this section: 22
(a) Deliver or delivery means to actually, constructively, or23
attempt to transfer a drug or device from one person to another, whether24
or not for consideration; 25
(b) Department means the Department of Health and Human Services;26
(c) Delegate means any licensed or registered health care27
professional credentialed under the Uniform Credentialing Act designated28
by a prescriber or dispenser to act as an agent of the prescriber or29
dispenser for purposes of submitting or accessing data in the30
prescription drug monitoring system and who is supervised by such31
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prescriber or dispenser; 1
(d) Prescription drug or drugs means a prescription drug or drugs2
dispensed by delivery to the ultimate user or caregiver by or pursuant to3
the lawful order of a prescriber but does not include (i) the delivery of4
such prescription drug for immediate use for purposes of inpatient5
hospital care or emergency department care, (ii) the administration of a6
prescription drug by an authorized person upon the lawful order of a7
prescriber, (iii) a wholesale distributor of a prescription drug8
monitored by the prescription drug monitoring system, or (iv) the9
dispensing to a nonhuman patient of a prescription drug which is not a10
controlled substance listed in Schedule II, Schedule III, Schedule IV, or11
Schedule V of section 28-405; 12
(e) Dispenser means a person authorized in the jurisdiction in which13
he or she is practicing to deliver a prescription drug to the ultimate14
user or caregiver by or pursuant to the lawful order of a prescriber;15
(f) Participant means an individual or entity that has entered into16
a participation agreement with the vendor statewide health information17
exchange described in section 71-2455 which requires the individual or18
entity to comply with the privacy and security protections set forth in19
the provisions of the federal Health Insurance Portability and20
Accountability Act of 1996, Public Law 104-191, and regulations21
promulgated thereunder; and 22
(g) Prescriber means a health care professional authorized to23
prescribe in the profession which he or she practices.24
Sec. 3. Section 71-2455, Revised Statutes Cumulative Supplement,25
2024, is amended to read: 26
71-2455 Subject to sections 81-6,127 and 81-6,128, the Department of27
Health and Human Services shall contract with a vendor pursuant to the28
State Procurement Act to , in collaboration with the Nebraska Health29
Information Initiative or any successor public-private statewide health30
information exchange, shall enhance or establish technology for31
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prescription drug monitoring to carry out the purposes of section1
71-2454. The department may use state funds and accept grants, gifts, or2
other funds in order to implement and operate the technology. The3
department may adopt and promulgate rules and regulations to authorize4
use of electronic health information, if necessary to carry out the5
purposes of sections 71-2454 and 71-2455. The department shall contract6
with a vendor pursuant to the State Procurement Act the statewide health7
information exchange for the administration of the Health Information8
Technology Board, and such contract shall specify that the vendor health9
information exchange is responsible for the administration of the Health10
Information Technology Board, including, but not limited to, providing11
meeting notices, recording and distributing meeting minutes,12
administrative tasks related to the same, and funding such activities.13
The contract shall also include provisions for the vendor statewide14
health information exchange to reimburse the expenses of the members of15
the board pursuant to subsection (5) of section 81-6,127. Such16
reimbursement shall be paid using a process essentially similar to17
sections 81-1174 to 81-1177. No state funds, including General Funds,18
cash funds, and federal funds, shall be used to carry out the19
administrative duties of the Health Information Technology Board nor for20
reimbursement of the expenses of the board members.21
Sec. 4. Section 81-6,124, Reissue Revised Statutes of Nebraska, is22
amended to read: 23
81-6,124 For purposes of the Population Health Information Act:24
(1) Clinical information means information related to the diagnosis25
and treatment of health conditions or services provided for health26
conditions; 27
(2) Department means the Department of Health and Human Services;28
(3) Designated health information exchange means the vendor29
statewide health information exchange described in section 71-2455;30
(4) Health care entity means a health care facility as defined in31
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section 71-413, a home health agency as defined in section 71-417, an1
urgent care treatment center, a laboratory, a medicaid managed care2
organization, a federally qualified health center, a health care3
practitioner facility as defined in section 71-414, a dental facility, a4
local public health department, a health insurance carrier, or any other5
organization or entity providing health care services in Nebraska;6
(5) Health care provider means a person practicing as a health care7
professional under the Uniform Credentialing Act; and8
(6) Prescription drug monitoring program means the program created9
under section 71-2454. 10
Sec. 5. Section 81-6,125, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
81-6,125 (1) The purpose of the Population Health Information Act is13
to designate a vendor health information exchange to provide the data14
infrastructure needed to assist in creating a healthier Nebraska and15
operating the electronic health records initiative.16
(2) The designated health information exchange shall:17
(a) Aggregate clinical information from health care entities needed18
to support the operation of the medical assistance program under the19
Medical Assistance Act; 20
(b) Act as the designated entity for purposes of access to and21
analysis of health data; 22
(c) Collect and analyze data for purposes of informing the23
Legislature, the department, health care providers, and health care24
entities as to the cost of, access to, and quality of health care in25
Nebraska; 26
(d) Act as a collector and reporter of public health data for27
registry submissions, electronic laboratory reporting, immunization28
reporting, and syndromic surveillance from an electronic health record,29
which does not include claims data; and 30
(e) Enable any health care provider or health care entity to access31
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information available within the designated health information exchange1
to evaluate and monitor care and treatment of a patient in accordance2
with the privacy and security provisions set forth in the federal Health3
Insurance Portability and Accountability Act of 1996, Public Law 104-191.4
(3)(a) On or before September 30, 2021, each health care facility5
listed in subdivision (b) of this subsection shall participate in the6
designated health information exchange through sharing of clinical7
information. Such clinical information shall include the clinical data8
that the health care facility captured in its existing electronic health9
record as permitted by state and federal laws, rules, and regulations.10
Any patient health information shared with the designated health11
information exchange as determined by policies adopted by the Health12
Information Technology Board shall be provided in accordance with the13
privacy and security provisions set forth in the federal Health Insurance14
Portability and Accountability Act of 1996 and regulations adopted under15
the act. 16
(b) This subsection applies to an ambulatory surgical center, a17
critical access hospital, a general acute hospital, a health clinic, a18
hospital, an intermediate care facility, a long-term care hospital, a19
mental health substance use treatment center, a PACE center, a pharmacy,20
a psychiatric or mental hospital, a public health clinic, or a21
rehabilitation hospital, as such terms are defined in the Health Care22
Facility Licensure Act, or a diagnostic, laboratory, or imaging center.23
(c) This subsection does not apply to (i) a state-owned or state-24
operated facility or (ii) an assisted-living facility, a nursing25
facility, or a skilled nursing facility, as such terms are defined in the26
Health Care Facility Licensure Act. 27
(d) Any connection established by July 1, 2021, between a health28
care facility and the designated health information exchange to29
facilitate such participation shall be at no cost to the participating30
health care facility. 31
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(e) A health care facility may apply to the board for a waiver from1
the requirement to participate under this subsection due to a2
technological burden. The board shall review the application and3
determine whether to waive the requirement. If the board waives the4
requirement for a health care facility, the board shall review the waiver5
annually to determine if the health care facility continues to qualify6
for the waiver. 7
(f) The board shall not require a health care facility to purchase8
or contract for an electronic records management system or service.9
(4)(a) On or before January 1, 2022, each health insurance plan10
shall participate in the designated health information exchange through11
sharing of information. Subject to subsection (5) of this section, such12
information shall be determined by policies adopted by the Health13
Information Technology Board. 14
(b) For purposes of this subsection: 15
(i) Health insurance plan includes any group or individual sickness16
and accident insurance policy, health maintenance organization contract,17
subscriber contract, employee medical, surgical, or hospital care benefit18
plan, or self-funded employee benefit plan to the extent not preempted by19
federal law; and 20
(ii) Health insurance plan does not include (A) accident-only,21
disability-income, hospital confinement indemnity, dental, hearing,22
vision, or credit insurance, (B) coverage issued as a supplement to23
liability insurance, (C) insurance provided as a supplement to medicare,24
(D) insurance arising from workers' compensation provisions, (E)25
automobile medical payment insurance, (F) insurance policies that provide26
coverage for a specified disease or any other limited benefit coverage,27
or (G) insurance under which benefits are payable with or without regard28
to fault and which is statutorily required to be contained in any29
liability insurance policy. 30
(5) The designated health information exchange and the department31
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shall enter into an agreement to allow the designated health information1
exchange to collect, aggregate, analyze, report, and release de-2
identified data, as defined by the federal Health Insurance Portability3
and Accountability Act of 1996, that is derived from the administration4
of the medical assistance program. Such written agreement shall be5
executed no later than September 30, 2021. 6
(6) In addition to the right to opt out as provided in section7
71-2454, an individual shall have the right to opt out of the designated8
health information exchange or the sharing of information required under9
subsections (3) and (4) of this section. The designated health10
information exchange shall adopt a patient opt-out policy consistent with11
the federal Health Insurance Portability and Accountability Act of 199612
and other applicable federal requirements. Such policy shall not apply to13
mandatory public health reporting requirements. 14
Sec. 6. Section 81-6,127, Reissue Revised Statutes of Nebraska, is15
amended to read: 16
81-6,127 (1) The Health Information Technology Board is created. The17
board shall have seventeen members. Except for members designated in18
subdivision (2)(o) of this section, the members shall be appointed by the19
Governor with the approval of a majority of the members of the20
Legislature. The members may begin to serve immediately following21
appointment and prior to approval by the Legislature. The members shall22
be appointed by February 1, 2021, and the board shall begin meeting on or23
before April 1, 2021. 24
(2) Members designated under subdivisions (b), (c), (d), (e), (g),25
(h), and (i) of this subsection shall hold a credential under the Uniform26
Credentialing Act. Except as otherwise provided in subsection (4) of this27
section, the board shall consist of: 28
(a) One individual who has experience in operating the prescription29
drug monitoring program created under section 71-2454;30
(b) Two physicians, one of whom shall be a family practice31
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physician, who are in active practice and in good standing with the1
Department of Health and Human Services appointed from a list of2
physicians provided by a statewide organization representing physicians;3
(c) One pharmacist who is in active practice and in good standing4
with the department appointed from a list of pharmacists provided by a5
statewide organization representing pharmacists; 6
(d) One alcohol and drug counselor providing services for a state-7
licensed alcohol and drug abuse addiction treatment program;8
(e) One health care provider who is board-certified in pain9
management; 10
(f) One hospital administrator appointed from a list of hospital11
administrators provided by a statewide organization representing hospital12
administrators; 13
(g) One dentist who is in active practice and in good standing with14
the department appointed from a list of dentists provided by a statewide15
organization representing dentists; 16
(h) One nurse practitioner who is in active practice and in good17
standing with the department authorized to prescribe medication appointed18
from a list of nurse practitioners authorized to prescribe medication19
provided by a statewide organization representing such nurse20
practitioners; 21
(i) One veterinarian who is in active practice and in good standing22
with the department appointed from a list of veterinarians provided by a23
statewide organization representing veterinarians;24
(j) One representative of the Department of Health and Human25
Services; 26
(k) One representative of a delegate as defined in section 71-2454;27
(l) One health care payor as defined in section 25-21,247 or an28
employee of a health care payor; 29
(m) One credentialed health information management professional30
appointed from a list of such professionals provided by a statewide31
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organization representing such professionals; 1
(n) One representative of the vendor statewide health information2
exchange described in section 71-2455; and 3
(o) The chairperson of the Health and Human Services Committee of4
the Legislature and the chairperson of the Appropriations Committee of5
the Legislature, both of whom are nonvoting, ex officio members.6
(3) Except for members designated in subdivisions (2)(a) and (o) of7
this section: 8
(a) A minimum of three members shall be appointed from each9
congressional district; 10
(b) Each member shall be appointed for a five-year term beginning on11
April 1, 2021, and may serve for any number of such terms;12
(c) Any member appointed prior to April 1, 2021, shall begin to13
serve immediately upon appointment and continue serving for the term14
beginning on April 1, 2021; and 15
(d) Any vacancy in membership, other than by expiration of a term,16
shall be filled within ninety days by the Governor by appointment for the17
vacant position as provided in subsection (2) of this section.18
(4) If, after appointment, the classification of a member's19
credential changes or a member's credential classification is terminated20
and if such credential was a qualification for appointment, the member21
shall be permitted to continue to serve as a member of the board until22
the expiration of the term for which appointed unless the member loses23
the credential due to disciplinary action. 24
(5) The members shall be reimbursed for their actual and necessary25
expenses incurred in serving on the board as provided in section 71-2455.26
(6) A simple majority of members shall constitute a quorum for the27
transaction of all business. 28
Sec. 7. Section 81-6,128, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
81-6,128 (1) The Health Information Technology Board shall:31
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(a) Establish criteria for data collection and disbursement by the1
vendor statewide health information exchange described in section 71-24552
and the prescription drug monitoring program created under section3
71-2454 to improve the quality of information provided to clinicians;4
(b) Evaluate and ensure that the statewide health information5
exchange is meeting technological standards for reporting of data for the6
prescription drug monitoring program, including the data to be collected7
and reported and the frequency of data collection and disbursement;8
(c) Provide the governance oversight necessary to ensure that any9
health information in the statewide health information exchange and the10
prescription drug monitoring program may be accessed, used, or disclosed11
only in accordance with the privacy and security protections set forth in12
the federal Health Insurance Portability and Accountability Act of 1996,13
Public Law 104-191, and regulations promulgated thereunder. All protected14
health information is privileged, is not a public record, and may be15
withheld from the public pursuant to section 84-712.05; and16
(d) Provide recommendations to the statewide health information17
exchange on any other matters referred to the board.18
(2) The board shall adopt policies and procedures necessary to carry19
out its duties. 20
(3) The authority of the board to direct the use or release of data21
under this section or section 71-2454 shall apply only to requests22
submitted to the board after September 1, 2021. 23
(4) The board may hold meetings by telecommunication or electronic24
communication subject to the Open Meetings Act. Any official action or25
vote of the members of the board shall be preserved in the records of the26
board. 27
(5) By November 15, 2021, and November 15 of each year thereafter,28
the board shall develop and submit an annual report to the Governor and29
the Health and Human Services Committee of the Legislature regarding30
considerations undertaken, decisions made, accomplishments, and other31
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relevant information. The report submitted to the Legislature shall be1
submitted electronically. 2
Sec. 8. Original sections 81-6,124, 81-6,125, 81-6,127, and3
81-6,128, Reissue Revised Statutes of Nebraska, and sections 68-2106,4
71-2454, and 71-2455, Revised Statutes Cumulative Supplement, 2024, are5
repealed. 6
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