LB 77 Legislature · 109th Legislature (2025-2026)

Adopt the Ensuring Transparency in Prior Authorization Act and provide for insurance and medicaid coverage of biomarker testing

Nebraska's LB 77 adopts the Ensuring Transparency in Prior Authorization Act, requiring health insurers and Medicaid to clearly explain prior authorization decisions and post all requirements online by 2027. The law mandates that denials must be reviewed by a physician (or clinical peer) and include specific reasons citing coverage criteria, with expedited reviews for urgent care. It also requires insurers to cover biomarker testing - tests that identify specific biological markers for diagnosis - when prescribed by a doctor. This directly affects health insurers, providers, and patients by increasing transparency in coverage decisions and expanding access to certain diagnostic tests.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Legislature Passage
May 2025
Legislature Passage
May 2025
Signed into Law
Jun 2025
Introduced Jan 9, 2025 Signed Jun 6, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Introduced Enrollment and Review ER86 · 3 edits
MINOR
The bill was amended during the Enrollment and Review process to change its purpose from regulating prior authorization transparency to covering biomarker testing for insurance and Medicaid. The sponsor also changed from Bostar to Guereca.
Scope change
The bill's scope changed from regulating prior authorization processes to covering biomarker testing for insurance and Medicaid coverage.
SCOPE

The bill's purpose was changed from regulating prior authorization transparency to providing insurance and Medicaid coverage for biomarker testing as prescribed.

ELIGIBILITY

The bill now applies to biomarker testing rather than prior authorization processes, changing which services are covered under the legislation.

TECHNICAL

The bill sponsor was changed from Bostar to Guereca, and the bill number reference was updated from the original introduction to the enrollment and review stage.

Floor votes · Legislature May 9, 2025

How they voted

370
Passed · 12 other
Total votes 49
May 9, 2025
N Nonpartisan49
37 Yea 12
75% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
7
Committee
2
Amendments
1
Jun 6, 2025
Introduced
Provisions/portions of LB253 amended into LB77 by AM1187
legislature
Jun 6, 2025
Signed into law
Approved by Governor on June 4, 2025
executive
May 30, 2025
Legislature · Passed
President/Speaker signed
legislature
May 30, 2025
Legislature · Passed
Passed on Final Reading 46-2*-1
legislature
May 21, 2025
Legislature · Passed
Enrollment and Review ER86 adopted
legislature
May 9, 2025
Legislature · Passed
Banking, Commerce and Insurance AM1187 adopted
legislature
May 9, 2025
Legislature · Passed
Bostar AM1261 adopted
legislature
Apr 28, 2025
Legislature · Passed
Placed on General File with AM1187
legislature
Jan 13, 2025
Committee
Referred to Banking, Commerce and Insurance Committee
legislature
Jan 9, 2025
Introduced
Date of introduction
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Eliot Bostar
Eliot Bostar
NNonpartisan
NE
29