Judiciary Committee
March 6, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 6 | Full Transcript (PDF)
LB641: Caregiver Asset Protection in Medicaid Estate Recovery
Introduced by: Sen. Eliot Bostar | Testimony: 3 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Senator Bostar's bill would shield family caregivers from losing their homes to Medicaid estate recovery when they live with and care for elderly relatives. LB641 allows physicians to certify that in-home caregiving delayed the need for institutional care, exempting those caregivers' life estate interests from state recovery. The bill also adds assisted-living facilities to the list of applicable medical institutions.
Why it matters: Nebraska has 179,000 unpaid caregivers providing $2.8 billion in annual care. Delaying nursing home placement by even one year saves Medicaid tens of thousands of dollars, yet current law creates uncertainty that discourages family caregiving. The bill balances caregiver protection with fraud prevention through physician certification.
What they're saying: - Proponents: AARP, Alzheimer's Association, and Arc of Nebraska testified that the bill protects low-income families whose homes are their only asset while saving taxpayer money. One witness cited an Iowa case where a family was billed $4.2 million after a daughter's death despite minimal assets. - Neutral testimony: DHHS concerns about federal compliance were addressed through the amendment requiring physician certification.
By the numbers: 35,100 Nebraskans live with Alzheimer's; 40,000 unpaid caregivers provide 62 million hours of care valued at $1.18 billion annually. Institutional care costs $89,796 yearly versus $61,776 for in-home care.
What's next: No vote was taken. The amendment addresses DHHS concerns and maintains provisions allowing reimbursed or unreimbursed care.
Committee sentiment: Supportive: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB453: National Criminal Background Checks for Guardians and Conservators
Introduced by: Sen. Wendy DeBoer | Testimony: 2 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
DeBoer's bill closes a gap in Nebraska's guardianship vetting system by explicitly authorizing FBI national criminal background checks for guardian and conservator appointees. The legislation clarifies that State Patrol can access the FBI's national criminal history database and requires fingerprinting to enable proper matching. The bill does not apply to temporary guardianships or conservatorships.
Why it matters: Current law allows only Nebraska-level background checks, missing out-of-state criminal histories. A recent case involved an Iowa resident denied guardianship in Iowa for prior criminal activity but appointed as guardian in Nebraska until the Office of Public Guardian investigated independently. Vulnerable individuals in guardianship situations face significant risk of financial exploitation and abuse.
What they're saying: - Proponents: State Court Administrator Corey Steel and Attorney General's Medicaid Fraud Unit Director Mark Collins testified that national database access is essential. Collins noted his unit has recovered $98 million and that seniors lose $28 billion annually to financial abuse. - Skeptics: Sen. Hallstrom questioned whether criminal background checks correlate with abuse propensity, noting the need to balance protection with encouraging guardianship volunteers.
By the numbers: $45 cost per applicant; no fiscal impact to state. Attorney General's unit has opened 2,600 files and obtained 143 convictions.
What's next: No vote was taken. The bill has one submitted opponent comment and one proponent comment.
Committee sentiment: Skeptical: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB53: Criminal and Civil Immunity for Pregnancy Outcomes
Introduced by: Sen. Machaela Cavanaugh | Testimony: 3 proponents, 7 opponents, 1 neutral | Read bill text (PDF)
Cavanaugh's bill would shield women from criminal and civil prosecution for pregnancy outcomes including miscarriage and abortion, ensuring they can seek medical care without fear of investigation. The legislation provides immunity consistent with existing Nebraska law protecting women from abortion prosecution and mirrors immunity provisions for drug overdose situations.
Why it matters: Early pregnancy loss occurs in 10% of clinically recognized pregnancies, with 50% due to fetal chromosomal abnormalities beyond a woman's control. Nationally, hundreds of women have been investigated and prosecuted for miscarriages and pregnancy outcomes—including a Louisiana woman imprisoned for over a year for miscarriage, a Utah woman arrested for stillbirth, and an Iowa woman arrested for falling down stairs. Women need assurance they can seek necessary medical care without legal jeopardy.
What they're saying: - Proponents: AARP, ACLU, Planned Parenthood, and Women's Fund testified that bill provides clarity and protection. ACLU cited study showing 1,396 arrests for pregnancy outcomes between 2006-2022, with majority involving low-income people and people of color. Planned Parenthood described Brittany Watts case: denied care in Ohio, had miscarriage at home, falsely charged with abuse of a corpse. - Opponents: Pro-life groups argued immunity removes consequences that deter behavior and violates equal protection for unborn persons. Some testified bill contradicts Nebraska's state motto of "equality before the law."
By the numbers: 126 proponent comments submitted; 21 opponent comments; 1 neutral comment. 10% of clinically recognized pregnancies end in early loss. 210 pregnant people faced criminal charges in first year after Dobbs decision.
What's next: No vote was taken. Cavanaugh shared personal story of having to fill out paperwork for remains of lost twin during delivery of live birth, illustrating complexity of pregnancy loss.
Committee sentiment: Supportive: Sen. DeBoer Unclear: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB669: Informed Consent and Screening for Coercion in Abortion Care
Introduced by: Sen. Tanya Storer | Testimony: 6 proponents, 4 opponents, 4 neutral | Read bill text (PDF)
Storer's bill removes unconstitutional language from Nebraska's informed consent statute and adds screening requirements for coercion, domestic violence, and human trafficking at abortion facilities. The legislation requires providers to conduct private screening and offer hotline numbers and confidential phone call opportunity if a woman discloses abuse or trafficking. The cleanup portion removes language permanently enjoined as unconstitutional in 2010.
Why it matters: Research shows abortion is used as a tool by abusers and traffickers to control victims and hide exploitation. A 2014 Loyola University study of 100+ sex trafficking survivors found 55% reported at least one abortion, with 30% reporting multiple abortions. Survivors had significant contact with abortion clinics but opportunities for victim identification were largely missed. Screening could be lifesaving intervention.
What they're saying: - Proponents: Catholic Conference, Nebraska Family Alliance, and trafficking survivor advocates testified that screening is commonsense protection. Survivor Julie Shrader described being forced into abortion without full information or options. Proponents emphasized screening happens in private with no requirement to report. - Opponents: Planned Parenthood, ACLU, and reproductive justice organizations argued screening is already standard practice and bill is politically motivated. They cited research showing low prevalence of abortion coercion (0.1%-4%) and noted bill ignores more common coerced pregnancy through birth control sabotage.
By the numbers: 134 proponent comments; 116 opponent comments; 3 neutral comments. 2014 Loyola study: 55% of trafficking survivors had abortions; 30% had multiple abortions. 2023 Lozier study: 24% of women documented abortions as unwanted or coerced.
What's next: No vote was taken. Storer indicated openness to working with testifiers on potential improvements, particularly regarding expansion to all pregnancy appointments.
Committee sentiment: Supportive: Sen. DeBoer, Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB385: Internet Service Provider Exemption Clarification
Introduced by: Sen. Tanya Storer | Testimony: 1 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Storer's cleanup bill closes a loophole in Nebraska's deceptive trade practices statute by extending internet service provider exemptions to broadband-only providers. The legislation clarifies that the exemption applies to all broadband internet access service providers, not just traditional telecommunications companies. The original intent was to hold content providers accountable while protecting ISPs with no control over customer use.
Why it matters: Last year's LB1096/LB934 amendments targeted sexually explicit material and content harmful to minors but exempted telecommunications service providers. However, cable and broadband-only providers—which also have no control over customer content—were inadvertently excluded. The bill ensures the law matches legislative intent.
What they're saying: - Proponents: Charter Communications (Spectrum) testified the bill is necessary. The company serves 156,000 Nebraskans, employs 270+ people, and invested $38 million in network expansion. Attorney General sent letter of support.
By the numbers: 1 proponent comment submitted; 0 opponent comments; 0 neutral comments.
What's next: No vote was taken. Senator Storer waived closing statement.
Committee sentiment: Supportive: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB499: Crime Victim's Reparations Committee Membership Expansion
Introduced by: Sen. Wendy DeBoer | Testimony: 2 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
DeBoer's bill expands the Crime Victim's Reparations Committee from 8 to 10 members by adding two public members with trauma expertise and victim experience. One new member must be a crime victim; the other must have experience working with trauma victims. The amendment adds assault of a child to qualifying offenses and provides program information.
Why it matters: The CVR Committee reviews and approves claims for crime victims seeking compensation for expenses related to reported crimes. Board members conduct appeals hearings where they directly question victims about denied claims. Understanding trauma behavior is essential—victims often don't report immediately or may have been under the influence; board members need expertise to understand these behaviors without causing additional harm.
What they're saying: - Proponents: Nebraska Coalition to End Sexual and Domestic Violence and Nebraska Alliance of Child Advocacy Centers testified that trauma expertise is essential. Coalition's 20 programs serve all 93 counties; alliance's seven centers served 9,200+ children in 2023. Both emphasized that survivors disclose more readily in private settings with trusted individuals. - Examples cited: Past denials included assault victim denied because she didn't report within 72 hours and homicide victim's family denied funeral expenses due to suspicion victim sold drugs.
By the numbers: 5 proponent comments submitted; 0 opponent comments; 0 neutral comments. CVR program funded through State General Fund, 5% of federal prison wages, $1 court fee per conviction, and federal funds (approximately 60% of state funds expended).
What's next: No vote was taken. DeBoer clarified in closing that victim is already defined in crime victims statute, explaining why bill doesn't further define the term.
Committee sentiment: Supportive: Sen. Bosn, Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
Session Notes
Committee Chair Bosn opened with procedural instructions regarding testifier sheets, three-minute light system, and written position comment deadlines (8 a.m. day of hearing via Legislature website). Committee members present: Sen. Bob Hallstrom (District 1), Sen. Jared Storm (District 23), Sen. Tanya Storer (District 43), Sen. Wendy DeBoer (District 10), Sen. Victor Rountree (District 3). Legal counsel: Denny Vaggalis. Committee clerk: Laurie Vollertsen. Pages: Ayden Topping (UNL second-year) and Alberto Donis (UNL first-year). Hearing concluded by approximately 4:30 p.m. as predicted by Sen. Holdcroft.
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