The Nebraska Government Transparency & Performance Act (NE-GT&P)

Nebraska state companion to GT&P. Extends State Personnel System (Neb. Rev. Stat. Ch. 81 Art. 13), Nebraska Public Records Statutes (Sec. 84-712 et seq.), and Nebraska Medicaid fraud recovery (Neb. Rev. Stat. Sec. 68-936 et seq.).

THE NEBRASKA GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (NE-GT&P)

Vehicle: State passage. Nebraska Legislature (Unicameral), regular session. Primary referral to Government, Military and Veterans Affairs Committee / Appropriations Committee.

SECTION 1. SHORT TITLE

This Act may be cited as the “Nebraska Government Transparency & Performance Act (NE-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Nebraska’s State Personnel System operates under Neb. Rev. Stat. Ch. 81 Art. 13; that the Nebraska Public Records Statutes operate under Neb. Rev. Stat. Sec. 84-712 et seq.; that the Department of Administrative Services administers the Executive Budget under Neb. Rev. Stat. Ch. 81 Art. 11; that the Legislative Fiscal Office provides fiscal analysis under Neb. Rev. Stat. Ch. 50; that Nebraska does not have a general False Claims Act but recovers Medicaid fraud under Neb. Rev. Stat. Sec. 68-936 et seq. and related provisions; and that the Medicaid Fraud Control Unit operates under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH NEBRASKA LAW

Sec. 101. Definitions

1. (a) “NE-DAS” means the Department of Administrative Services.
2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
3. (c) “MFCA” means Nebraska’s Medicaid fraud-recovery authority under Neb. Rev. Stat. Sec. 68-936 et seq.

Sec. 102. Coordination with Existing Nebraska Law

1. (a) Consistent with:

• Neb. Rev. Stat. Ch. 81 Art. 13 (State Personnel System).
• Neb. Rev. Stat. Sec. 84-712 et seq. (Public Records).
• Neb. Rev. Stat. Ch. 81 Art. 11 (Department of Administrative Services).
• Neb. Rev. Stat. Sec. 68-936 et seq. (Medicaid fraud).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
2. (b) The Department of Administrative Services shall publish the Nebraska Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

1. (a) Legislative Fiscal Office fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

1. (a) Neb. Rev. Stat. Ch. 81 Art. 13 is amended so that nothing precludes policy-influencing-position classifications with publicly posted performance standards.

TITLE IV — NEBRASKA MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

1. (a) Given that Nebraska does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under Neb. Rev. Stat. Sec. 68-936 et seq. and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

1. (a) A person presenting a materially false or fraudulent claim involving NERMC, Federal FRAC, NE-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect the first day of the month following enactment.

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Canonical federal version: GT&P. Other Nebraska bills: NE-ACSA, NE-MEWRA, NE-AI-Workforce.