Change provisions of the Nebraska Workers' Compensation Act relating to injury reports and workers' compensation insurance policies and deductibles
Summary
LB455 amends the Nebraska Workers’ Compensation Act in two main areas: injury reporting and workers’ compensation insurance deductibles. On the reporting side, it requires employers or insurers to file reports of reportable injuries with the Nebraska Workers’ Compensation Court within 10 days after notice or knowledge of the injury. It also directs the court to notify the employee that a report has been filed, explains that the court cannot give legal advice, and sets out detailed confidentiality, disclosure, redaction, waiver, and access rules for the information contained in those reports.
The bill also defines key terms used in the reporting section, including “reportable injury,” “restricted work,” “medical treatment,” “first aid,” and “confidential information.” The first-aid definition is expanded with a detailed list of treatments that do and do not count as first aid, which affects whether an incident is treated as a reportable workplace injury. In addition, the bill revises workers’ compensation insurance policy rules to allow insurers to offer deductible options for medical benefits and other claim payments, subject to minimum and maximum deductible amounts, underwriting disclosure requirements, reimbursement rules, and limits on employer and employee responsibilities.
Impact
LB455 changes state law by revising statutory provisions governing how workplace injuries are reported to the Nebraska Workers’ Compensation Court and how related information may be used or disclosed. It also updates insurance policy requirements under the Nebraska Workers’ Compensation Act to authorize deductible workers’ compensation coverage options, establish insurer and employer obligations for payment and reimbursement, and prohibit employers from shifting deductible costs to employees or interfering with physician selection rights. The bill repeals the prior versions of the affected sections and replaces them with the new reporting and deductible framework.
Sentiment
The bill appears to have broad legislative support overall, with major amendments adopted by wide margins and final passage on a 37-12 vote. The committee and floor action suggest the core package was acceptable to most senators, especially after amendment work. The failed motions earlier in the process indicate some disagreement, but the final vote shows the bill ultimately moved forward with a clear majority.
Contention
The main points of contention appear to have centered on the scope of the reporting and confidentiality provisions and on the deductible insurance structure. The reporting section is detailed and expands who may access injury reports, when they may be disclosed, and how employee confidentiality is protected, which can raise concerns for employees, employers, insurers, and attorneys about privacy and access to claim information. The deductible provisions may also have drawn scrutiny because they change how medical benefits are financed and require employers to reimburse deductible amounts, while also conditioning deductible offerings on financial responsibility and limiting any cost-shifting to workers.