Ch. 74

1995 LAWS OF MARYLAND

(7)     Any person who contracts with a provider of health care to perform any
of those functions listed in subsection (c) of this section that are limited to the review of
services provided by the provider of health care; [or]

(8)     An organization, established by the Maryland Hospital Association, Inc.
and the Faculty, that contracts with a hospital, related institution, or alternative delivery
system to:

(i) Assist in performing the functions listed in subsection (c) of this
section; or

(ii) Assist a hospital in meeting the requirements of § 19-319(e) of the
Health - General Article; OR

(9)     A COMMITTEE APPOINTED BY OR ESTABLISHED IN AN ACCREDITED
HEALTH OCCUPATIONS SCHOOL.

(c)     For purposes of this section, a medical review committee:

(1)     Evaluates and seeks to improve the quality of health care provided by
providers of health care;

(2)     Evaluates the need for and the level of performance of health care
provided by providers of health care;

(3)     Evaluates the qualifications, competence, and performance of providers
of health care; or

(4)     Evaluates and acts on matters that relate to the discipline of any
provider of health care.

(d)     (1) Except as otherwise provided in this section, the proceedings, records,
and files of a medical review committee are not discoverable and are not admissible in
evidence in any civil action arising out of matters that are being reviewed and evaluated
by the medical review committee.

(2) The proceedings, records, and files of a medical review committee
requested by the Department of Health and Mental Hygiene to ensure compliance with
the provisions of § 19-319 of the Health - General Article are confidential and are not
discoverable and are not admissible in evidence in any civil action arising out of matters
that are being reviewed and evaluated by the medical review committee.

(e)     Subsection (d)(1) of this section does not apply to:

(1)     A civil action brought by a party to the proceedings of the medical
review committee who claims to be aggrieved by the decision of the medical review
committee; or

(2)     Any record or document that is considered by the medical review
committee and that otherwise would be subject to discovery and introduction into
evidence in a civil trial.

- 1374 -