ROBERT L. EHRLICH, JR., Governor                                Ch. 5

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.

(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.

(f) (1) A person shall have the immunity from liability described under §
5-637 of the Courts and Judicial Proceedings Article for any action as a member of
the medical review committee or for giving information to, participating in, or
contributing to the function of the medical review committee.

(2) A contribution to the function of a medical review committee includes
any statement by any person, regardless of whether it is a direct communication with
the medical review committee, that is made within the context of the person's
employment or is made to a person with a professional interest in the functions of a
medical review committee and is intended to lead to redress of a matter within the
scope of a medical review committee's functions.

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