Buying a short-term plan in Nebraska
- Nebraska law limits short-term plans to under 12 months.
- Federal law allows for 364-day initial terms, and total duration, including renewals, of up to 36 months.
- Short-term plans must be filed with the state and comply with state mandates.
- Short-term plans must include a comparison of their benefits versus an ACA-compliant plan.
- The Nebraska Department of Insurance has warned consumers about high-pressure sales tactics used by some short-term plans.
- At least six insurers offer short-term plans in Nebraska.
How long can short-term plans last in Nebraska?
Nebraska insurance statute (44-787) defines a short-term health insurance plan as a policy lasting less than 12 months. Federal regulations that took effect in 2017 limited short-term plans to no more than three months, and prohibited their renewal. But that changed under Trump administration’s rules that took effect in late 2018, allowing short-term plans to have initial terms up to 364 days (ie, the same as Nebraska’s existing law), and total duration, including renewals, of up to 36 months.
Short-term plans in Nebraska must be filed with the Nebraska Department of Insurance (via SERFF), must cover state-mandated benefits, and must comply with the state’s internal and external appeal requirements.
Nebraska allows federal rules to take effect, but clarifies the state’s additional requirements for short-term plans
The current federal rules for short-term health plans were finalized in early August 2018. In late August, the Nebraska Department of Insurance noted that they had temporarily placed short-term insurer filings on hold, while they reviewed the new federal rule.
In September 2018, the Nebraska Department of Insurance published a bulletin clarifying that while the state would allow short-term plans to follow the federal guidelines in terms of the length of the initial term and the total allowable duration of the plan, the state was also imposing a variety of other requirements for short-term plans. Notably, short-term plans in Nebraska are required to:
- Provide a clear comparison of how the benefits in the short-term plan compare with the benefits required by an ACA-compliant individual market plan. The Department suggests that a comparison chart is a good way to go about this, and notes that examples of benefits that would need to be compared are “annual and lifetime limits, maternity coverage, mental health benefits, pre-existing condition restrictions, and pharmacy benefits.”
- Clearly state whether the plan can be renewed, how to go about renewing it, and how much it will cost to renew it.
- Clearly state any annual or lifetime limits that apply to the policy.
- Provide a 10-day free look period, as required under Neb. Rev. Stat. § 44-710.18.
- Disclose the details of the plan’s provider network, including maintaining an up-to-date website that shows all of the currently contracted network providers.
- Nebraska Revised Statute 44-710.03 and 44-710.04 are applicable to short-term health plans.
The Nebraska Department of Insurance had previously published a consumer alert in October 2016, warning residents to beware of “high-pressure telemarketers selling short-term health insurance products that are not compliant with the Affordable Care Act (ACA) despite their promises.”
Which insurers offer short-term plans in Nebraska?
- Blue Cross Blue Shield of Nebraska (Armor Health; a new product available as of 2020)
- Companion Life
- Golden Rule (UnitedHealthcare)
- Independence American Insurance Company
- Medica (only for Farm Bureau members)
- National General
- Standard Life
- United Security Health and Casualty Insurance Company
Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006. She has written dozens of opinions and educational pieces about the Affordable Care Act for healthinsurance.org. Her state health exchange updates are regularly cited by media who cover health reform and by other health insurance experts.