This bill amends section 48-146.02 of the Nebraska Workers' Compensation Act to enhance the process for handling employee medical records in relation to workers' compensation claims. A significant addition is the requirement for employees filing claims to provide a patient's waiver, allowing their employer or workers' compensation insurer to access previous medical records, while also protecting 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 mandates the compensation court to develop a waiver form and stipulates that failure to provide this waiver will delay the liability determination period.

Additionally, the bill 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 specifies various practices that could lead to such actions, including misrepresentation of facts, failure to promptly investigate claims, and inadequate communication regarding benefits. The bill also allows the Attorney General to intervene in cases of non-compliance, ensuring that the interests of injured employees are protected. The original section of the law is repealed to accommodate these changes.

Statutes affected:
Introduced: 48-146.02