CURRENT UPDATES

1/15/25

I met with Kenny Voeller, Policy Research Director for Governor Pillen on 1/15/25 to ask him to clarify three important issues regarding LB852.

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1.  Are seniors supplemental insurance policies grandfathered in to their plan benefits if the policy was purchased prior to LB852 going into effect on 7/19/24?

2.  Does the state have the legal right under our Constitution to pass a law altering how a private contract is enforced?  Article 1, Section 10, Clause 1 of the US Constitution states the following, this clause "limits the power of states to pass laws that impair contracts".    

• This means that states cannot alter or harm the validity, construction, discharge, or enforcement of contracts. 

• The Contract Clause has been interpreted to limit a state's power to regulate contracts between private parties. 

• The Contract Clause has been considered one of the strongest constitutional checks on state legislation. 

3.  Does the state have the legal right to interfere with a federal government program, Medicare, and override the federal government's law of "no limiting charge" on medical equipment, prosthetics and orthotics? 

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I informed Governor Pillen's policy director that as of 1/15/25, only three out of seven supplemental insurance companies who have paid on claims, are abiding by the new law.  Therefore, we know that the insurance companies that are still paying 100% of the excess after the new law went into effect, believe LB852 is unconstitutional, or that their policy holders are grandfathered in to the benefits of their plan contract.

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I asked the policy director to research and clarify these issues.  I told him that it is impossible for us to tell a customer how their supplemental insurance policy will pay on a claim based on what has occurred to date.  Customer's don't know what product to choose because they are not sure what their out of pocket expenses may be if their supplemental insurance company follows the new law or not.  I asked the policy director to act swiftly to clarify these issues. 

2/11/25

​I have still not heard from Governor Pillen's Policy Research Director as of today.  I left a message for him on 2/3/25, 2/7/25 and 2/11/25 to call me with an update on the progress addressing the above three questions.

As of today, eight insurance companies out of twelve that have paid on claims are not putting the 15% limiting charge on their payments as required by LB852.

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Email sent to Governor Pillen on 2/11/25:

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​Governor Pillen,

I am writing to request a response to the questions I posed to Kenny Voeller, Policy Research Director, during our meeting on 1/15/25, clarifying the problems with LB852.  He stated at the meeting that he would look into these issues and respond.

Listed below are the questions I requested an answer to:

1.  Are seniors supplemental insurance policies grandfathered in to their plan benefits if the policy was purchased prior to LB852 going into effect on 7/19/24?

2.  Does the state have the legal right under our Constitution to pass a law altering how a private contract is enforced?  Article 1, Section 10, Clause 1 of the US Constitution states the following, this clause "limits the power of states to pass laws that impair contracts".    

• This means that states cannot alter or harm the validity, construction, discharge, or enforcement of contracts. 

• The Contract Clause has been interpreted to limit a state's power to regulate contracts between private parties. 

• The Contract Clause has been considered one of the strongest constitutional checks on state legislation.

3.  Does the state have the legal right to interfere with a federal government program, Medicare, and override the federal government's law of "no limiting charge" on medical equipment, prosthetics and orthotics?

LB852 did absolutely nothing to protect the welfare of Nebraskans, which wasn't in jeopardy until this law was passed.  Balance billing the customer for the excess now only takes money out of seniors pockets instead of the insurance company's pockets.  Who do you care about more, Nebraska seniors or insurance companies?  

I informed Governor Pillen's policy director that as of 1/15/25, only three out of seven supplemental insurance companies who have paid on claims, are abiding by the new law.  Therefore, we know that the insurance companies that are still paying 100% of the excess after the new law went into effect, believe LB852 is unconstitutional, or that their policy holders are grandfathered in to the benefits of their plan contract.

I asked the policy director to research and clarify these issues.  I told him that it is impossible for us to tell a customer how their supplemental insurance policy will pay on a claim based on what has occurred to date.  Customer's don't know what product to choose because they are not sure what their out of pocket expenses may be if their supplemental insurance company follows the new law or not.  I asked the policy director to act swiftly to clarify these issues.  

I have left three messages, on 2/3/25, 2/7/25 and 2/11/25, for your policy director to call me back with an update or his findings.  Please clarify these issues and have Kenny get back to me.  Thank you.

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Brent E. White

GM, Nebraska Scooter Mart LLC

2/14/25

Email sent to Governor Pillen on 2/14/25:

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Governor Pillen,

I am following up to my previous four messages left with your office staff, the voicemail messages left for Kenny Voeller, and my email to you on 2/11/25.

I understand it is a busy time of year for your staff, however, that is not an acceptable excuse for not giving me the courtesy of a one minute return phone call saying that I'm still looking into the issues you raised with LB852, or, yes we made a mistake and this law is unconstitutional, or Nebraska seniors are grandfathered into their policy if it was effective before 7/19/24.

Something is obviously wrong with this law, otherwise, as of today, 8 out of 12 supplemental insurance companies who have made claim payments with a date of service of 7/19/24 or later are not abiding by LB852 Sections 3 and 4.  Even UnitedHealthcare, one of the proponents who testified in the Legislature in favor of the bill, has not put your 15% limiting charge on their claim payments, instead they are paying 100% of the excess as required by their customers policy.

Please clarify the issues with LB852 and get back to me.  Thank you.

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Brent E. White

GM, Nebraska Scooter Mart LLC

2/18/25

Email received from Gov. Pillen and email sent to Gov. Pillen:

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From: Hulse, Kristine <Kristine.Hulse@nebraska.gov>

Sent: Tuesday, February 18, 2025 10:30 AM

To: Brent White <nebraskascootermart@gmail.com>

Subject: Follow Up

10:30 AM

to Brent White

Brent –

I was out of the office last week on military duty and received your emails when I returned to the office this morning.  I will pass your concerns and questions along and request someone follow up with you as soon as possible.

Sincerely,

Kristine Hulse

Administrative Assistant

State of Nebraska

Office of the Governor

(402) 471-2245

From: Brent White <nebraskascootermart@gmail.com>
Sent: Tuesday, February 18, 2025 10:50 AM
To: Hulse, Kristine <Kristine.Hulse@nebraska.gov>
Subject: Follow Up

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10:50 AM

to Kristine Hulse

Kristine,

Thank you for following up and thank you for your service.  We are in limbo just like all medical equipment, prosthetic and orthotic companies are because we do not know what to tell our new and existing customers on how their supplemental insurer is going to pay on a claim.  The customer does not know what prescribed equipment to choose, or if they can afford the repair to their old equipment, because their out of pocket expense is unknown.  This is harmful to Nebraska seniors and it should be a priority for Governor Pillen to resolve.  I look forward to hearing from someone.  Have a good day!

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Brent E. White

GM, Nebraska Scooter Mart LLC