Nebraska LB 77 (no AI-only prior-auth denials)

Nebraska Legislative Bill 77 (2025) — Ensuring Transparency in Prior Authorization Act (no AI-only health-care denials)
Nebraska · Neb. LB 77 (109th Leg., 2025), operative Jan. 1, 2026

Status
In effect
Took effect
January 1, 2026
Applies to
Health plans, insurers, and utilization review agents operating in Nebraska for fully insured plans.
Enforced by
Nebraska Department of Insurance

Nebraska's Ensuring Transparency in Prior Authorization Act bars utilization review agents from using an AI-based algorithm or automated system as the sole basis for denying, delaying, or modifying a health care service based, in whole or in part, on medical necessity. Any prior authorization denial based on medical necessity must involve human clinical review, not AI alone. The law also requires a single standardized prior authorization form of no more than two pages, streamlining the administrative process. Signed June 4, 2025 by Governor Pillen; effective January 1, 2026.

Who is protected: Nebraska health insurance enrollees whose prior authorization requests are subject to utilization review.

Legal detail

LB 77 (109th Neb. Legislature, 2025), enacted June 4, 2025, operative January 1, 2026 for fully insured plans. Amends Nebraska insurance law to: (1) prohibit utilization review agents from using an AI algorithm as the sole basis to deny, delay, or modify health care services on medical necessity grounds; (2) require a standardized prior authorization form of ≤2 pages; (3) establish clear timelines for utilization review decisions. Nebraska joins Arizona, California, Georgia, Indiana, Iowa, Illinois, Washington, and Colorado in restricting AI-only prior authorization and coverage denial decisions.

Key facts

JurisdictionNebraska
LevelState
StrengthModerate
EnactedJune 4, 2025
CitationNeb. LB 77 (109th Leg., 2025), operative Jan. 1, 2026
PenaltiesSubject to existing Nebraska insurance code enforcement and penalty provisions.
Topicshealthcare AI · insurance AI · automated decision-making
Legal analysisGovernor Pillen Signs Significant Prior Authorization Reform into Law — Nebraska Medical Association

More AI rules in Nebraska

Related healthcare AI rules elsewhere

See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.