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Ch. 158
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2002 LAWS OF MARYLAND
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(12) A Mortality Review Committee established under § 5-801 of the
Health - General Article.
(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.
(2) The proceedings, records, and files of a medical review committee 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 if requested by the following:
(i) The Department of Health and Mental Hygiene to ensure
compliance with the provisions of § 19-319 of the Health — General Article;
(ii) A health maintenance organization to ensure compliance with
the provisions of Title 19, Subtitle 7 of the Health - General Article and applicable
regulations;
(iii) A health maintenance organization to ensure compliance with
the National Committee for Quality Assurance (NCQA) credentialing requirements;
or
(iv) An accrediting organization to ensure compliance with
accreditation requirements or the procedures and policies of the accrediting
organization.
(3) If the proceedings, records, and files of a medical review committee
are requested by any person from any of the entities in paragraph (2) of this
subsection:
(i) The person shall give the medical review committee notice by
certified mail of the nature of the request and the medical review committee shall be
granted a protective order preventing the release of its proceedings, records, and files;
and
(ii) The entities listed in paragraph (2) of this subsection may not
release any of the proceedings, records, and files of the medical review committee.
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- 1582 -
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