Legislative Bill 592 for an Act to adopt the Social Care Information Privacy Act was introduced, on 17 January 2023, to the Nebraska State Legislature, and thereafter referred, on 19 January 2023, to the Health and Human Services Committee. In particular, the bill provides that the Social Care Information Privacy Act shall apply only to a state or local government entity, including a public-private partnership, that, directly or through a contracted entity, provides a closed-loop referral system. Specifically, under the bill, an entity is a participating organisation if it uses a closed-loop referral system regardless of whether the entity has entered into contractual agreement with a closed-loop referral system vendor.

Further to the above, the bill establishes, among other things, that an individual's personally identifiable information or social care information may be added to a closed-loop referral system only if the individual:

• consents to its inclusion on each instance of a referral for services; and
• retains the right to revoke consent to be in the closed-loop referral system at any time.

Separately, the bill prohibits a participating organisation utilising a closed-loop referral system from having access to an individual's personally identifiable information or social care information, unless the individual:

• has been referred to that participating organisation for services; and
• has consented for that participating organisation to access such information.

You can read the bill here and track its progress here.

UPDATE (10 February 2023)

Bill to adopt the Social Care Information Privacy Act to be heard in committee, opens for public comments

The bill is scheduled to be heard, on 16 February 2023, in the Health and Human Services Committee. In addition, public comments on the bill may be submitted via the dedicated portal available on the bill tracking page by 15 February at 12 PM CST.

You can read the bill here and track its progress here.

UPDATE (29 April 2024)

Bill indefinitely postponed

On 18 April 2024, the bill was indefinitely postponed. 

You can read the bill here and view its legislative history here.