Nebraska Statutes 44-2838. Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal
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(1) If, after diligent effort to obtain coverage, a health care provider has been declined by at least two insurers, the risk may forward his application to the risk manager together with evidence of the two declinations.
Terms Used In Nebraska Statutes 44-2838
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Director: shall mean the Director of Insurance. See Nebraska Statutes 44-2807
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care: shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement. See Nebraska Statutes 44-2811
- Risk manager: shall mean an insurance company admitted to write insurance in Nebraska, which company shall be appointed by the director to manage the Residual Malpractice Insurance Authority. See Nebraska Statutes 44-2812
(2) If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be sent to the applicant and the director. The applicant shall have ten days from the date of notice by the risk manager to request review by the director. On appeal, the director shall review the decision of the risk manager and enter an appropriate order.