Key Takeaways

  • Nebraska uses the federal HealthCare.gov marketplace for ACA coverage
  • The Nebraska Department of Insurance (NDOI) regulates health insurance
  • Pre-existing condition exclusions are prohibited under ACA-compliant plans
  • Nebraska has mental health parity requirements aligned with federal MHPAEA
  • Small group is defined as 1-50 employees in Nebraska
Last updated: January 2026

Nebraska Health Insurance Policy Requirements

Nebraska has health insurance regulations that work alongside federal requirements under Chapter 44 of the Nebraska Revised Statutes.

Regulatory Structure

Nebraska health coverage is regulated by the Nebraska Department of Insurance (NDOI):

AgencyRole
Nebraska Department of Insurance (NDOI)Regulates all health insurance, reviews rates and forms
Federal CMSOperates the HealthCare.gov marketplace for Nebraska

Health Insurance Marketplace

Nebraska uses the federal HealthCare.gov marketplace:

  • Federally facilitated marketplace
  • Provides access to qualified health plans (QHPs)
  • Premium tax credits available for eligible residents
  • Open enrollment and special enrollment periods apply

Metal Tier Plans

TierActuarial ValueCost Sharing
Bronze60%Higher out-of-pocket costs
Silver70%Moderate cost sharing
Gold80%Lower out-of-pocket costs
Platinum90%Lowest out-of-pocket costs

Small Group Definition

Nebraska defines small employer groups as:

  • 1 to 50 employees (can include sole proprietors)
  • Must include at least one eligible employee
  • Self-employed individuals may qualify

Pre-Existing Condition Protections

Nebraska prohibits pre-existing condition exclusions in ACA-compliant plans:

Market SegmentPre-Existing Condition Exclusions
IndividualProhibited
Small GroupProhibited
Large GroupLimited by federal law

Guaranteed Issue and Renewal

Nebraska requires:

Guaranteed Issue

  • Insurers must accept all applicants for ACA-compliant plans
  • Cannot deny coverage based on health status
  • Applies to individual and small group markets

Guaranteed Renewal

  • Insurers cannot cancel coverage except for:
    • Non-payment of premium
    • Fraud or misrepresentation
    • Plan discontinuation (with proper notice)

Mental Health Parity

Nebraska requires mental health parity:

Federal MHPAEA Compliance

Nebraska requires insurers to comply with the federal Mental Health Parity and Addiction Equity Act (MHPAEA):

  • Financial requirements must be comparable to medical/surgical
  • Treatment limitations must be comparable
  • Prior authorization requirements must be comparable
  • Out-of-pocket costs must be comparable

Coverage Requirements

Health plans must provide:

  • Mental health coverage
  • Substance use disorder treatment
  • No annual or lifetime dollar limits specific to mental health

Exam Tip: Nebraska requires mental health benefits to be provided at parity with medical/surgical benefits under federal MHPAEA requirements.

Essential Health Benefits

All individual and small group plans must cover:

  1. Ambulatory patient services
  2. Emergency services
  3. Hospitalization
  4. Maternity and newborn care
  5. Mental health and substance use disorders
  6. Prescription drugs
  7. Rehabilitative services
  8. Laboratory services
  9. Preventive and wellness services
  10. Pediatric services (including dental and vision)

Claims Handling Requirements

Nebraska has specific claims handling timeframes:

RequirementTimeframe
AcknowledgmentReasonable promptness
Clean Claims30 days typical
Denial NoticeMust provide written explanation

External Review

Nebraska provides external review rights:

  • Consumers can appeal denied claims
  • Independent external review available
  • Binding decision on insurer
Test Your Knowledge

Which marketplace does Nebraska use for individual health insurance under the ACA?

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Test Your Knowledge

How does Nebraska define a small employer for health insurance purposes?

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What does Nebraska law require for mental health coverage?

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Can Nebraska health insurers deny coverage based on pre-existing conditions?

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Test Your Knowledge

What rights do Nebraska consumers have when a health insurance claim is denied?

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