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Ch. 519
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2000 LAWS OF MARYLAND
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WHEREAS, Hospitals are given the right to determine staff privileges and the
denial of privileges can exclude a physician, nurse anesthetist, nurse midwife, and
social worker from the ability to practice in his or her community; and
WHEREAS, Recent court decisions indicate that the provisions of Article 49B of
the Code forbidding discrimination in employment do not apply to issues of hospital
staff privileges because the physician is not an "employee" of the hospital; and
WHEREAS, Maryland law provides protection from such discrimination by
insurance carriers in the selection of provider panels in § 5-112 of the Insurance
Article, but provides no similar protection with respect to hospitals and other
credentialing organizations; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article—Health-Occupations
14-509.
(A) THERE IS A TASK FORCE ON DISCRIMINATION BY HEALTH CARE
CREDENTIALING ORGANIZATIONS.
(B) THE TASK FORCE CONSISTS OF THE FOLLOWING 13 MEMBERS:
(1) TWO MEMBERS OF THE SENATE, APPOINTED BY THE PRESIDENT OF
THE SENATE, ONE OF WHOM SHALL SERVE AS CO-CHAIR OF THE TASK FORCE;
(2) TWO MEMBERS OF THE HOUSE, APPOINTED BY THE SPEAKER OF THE
HOUSE, ONE OF WHOM SHALL SERVE AS CO CHAIR OF THE TASK FORCE;
(3) THREE MEMBERS OF THE PUBLIC APPOINTED BY THE GOVERNOR;
(4) ONE MEMBER FROM A LIST SUBMITTED BY THE MARYLAND
HOSPITAL ASSOCIATION APPOINTED BY THE GOVERNOR;
(5) TWO REPRESENTATIVES OF THE BOARD OF PHYSICIAN QUALITY
ASSURANCE APPOINTED BY THE GOVERNOR;
(6) TWO MEMBERS FROM A LIST SUBMITTED BY THE MEDICAL AND
CHIRURGICAL FACULTY OF MARYLAND APPOINTED BY THE GOVERNOR; AND
(7) ONE REPRESENTATIVE FROM THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE APPOINTED BY THE GOVERNOR.
(C) THE TASK FORCE SHALL:
(1) STUDY THE EXCLUSION OF WOMEN, PEOPLE OF COLOR, AND OTHER
MINORITIES BY CREDENTIALING ORGANIZATIONS INCLUDING HOSPITALS;
(2) CONDUCT HEARINGS AS CONSIDERED APPROPRIATE; AND
(3) REVIEW FEDERAL AND STATE LAW TO ENSURE THAT THERE IS
ADEQUATE OPPORTUNITY FOR REDRESS FOR PHYSICIANS COMPLAINING ABOUT
EXCLUSION BY HOSPITALS AND CREDENTIALING ORGANIZATIONS.
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- 2776 -
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