This bill amends section 48-146.02 of the Nebraska Workers' Compensation Act to enhance the process for handling non-compliance by workers' compensation insurers, risk management pools, and self-insurers. It allows a three-judge panel of the Nebraska Workers' Compensation Court to suspend or revoke the authority of these entities if they are found to have failed to comply with their obligations under the Act with sufficient frequency to indicate a general business practice. The bill also outlines specific acts or practices that would subject these entities to such actions, including misrepresentation of facts, failure to promptly investigate claims, and unreasonable delays in payment of benefits.

Additionally, the bill introduces a new requirement for employees filing claims for workers' compensation benefits to provide a patient's waiver upon request, allowing their employer or insurer to access previous medical records. However, it protects sensitive information related to sexual abuse, HIV, reproductive health, and mental health conditions unless the claim pertains to mental health injuries or substance abuse. The bill also stipulates that failure to provide this waiver will toll the commencement of the thirty-day liability period under section 48-125. The compensation court is tasked with developing a waiver form and is granted the authority to examine workers' compensation records to ensure compliance with the Act.

Statutes affected:
Introduced: 48-146.02