Nebraska Statutes 44-2832. Claims; paid; procedure; limitation
(1) The Director of Administrative Services shall issue a warrant drawn on the fund in the amount of each claim submitted by the director. All claims against the fund shall be made on a voucher or other appropriate request by the director after he or she has received:
Terms Used In Nebraska Statutes 44-2832
- Director: shall mean the Director of Insurance. See Nebraska Statutes 44-2807
- 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
- Occurrence: shall mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately cause injuries or damages for which reimbursement is or may be claimed by the patient or his representative. See Nebraska Statutes 44-2813
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) A certified copy of a final judgment in excess of eight hundred thousand dollars against a health care provider and in excess of the amount recoverable from all health care providers;
(b) A certified copy of a court-approved settlement in excess of eight hundred thousand dollars against a health care provider and in excess of the amount recoverable from all health care providers; or
(c) In case of claims based on primary insurance issued by the risk manager under sections 44-2837 to 44-2839, a certified copy of a final judgment or court-approved settlement requiring payment from the fund.
(2) The amount paid from the fund for excess liability when added to the payments by all health care providers may not exceed the maximum amount recoverable pursuant to subsection (1) of section 44-2825. The amount paid from the fund on account of a primary insurance policy issued by the risk manager to a health care provider under sections 44-2837 to 44-2839 may not exceed eight hundred thousand dollars for any one occurrence covered by such policy under any circumstances.