Section 1370 Of Article 5. Standards From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 5.
1370
. Every plan shall establish procedures in accordance with
department regulations for continuously reviewing the quality of
care, performance of medical personnel, utilization of services and
facilities, and costs. Notwithstanding any other provision of law,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person who participates
in plan or provider quality of care or utilization reviews by peer
review committees which are composed chiefly of physicians and
surgeons or dentists, psychologists, or optometrists, or any of the
above, for any act performed during the reviews if the person acts
without malice, has made a reasonable effort to obtain the facts of
the matter, and believes that the action taken is warranted by the
facts, and neither the proceedings nor the records of the reviews
shall be subject to discovery, nor shall any person in attendance at
the reviews be required to testify as to what transpired thereat.
Disclosure of the proceedings or records to the governing body of a
plan or to any person or entity designated by the plan to review
activities of the plan or provider committees shall not alter the
status of the records or of the proceedings as privileged
communications.
The above prohibition relating to discovery or testimony shall not
apply to the statements made by any person in attendance at a review
who is a party to an action or proceeding the subject matter of
which was reviewed, or to any person requesting hospital staff
privileges, or in any action against an insurance carrier alleging
bad faith by the carrier in refusing to accept a settlement offer
within the policy limits, or to the director in conducting surveys
pursuant to Section 1380.
This section shall not be construed to confer immunity from
liability on any health care service plan. In any case in which, but
for the enactment of the preceding provisions of this section, a
cause of action would arise against a health care service plan, the
cause of action shall exist notwithstanding the provisions of this
section.