(1) Any information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person or from any provider by any prepaid limited health service organization and any contract submitted pursuant to the requirements of the Prepaid Limited Health Service Organization Act shall be held in confidence and shall not be disclosed to any person except:

Terms Used In Nebraska Statutes 44-4725

  • Contract: A legal written agreement that becomes binding when signed.
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-103
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Statute: A law passed by a legislature.

(a) To the extent that it may be necessary to carry out the purposes of the act;

(b) Upon the express consent of the enrollee, applicant, provider, or prepaid limited health service organization, whichever is applicable;

(c) Pursuant to statute or court order for the production of evidence or the discovery thereof; or

(d) In the event of claim or litigation in which such data or information is relevant.

(2) With respect to any information pertaining to the diagnosis, treatment, or health of any enrollee or applicant, a prepaid limited health service organization shall be entitled to claim any statutory privileges against disclosure which the provider who furnished such information to the prepaid limited health service organization is entitled to claim.

(3) Any information provided to the director which constitutes a trade secret, is privileged information, or is part of an investigation or examination by the director shall be held in confidence.