Law / United States / Nebraska

Ensuring Transparency in Prior Authorization Act, artificial-intelligence utilization review restriction

Neb. Rev. Stat. §§ 44-5432 to 44-5444

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

In force 9 months, effective 1 January 2026.

An AI risk obligations rule binding private bodies.

As of 8 September 2026.

What it requires

  • Do not let an artificial intelligence-based algorithm be the sole basis of a decision to deny, delay, or modify a health care service based, in whole or in part, on medical necessity.
  • Disclose to the Department of Insurance, to each health care provider in your network, to each enrollee, and on your public website whether artificial intelligence-based algorithms are used or will be used in the utilization review process.
  • Make your automated utilization management system available for audit by the department, which may perform the audit itself or through a third-party entity.

If you get it wrong

Criminal exposureNo

What it reaches

Obligation class

Prohibition, Disclosure

What it makes you log

Who may demand the log

Regulator, Auditor or notified body

Logging duty

Section 44-5443(3) gives the Department of Insurance, itself or through a contracted third party, power to audit a utilization review agent's automated utilization management system at any time. The section never uses the words log, record, or audit trail, but a system that must stand ready for an audit at any time has to be kept in a state that audit can examine, which is the implicit case. Sections 44-5432 to 44-5444 state no retention period for whatever the audit examines.

Kind
Implicit
As of
21 September 2026
Provision
Neb. Rev. Stat. § 44-5443(3)
Trigger
automated_decisions

Who checks it

Audit expectation

on_request

Who audits it

Regulator, Independent third party

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

LB 77 (2025), the Ensuring Transparency in Prior Authorization Act, bars a utilization review agent's artificial intelligence-based algorithm from being the sole basis of a decision to deny, delay, or modify health care services based, in whole or in part, on medical necessity.

The agent must disclose to the Department of Insurance, to each health care provider in its network, to each enrollee, and on its public website whether artificial intelligence-based algorithms are used or will be used in the utilization review process. The department may audit, itself or through a third-party entity, the agent's automated utilization management system. These provisions became operative on January 1, 2026.

When LexLint raises it

  • high_risk_decisions
  • handles_health_records

Read the law

Nebraska Revised Statutes, official Nebraska Legislature text

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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