This bill amends section 48-146.02 of the Nebraska Workers' Compensation Act to enhance the process for releasing employee medical records in relation to workers' compensation claims. A key insertion in the bill requires that an employee filing a claim must provide a patient's waiver upon request, allowing the employer or workers' compensation insurer to access previous hospital and medical records. However, the bill specifies that records related to sexual abuse, HIV, reproductive health, or mental health conditions cannot be accessed without the employee's consent, unless the claim pertains to mental health injuries or substance abuse. Additionally, the bill mandates the compensation court to develop a standardized waiver form and states that failure to provide this waiver will delay the liability determination period.

The bill also outlines the authority of a three-judge panel of the Nebraska Workers' Compensation Court to suspend or revoke the authorization of insurers, risk management pools, or self-insurers that fail to comply with their obligations under the Act. It details the actions that may lead to such penalties, including misrepresentation of facts, failure to promptly investigate claims, and unreasonable delays in payment. The Attorney General is granted the authority to file motions to compel compliance, and the compensation court is empowered to examine records to ensure adherence to the Act's requirements. The original section 48-146.02 is repealed as part of this legislative update.

Statutes affected:
Introduced: 48-146.02