WeVote
Log In

Bill

Bill

LB 41

Change provisions relating to blood tests for pregnant women

109th Legislature (2025-2026) Introduced by Dan Quick and 1 co-sponsor

Nebraska expands prenatal syphilis testing to three points (early, third trimester, delivery) and requires voluntary, clearly explained HIV/syphilis tests with authorized sample co

Approved by Governor on April 9, 2025
0
WeVote Research Nonpartisan
Bill Summary · LB 41

Summary — LB 41 (2025)

Title: Change provisions relating to blood tests for pregnant women
Statute amended: Neb. Rev. Stat. § 71-502.03
Status: Approved by Governor April 9, 2025 (Passed Final Reading 47-0-2)

Purpose

LB 41 expands and clarifies state law on blood testing for pregnant women to better detect and prevent congenital syphilis and to clarify consent procedures for syphilis and HIV testing.

Key provisions

  • Expands required syphilis testing:
    • Requires a blood sample be taken and submitted for an approved serological syphilis test at three points: 1) the first (initial) prenatal examination, 2) the third-trimester examination, and 3) at delivery (birth).
  • Clarifies who must obtain samples:
    • Physicians or other licensed obstetric practitioners must take — or direct an authorized person to take — the blood samples. Providers not authorized to draw blood must direct a licensed person to obtain the sample.
  • Consent and patient notification:
    • Both syphilis and HIV tests are voluntary. Providers must inform each pregnant woman in clear, understandable language that testing is voluntary and may be declined either verbally or in writing (replacing prior language that required written opt-out for HIV).
  • Laboratory and reporting requirements:
    • Tests must be a department‑approved serological test performed at a laboratory approved by the Department of Health and Human Services (DHHS); DHHS Laboratory may perform tests on request.
    • Results of required tests must be reported to DHHS on department forms. Birth and stillbirth reports must indicate whether a syphilis test was done and the approximate date; test results are not shown on birth certificates.
    • Department may set a fee (no more than actual cost) for tests; fees deposit to the Health and Human Services Cash Fund.
  • Fiscal intent:
    • Legislature states intent that the cost of syphilis serologic tests for individuals covered under Medicaid, when such tests were not previously covered, be paid from the Medicaid Managed Care Excess Profit Fund and federal funds.

Who is affected

  • Pregnant women in Nebraska (testing more frequently; informed of voluntary nature)
  • Physicians, midwives and other obstetric providers (new testing schedule; documentation/notification duties)
  • Clinical laboratories and DHHS (approval, testing, and reporting responsibilities)
  • Medicaid program (funding intent for tests not previously covered)

Procedural/timeline notes

  • Introduced: Jan 9, 2025 (Sen. Merv Riepe et al.)
  • Health & Human Services Committee hearing: Jan 23, 2025 (AM62 adopted)
  • Final amendments (AM637) and Enrollment/Review changes adopted during floor actions
  • Advanced through Legislature and approved by Governor on April 9, 2025
  • Original §71‑502.03 repealed and replaced by the amended section

Expected impact

  • Clinical/public‑health: Aligns state law with best practices to improve detection and treatment of maternal syphilis to reduce congenital syphilis.
  • Administrative/fiscal: Minor additional testing and reporting workload for providers and labs; specified funding intent for Medicaid-covered persons aims to mitigate costs to providers and patients.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.