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Ch. 147
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Martin O'Malley, Governor
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(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:
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
with the National Committee for Quality Assurance (NCQA) credentialing
(iv) An accrediting organization to ensure compliance with
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
(ii) The entities listed in paragraph (2) of this subsection may
(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.
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- 1247 -
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